[Ord. No. 1306 §1, 10-17-2016]
There is hereby created and established a Forestry Advisory Committee for the City of Vinita Park, Missouri, which shall consist of five (5) members, citizens and residents of this City, who shall be appointed by the Mayor with the approval of the Board of Alderpersons. The Public Works Director shall be an ex officio member of the Forestry Advisory Committee.
[Ord. No. 1306 §2, 10-17-2016]
The term of the five (5) persons to be appointed by the Mayor shall be three (3) years except that the term of two (2) of the members appointed to the first Board shall be for only one (I) year and the term of two (2) members of the first Board shall be for two (2) years. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for a new three (3) year term.
[Ord. No. 1306 §3, 10-17-2016]
Members of the Forestry Advisory Committee shall serve without compensation.
[Ord. No. 1306 §4, 10-17-2016]
It shall be the responsibility of the Forestry Advisory Committee to study, investigate. counsel and develop and/or update annually, and administer written plans (annual and long-range) for the care, replacement, maintenance and removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such a plan will be presented annually to the Board of Aldermen and upon their acceptance and approval shall constitute the official comprehensive City tree plan for the City of Vinita Park, Missouri.
The Forestry Advisory Committee, when requested by the Board of Aldermen, shall consider, investigate, make findings, report and recommend upon any special matter or questions relating to trees.
[Ord. No. 1306 §5, 10-17-2016]
The Forestry Advisory Committee shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
[Ord. No. 1306 §6, 10-17-2016]
The City of Vinita Park, Missouri, shall maintain an extensive list of recommended trees for planting in public areas. The purpose of this listing will be to maintain diversity in the total tree population. This list shall be available to residents of the City upon request to aid in the selection of trees for private and public properties. The list of recommended trees shall be updated periodically by the Public Works Director to reflect new developments or species that will affect the population of the community forest.
[Ord. No. 1306 §7, 10-17-2016]
Street trees may be planted in the tree lawn where there is no less than three (3) feet between the edge of the sidewalk and the curb of the street. Street trees shall be planted no closer than three (3) feet from a driveway.
No street tree shall be planted closer than ten (10) feet from any street comer, measured from the point of the nearest intersection of curbs and curb lines.
No street tree shall be planted closer than ten (10) feet from any fireplug.
Special permission must be obtained from the Public Works Director when planting street trees within ten (10) feet of any point on a line on the ground immediately below any overhead utility wire.
[Ord. No. 1306 §8, 10-17-2016]
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the rights-of-way or bounds of all streets, alleys, lanes, squares and public grounds as may be necessary to insure public safety. All tree pruning and removal will be done in accordance with the most current ANSI A300 Tree Shrub and Other Woody Plant Maintenance Standard Practices.
The City may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to electric power lines or other public improvements or is seriously affected with any fatal disease.
The abutting property owners shall have the right to water and mulch street trees. All other tree care shall be reserved for the City.
[Ord. No. 1306 §9, 10-17-2016]
No person shall plant a street tree without first obtaining a permit from the Public Works Director. There will be no fee for such permit.
[Ord. No. 1306 §10, 10-17-2016]
No person shall remove any public tree without first obtaining a permit from the City. The value of trees shall be determined by the Public Works Director in accordance with regulations considering the species, location, size and condition of trees adopted by the Forestry Advisory Committee. If no suitable location exists in the vicinity of the tree removed or if the replacement tree is of lesser value, the person causing the tree to be removed shall make a compensatory payment to the City equal to the difference in value between the tree removed and any replacement tree. Such compensatory payment shall be paid into a fund established by the City Treasurer and used solely for the purpose of enhancing the community forest.
[Ord. No. 1306 §11, 10-17-2016]
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. "Topping, rounding off or pollarding" is defined as the systematic cutting back of limbs within the tree's crown to such a degree 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 other pruning practices are impractical may be exempted from this Section at the determination of the Public Works Director or Forestry Advisory Committee.
[Ord. No. 1306 §12, 10-17-2016]
A clearance of eight (8) feet must be maintained over walkways and a minimum clearance of twelve (12) feet must be maintained over streets and alleys. Property owners are responsible for trees on their own property.
[Ord. No. 1306 §13, 10-17-2016]
The City shall have the right to cause to be removed any tree within the City that is dead or has been declared hazardous. Hazard trees are defined as trees with severe structural defects or splits. The City will notify, in writing, the owner(s) of such trees. Removal is the responsibility of the owner(s) of such trees and shall be accomplished within the time limits set by the Public Works Director.
[Ord. No. 1306 §14, 10-17-2016]
It shall be unlawful for any person to prevent, delay or interfere with the Public Works Director or his/her designee, the Forestry Advisory Committee or any of its representatives or agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any trees within the public community forest.
[Ord. No. 1306 §15, 10-17-2016]
The Public Works Director is hereby charged with the responsibility for the enforcement of this Chapter and may serve notice to any person, firm or corporation in violation thereof or institute legal proceedings as may be required and the City Attorney is hereby authorized to institute appropriate proceedings to that end.
[Ord. No. 1306 §16, 10-17-2016]
It shall be unlawful for any person to prevent, delay or interfere with access to private property by the City or its representative in the legal performance of any section of this Chapter.
[Ord. No. 1306 §17, 10-17-2016]
Any person, firm or corporation violating any provision or who fails to comply with any notice issued pursuant to the provisions of this Chapter shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment.
[Ord. No. 1306 §18, 10-17-2016]
Persons or firms engaged in the business or occupation of pruning, treating or removing any street tree, park tree or other privately owned tree should be recognized by the International Society of Arboriculture as a certified arborist or certified tree worker. All persons or firms must carry evidence of liability insurance and workmen's compensation. No certification shall be required by any public employee doing such work in the pursuit of their public service endeavors.