(a)   Street Trees — Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.

(b)   Park and Tree Board — means the Park and Tree Board to the governing body of the City of Maize, Kansas, that was created at Section 1-901 of the Code of the City of Maize, Kansas.

(c)   Park Trees — Trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

(d)   City Trees — Trees, shrubs, bushes and all other woody vegetation located on city-owned property that is not a park and is not a street right-of-way.

(e)   Tree Size — Large trees are herein defined as those attaining height of 40 feet or more. Medium trees are defined as those attaining a height of 20 feet to 40 feet. Small trees are defined as those attaining a normal maximum height of 20 feet.

(f)    City — the City of Maize, Kansas.

(g)   City Administrator — The City Administrator of the City of Maize, Kansas.

(Ord. 832)

It shall be the responsibility of the Park and Tree Board to study, investigate, counsel, develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of Street Trees, Park Trees, and City Trees. A tree inventory prepared by the Sedgwick County Extension Agency shall serve as the guide for removal or disposition of trees.

Such a plan will be presented annually to the governing body for their approval.

It shall be the duty of the Park and Tree Board to promote the education and awareness of the citizens in the area of tree lore. The Park and Tree Board, at its discretion, shall work independently and/or with whatever educational organizations it deems appropriate for the purpose of assisting the dissemination of information on tree planting, tree problems, tree care and maintenance, and its long range plans and vision for the local city forest.

The Park and Tree Board will be available for consultation to any private citizen with regard to any aspect that might affect the city forest.

In its activities and duties related to Street Trees and Park Trees, the Park and Tree Board shall endeavor to cooperate and consult with other organizations within the City which may at times have an interest in matters pertaining to the city forest.

The Park and Tree Board, when requested by the City Administrator, shall consider, investigate, make finding report and recommend to the governing body upon any special matter of questions coming within the scope of its work.

(Ord. 832)

The Park and Tree Board shall maintain a list of recommended trees for planting in public areas. This list shall be available to residents of the City upon request to aid in the selection of trees for private properties. The list of recommended trees shall be updated periodically to reflect new developments or species that will affect the population of the community forest.

(Ord. 832)

No Street Tree shall be planted in the street right-of-way closer than 35 feet to any intersection of the street with any other street, alley, avenue, lane, private or public driveway measured from the point of nearest intersecting curbs or curb lines.

(Ord. 832)

Only small trees, as defined in section 13-301(3) may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any sewer line, transmission line or other utility or public improvements.

(Ord. 832)

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 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 sewers, electric power lines, gas lines, or other utility or public improvements, or is affected with any injurious fungus, insect or other pest.

(Ord. 832)

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 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. 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.

(Ord. 832)

Every property owner of every house, building lot or premises in the City shall keep the trees situated on such property and in the parking abutting such property trimmed so that the branches over all public right-of-way, alleys, sidewalks and driveways shall not be lower than 12 feet from the surface of such right-of-way, alley, sidewalk or driveway, and that such hedges shall not be higher than three feet, so as to constitute a traffic hazard.

(Ord. 832)

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.

(Ord. 832)

Whenever any property owner of record whose duty it is to keep any shrubs, hedges or trees trimmed or cut as provided for in this article shall fail to do so, the City Clerk shall notify in writing the property owners of record requiring the same to be done forthwith. Removal shall be done by the property owners at their own expense within 30 days after the date of service of notice. In the event of failure to comply within the time provided by the notice, such shrubs, hedges or trees may be trimmed by the city at a minimum hourly cost of $100 per hour to be charged to the property owner. The owner named in the notice will be given an opportunity to pay the assessment. If the charge remains unpaid after 30 days from the billing date, the actual charges will be certified by the City Clerk to the county clerk and collected as other general property taxes are collected.

(Ord. 832)

It shall be unlawful for any person to prevent, delay or interfere with the City or any of its representatives or agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any tree within the community forest, as authorized by this article.

(Ord. 832)

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 filing with the City Clerk evidence of liability insurance in the minimum amounts of $500,000 for bodily injury and $500,000 for property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

(Ord. 832)

The governing body shall have the right to review the conduct, acts and decisions of the Park and Tree Board.

Any person may appeal from any ruling or order of the City to the governing body who may hear the matter and make final decisions.

(Ord. 832)

Any person violating any provision of this article shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $500.

(Ord. 832)