City of Malden, MO
Dunklin County
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Table of Contents
Table of Contents
[Ord. No. 3120, 4-18-2016]
There is hereby created and established a City Tree Board for the City of Malden, 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 City Council. The Community Forest Manager shall be an ex officio member of the City Tree Board.
[Ord. No. 3120, 4-18-2016]
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 (1) 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-year term.
[Ord. No. 3120, 4-18-2016]
Members of the Tree Board shall serve without compensation.
[Ord. No. 3120, 4-18-2016]
A. 
It shall be the responsibility of the Tree Board to study, investigate, council 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 City Council and upon their acceptance and approval shall constitute the official comprehensive City tree plan for the City of Malden, Missouri.
B. 
The Tree Board, when requested by the City Council, shall consider, investigate, make finding, report, and recommend upon any special matter or question relating to trees.
[Ord. No. 3120, 4-18-2016]
The Tree Board 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. 3120, 4-18-2016]
As used in this Chapter, the following terms shall have the meanings indicated:
COMMUNITY FOREST MANAGER
The official (public employee) representative of the Tree Board and as such is responsible for administration of the community forestry program.
PARK TREES
Trees, shrubs, bushes, and all other woody vegetation in public parks.
PRIVATE COMMUNITY FOREST
All trees within municipal boundaries but not owned by the City.
PUBLIC COMMUNITY FOREST
All street and park trees, and other trees owned by the City as a total resource.
STREET TREES
Trees, shrubs, bushes, and all other woody vegetation on land lying between the property lines on either side of all streets and avenues within the City/village.
[Ord. No. 3120, 4-18-2016]
It is the purpose of this Chapter is to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the City of Malden, Missouri. It is also to manage Malden's community forest in a strong, healthy condition for today and the future of Malden, Missouri.
[Ord. No. 3120, 4-18-2016]
A. 
It is the intent of the City Council of the City of Malden, Missouri, that the terms of this Chapter shall be construed so as to promote:
1. 
The planting, maintenance, restoration and survival of desirable trees, shrubs and other plants within the City. The protection of community residents from personal injury and property damage and the protection of the City of Malden from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants located within the community.
[Ord. No. 3120, 4-18-2016]
The City of Malden, 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 Community Forest Manager to reflect new developments or species that will affect the population of the community forest.
[Ord. No. 3120, 4-18-2016]
A. 
Street trees may be planted in the tree lawn where this is no less than six (6) 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 sidewalk, driveway, or street.
B. 
No street tree shall be planted closer than ten (10) feet from any street corner, measured from the point of the nearest intersection of curbs or curblines.
C. 
No street tree shall be planted closer than ten (10) feet from any fire hydrant/fire plug.
D. 
Special permission must be obtained from the Community Forest Manager 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. 3120, 4-18-2016]
A. 
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, lances, squares, and public grounds as may be necessary to ensure 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.
B. 
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.
C. 
The abutting property owners shall have the right to perform normal tree care on all street trees.
[Ord. No. 3120, 4-18-2016]
No person shall remove any public tree without replacing such tree with a tree or trees of equivalent dollar in the vicinity of the removed tree. The value of trees shall be determined by the Community Forest Manager in accordance with regulations considering the species, location, size and condition of trees adopted by the Tree Board. 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 director of finance and used solely for the purpose of enhancing the community forest.
[Ord. No. 3120, 4-18-2016]
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 Community Forest Manager or Tree Board.
[Ord. No. 3120, 4-18-2016]
Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of eight (8) feet must be obtained over walkways and a clearance of twelve (12) feet must be maintained over streets and alleys. Property owners are responsible for trees on their own property as well as trees on public rights-of-way that abut their property.
[Ord. No. 3120, 4-18-2016]
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 owners of such trees. Removal is the responsibility of the owners of such trees and shall be accomplished within the time limits set by the Community Forest Manager.
[Ord. No. 3120, 4-18-2016]
It shall be unlawful for any person to prevent, delay, or interfere with the Community Forest Manager, the Tree Board or any of its representatives or agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removal of any trees within the public community forest.
[Ord. No. 3120, 4-18-2016]
The Community Forest Manager is hereby charged with the responsibility for the enforcement of this Chapter and may serve public 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. 3120, 4-18-2016]
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. 3120, 4-18-2016]
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 as set forth in Section 100.220 of this Code.
[Ord. No. 3120, 4-18-2016]
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 workers' compensation. No certification shall be required by any public employee doing such work in the pursuit of their public service endeavors.