[Ord. No. 1323 §I, 7-9-2001]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein; when not inconsistent with the context, words used in the present tenses include the future and words in the singular number include the plural number; the word "shall" is always mandatory and not merely directory.
- APPROPRIATE DEPARTMENT HEAD
- The director or designee of any City department authorized and empowered by the Board of Aldermen or City Administrator to review and determine decisions relative to recommendations made by the City Tree Board.
- The City of Oak Grove, Missouri, and includes any department or subdivision thereof.
- Includes line, cable, conduit or conductor.
- PARK TREES
- Trees and other woody vegetation on public park grounds and those on areas owned or maintained by the City.
- Any public or private individual (other than owner/resident), group, company, firm, corporation, partnership, association, society or any other combination of human beings, whether legal or natural.
- To alter, trim or cut a tree in accordance with generally accepted conservation pruning techniques. In this Chapter, such practices may include pruning certain branches beyond the six (6) foot easement or further than six (6) feet from a line. In the case of "certain trees", pruning may be performed in such a manner so as to obtain a ten (10) foot horizontal clearance; and as it applies to "other trees", a horizontal clearance of six (6) feet.
- The actual removal or causing the effective removal through damaging or other direct or indirect actions resulting in the death of trees.
- STREET TREES
- Trees and other woody vegetation on land lying between property lines on either side of all streets, avenues, boulevards or parkways within the City.
- SUBSTANCE, DANGEROUS
- A restricted use pesticide that requires a municipal, County, State and/or Federal license and/or permit to purchase and/or administer.
- SUBSTANCE OF ORGANIC SYNTHESIS
- Any substance that is of a carbon base and is manmade.
- Any self-supporting, woody plant together with its root system, growing upon the earth usually with one (1) trunk of at least two (2) inches in diameter at a height of four (4) feet above the ground or a multi-stemmed trunk system with a definitely formed crown.
- TREES, CERTAIN
- Those which have rapid growth, weak branching habits or brittle wood together with those trees that due to form, damage or disease are hazardous to the line or public safety including, but not limited to, Siberian (Chinese) elm — Ulmus pumila; silver (soft) maple — Acer saccarinum; Bradford Pear; green ash — Fraxinus americana; box-elder — Acer negundo; tree-of-heaven — Ailantus altissima; cottonwood — Populus deltoides; lombardi poplar — Populus lombardi; black locust — Robinia pseudoaccia; willow — Salix sp.
- TREES, OTHER
- Those trees not included in the meaning or intent of the definition of "certain trees" above.
[Ord. No. 1323 §III, 7-9-2001]
Intent. It shall be the intent of this Chapter through the maintenance, placement, planting, preservation and protection of trees to: aid in the stabilization of soil by the prevention of erosion and sedimentation; reduce stormwater runoff and the cost associated therewith; provide a buffer and screen against noise pollution; provide protection against severe weather, provide shade, protect and increase property values; protect the citizens of the City from the dangers of harmful chemicals; conserve and enhance the City's physical and aesthetic environment; and generally protect and enhance the quality of life and the general welfare of the City and its residents.
Public Tree Care. The City shall have the right to plant, prune, maintain and remove trees and/or other woody vegetation within the right-of-way lines of all Oak Grove streets, avenues, boulevards or parkways and on public park grounds or on areas owned or maintained by the City. This provision shall preserve and enhance the symmetry and beauty of such City-owned or maintained grounds. The City may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which is injurious to utility lines or public improvements or is affected with any injurious fungus, insect or other pest.
Tree Topping. It shall be unlawful as a normal practice for any person, firm or City department to top any street tree, park tree or other tree on public property unless otherwise provided by law. "Topping" is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where pruning practices are impractical may be exempted from this Chapter at the determination of the City Tree Board.
Pruning, Corner Clearance. Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
Dead Or Diseased Tree Removal On Private Property. The City shall have the right to cause the removal of any dead or diseased trees on private property within the City when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the City. The City will notify in writing the owners of the trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of the removal to the owners directly or by lawful property lien or other authorized measures.
Street Tree Species To Be Planted. The following list constitutes the official street tree species for the City. No species other than those included in this list may be planted as street trees without the written permission of the City Tree Board.
Spacing. The spacing of street trees will be in accordance with the three (3) species size classes listed above and no trees may be planted closer together than the following: small trees, thirty (30) feet, medium trees, forty (40) feet and large trees, fifty (50) feet; except in special plantings designed or approved by a landscape architect with the approval of the City.
Distance From Curb And Sidewalk. The distance a tree may be planted from curb or curb lines will be in accordance with the three (3) species size classes listed in Subsection (F) of this Section and no trees may be planted closer to any curb than the following: small trees, two (2) feet, medium trees, three (3) feet and large trees, four (4) feet. No trees may be planted closer than seven (7) feet to any sidewalk.
Distance From Street Corners And Fireplugs. No street tree shall be planted within the triangular area bounded by pavement lines and a line connecting the two (2) points of edge of street pavement twenty-five (25) feet from point of intersection of the projected lines of street pavements. No street tree shall be planted closer than ten (10) feet to any fireplug.
Utilities. No street tree other than those species listed as small trees in Subsection (F) of this Section may be planted under or within ten (10) lateral feet of any overhead utility wire or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility.
Use Of Dangerous Substances Prohibited.
It shall be unlawful for any person to use a dangerous substance within the City limits for purposes of controlling the growth of tree foliage, trimming of branches and/or removal of stumps.
It shall be unlawful for any person having rights in a utility easement to use any substances of organic synthesis for the purposes of controlling the growth of foliage, trimming of branches and/or removal of stumps.
[Ord. No. 1323 §IV, 7-9-2001]
This Chapter is intended to place reasonable restrictions on the activities herein defined and as herein set out but does not constitute an excuse, permission or justification for the invasion of private rights whether or not such act is in compliance with this Chapter.
[Ord. No. 1323 §V, 7-9-2001]
Any person, corporation or other officer, agent or employee of such corporation or its contractor who, having authority to do so, shall authorize, direct, permit or allow the performance of any of the acts prohibited by this Chapter shall be deemed to be in violation of this Chapter as a principal.
[Ord. No. 1323 §VI, 7-9-2001]
Nothing in this Chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees nor to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property or under their control in a safe condition.
[Ord. No. 1323 §VII, 7-9-2001]
Any person who shall violate, fail, neglect or refuse to comply with any provisions of this Chapter shall be subject, upon conviction, to a fine not to exceed five hundred dollars ($500.00) per occurrence.