(a)   Street trees are trees, shrubs, bushes, and all other woody vegetation on land lying between the traveled or improved roadway and the property lines abutting the street right-of-way.

(b)   Park trees are trees, shrubs, bushes, and all other woody vegetation in public parks and all areas owned by the city or to which the public has free access as a park.

(Ord. 1511, Sec. 1)

There is hereby created and established a city tree board which shall consist of five members, residents or business persons of the city, who shall be appointed by the mayor with the approval of the council.

(Ord. 1511, Sec. 2)

Of the first appointments to the city tree board, two members shall serve for one year, two members shall serve for two years and one member shall serve for three years. All subsequent appointments shall be for three years. In the event that a vacancy occurs, a successor shall be appointed for the unexpired portion of the term.

(Ord. 1511, Sec. 3)

Members of the board shall serve without compensation.

(Ord. 1511, Sec. 4)

It shall be the responsibility of the board to study, develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the governing body and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city.

The board when requested by the governing body shall report and recommend upon any special matter coming within the scope of its work.

(Ord. 1511, Sec. 5)

The 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. 1511, Sec. 6)

The following list constitutes the official street tree species for Council Grove. No species other than those included in this list may be planted as street trees without written permission of the city tree board.

No street trees may be planted closer together than: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet.

(Ord. 1511, Sec. 8)

No trees may be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and large trees, 4 feet.

(Ord. 1511, Sec. 9)

No street tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fireplug.

(Ord. 1511, Sec. 10)

No street trees other than those species listed as small trees in section 12-307 may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.

(Ord. 1511, Sec. 11)

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of such public grounds. The city tree board may remove or cause to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements or is affected with any injurious fungus, insect or other pest.

(Ord. 1511, Sec. 12)

Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. 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. 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 article at the determination of the city tree board.

(Ord. 1511, Sec. 13)

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 feet above the surface of the street or right-of-way. 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.

(Ord. 1511, Sec. 14)

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 tree board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 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 removal on the owners property tax notice.

(Ord. 1511, Sec. 14)

It shall be unlawful for the owner or occupant of any lots abutting upon any street, avenue, alley or public way in the city to plant, grow or keep any trees, shrubbery or hedge on any such property or upon the parking adjacent thereto in a manner which interferes with public travel, public safety or use of the streets and public ways or which constitutes a menace or danger to any person using the sidewalks or traveling upon the streets or public ways by vehicle. If any tree in the parking be cut down, it shall be the duty of the person doing such work to take out the entire tree to the level of the natural grade. All such work shall be subject to the approval of the street superintendent. Any person trimming any tree, hedge or shrubbery in the parking shall not unreasonably damage or injure such tree, hedge or shrubbery and shall remove all debris from the parking.

(Ord. 1477, Sec. 4)

It shall be unlawful for any person to prevent, delay or interfere with the City of Council Grove or for any of its authorized agents while engaging in the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds.

(Ord. 1511, Sec. 16; Ord. 2201; Code 2019))

It shall be unlawful for any person or firm to engage in the business or occupation of trimming, pruning, treating or removing street or park trees within the city without first applying for and procuring a license, or meeting the requirements of a certified arborist as required by the Kansas Arborist Association for the current year. The license fee shall be $25.00 annually in advance. No license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $100,000 for bodily injury and $50,000 property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

(Ord. 1511, Sec. 17)

The governing body shall have the right to review the conduct, acts and decisions of the city tree board. Any person may appeal from any ruling or order of the city tree board to the governing body who may hear the matter and make the final decision.

The City Administrator, City Building Inspector and Deputy Building Inspector shall have the authority, either in the absence of an acting City Tree Board or in conjunction with an acting City Tree Board, to enforce the provisions of this article.

(Ord. 2201; Code 2019)