Code 13

 

                                             CHAPTER XIII.  PUBLIC PROPERTY

 

 

                                                Article 1.  Public Use Regulations

                                                Article 2.  Street Trees

 

 

                                                      ________________________

 

                                         ARTICLE 1. PUBLIC USE REGULATIONS

 

            13-101.  DEFINITIONS.  As used in this article the term "public grounds" shall include the city building, city park, a city swimming pool and any other public property or grounds not otherwise specifically provided for in other ordinances of the city.  (Code 1971, 12-101)

 

            13-102.  RULES AND REGULATIONS.  The city governing body is authorized to prepare and adopt suitable rules and regulations governing the use of all public grounds of the city and the facilities thereon, which shall be open and available to the general public, except as may otherwise be provided.  Such rules and regulations shall fix the conditions under which said grounds and facilities may be used and the charges (where charges are authorized) to be paid to the city for such purposes.  No exclusive right or privilege to such grounds may be granted permanently to any individual, society or organization of any kind, except that such persons or groups may make reservations for the exclusive use of such grounds and facilities for temporary periods only.  The governing body may, in accordance with sound public policy, grant permission for the grounds or facilities for such purposes as may not be inconsistent with the use for which grounds or facilities were acquired and made available for public use by the city.  (Code 1971, 12-102)

 

            13-103.  CONCESSIONS; CARNIVALS; FAIRS.  The governing body may, on application to the city clerk, grant permission for the use of public grounds of the city for concessions, carnivals, fairs and other like public displays or entertainment.  (Code 1971, 12-103)

 

            13-104.  SWIMMING POOL.  Any swimming pool owned by the city may be leased to private persons for a season, together with any concessions to be operated in connection therewith, as may be provided in such agreement.  (Code 1971, 12-103)

 

            13-105.  UNLAWFUL ACTS.  It shall be unlawful for any person, partnership or corporation, or for any servant or employee thereof, to:

            (a)  Construct or erect any tent or structure on the public grounds of the city or to place or leave any wagon, vehicle or paraphernalia or equipment in or on the grounds of the city without the consent of the governing body or the Chief of Police.

(b)  Deposit or leave any garbage, refuse or waste materials or discard objects of any kind

 on the public grounds of the city except in receptacles provided for the use of picnic groups or parties using the facilities of the parks or grounds, but in any case only during the times of the public use of such grounds.

 

(c)    Glass bottles and glass beverage containers are prohibited from being used or brought

to public grounds of the city.

 

(d)  Injure, deface, remove, displace or destroy or in any way interfere with any public

building, structure, swing, amusement device, monument, hydrant, fountain, swimming pool or other facilities or equipment of any sort or kind located upon any public grounds within the city.  (Code 1971, 12-104:105; Ord. 680, Sec. 1)

 

            13-106.  PARK HOURS.  All city parks located within the city shall be open to the general public for use between the hours of 6 a.m. and 12 midnight.  All city parks shall be closed to the public between the hours of 12 midnight and 6 a.m., however city personnel may enter city parks at any time during the course of their normal work duties, and emergency personnel may enter city parks for purposes of rendering governmental or utility services or repair.  (Ord. 514, Sec. 1(b))

 

 

                                                    ARTICLE 2. STREET TREES

 

            13-201.  DEFINITIONS.  (a)  Street Trees:  "Street Trees" are herein defined as 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 within the city.

            (b)  Park Trees:  "Park Trees" are herein defined as 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.  (Ord. 416, Sec. 1)

 

            13-202.  CREATION AND ESTABLISHMENT OF A CITY TREE BOARD.  There is hereby created and established a city tree board for the City of Hugoton, Kansas, which shall consist of six members, who shall be citizens and residents of this city.  The board members shall be appointed by the mayor, with the approval of the city council.  (Ord. 416, Sec. 2)

 

            13-203.  TERM OF OFFICE.  The normal term of each member of the city tree board shall be for three years.  The term of two of the members appointed to the first tree board, however, shall be for only one year, and the term of two members of the first tree board shall be for only two years.  Thereafter all terms shall be for three years.  In the event a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term.  (Ord. 416, Sec. 3)

 

            13-204.  COMPENSATION.  Members of the tree board shall serve without compensation.  (Ord.  416, Sec. 4)

 

            13-205.  DUTIES AND RESPONSIBILITIES.  (a)  It shall be the responsibility of the city tree board to study, investigate, counsel, develop and/or update annually a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in public parks, public ways, streets and alleys.  Such plans shall be presented annually to the city governing body.  Upon its acceptance and approval, the plan shall constitute the official comprehensive city tree plan for the city.

            (b)  The tree board when requested by the governing body, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.  (Ord. 416, Sec. 5)

 

            13-206.  OPERATION.  The tree board shall choose its own officers, make its own rules and regulations, and shall keep a journal of its proceedings, and shall provide a copy thereof to the city council.  A majority of the members shall constitute a quorum for the transaction of business.  (Ord. 416, Sec. 6)

 

            13-207.  TREES IN STREET PARKING; REGULATIONS.  It shall be unlawful for any person to plant or cultivate any tree, shrubbery, hedge or other plants in the parking of any street, or on land adjacent to any sidewalk or street parking unless the same are trimmed and maintained to prevent obstruction of the passage of vehicles and pedestrians over and along the roadway of any street, avenue or sidewalk of the city, as the case may be.  All trees extending over any portion of a street shall be so trimmed that the branches, or any portion thereof shall not overhang any sidewalk lower than eight feet from the surface thereof, nor lower than 14 feet from the roadway of any street or public way.  It shall be the duty of the owner or occupant of the property adjacent to any parking in which trees are cultivated to remove any dead trees or any dead or decayed limb or branch thereof constituting a hazard to the traveling public.  (Code 1971, 14-314)

 

            13-208.  STREET TREE SPECIES TO BE PLANTED.  Trees listed in Sections 13-208 to 13-210 inclusive shall constitute the official street tree species for Hugoton, Kansas.  No species other than those included in said sections may be planted as street trees without written permission of the city tree board.  (Ord. 416, Sec. 7)

 

            13-209.  SAME; SMALL TREES.

            Flowering Crabapple (sp.)

            Redbud

            Hawthorn (sp.)

            Bradford Pear

            Purple-leaf Plum

            Flowering Peach

            Goldenraintree

            Serviceberry

            Common Apricot

            Paper Mulberry

            Amur Maple

            (Ord. 416, Sec. 7)

 

            13-210.  SAME; MEDIUM TREES.

            Honey Locust (thornless)

            Chinaberry (soapberry)

            Kentucky coffetree

            Red Mulberry (male)

            Goldenraintree

            Osage-Orange (male, thornless)

            Japanese pagoda tree

            Hard (sugar) maples

            Black Cherry

            Pin Oak

            (Ord. 416, Sec. 7)

 

            13-211.  SAME; LARGE TREES.

            Siberian Elm

            Burr Oak

            Hackberry

            London Planetree

            American Sycamore

            Red Oak

            Black Walnut

            Green Ash

            Silver Maple

            Cottonwood (cottonless)

            Basswood

            Pecan

            (Ord. 416, Sec. 7)

 

            13-212.  SPACING.  The spacing of street trees shall be in accordance with the three species size classes listed in sections 13-209 to 13-211, inclusive.  No trees may be planted closer together than the following:  small trees, 20 feet; medium trees, 30 feet; and large trees, 40 feet.  (Ord. 416, Sec. 8)

 

            13-213.  DISTANCE FROM STREET CORNERS AND FIREPLUGS.  No street tree shall be planted closer than 35 feet of any street corner measured from point of nearest intersecting curblines.  No street tree shall be planted closer than 10 feet of any fireplug.  (Ord. 416, Sec. 9)

 

            13-214.  PUBLIC TREE CARE.  The city shall have the right to plant, trim, spray, preserve 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 or order to be removed, any tree or part thereof which is in unsafe condition or 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, or is otherwise diseased.  (Ord. 416, Sec. 10)

 

            13-215.  TRIMMING AND CORNER CLEARANCE.  Every owner of any tree overhanging any street or right-of-way within the city shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection in order to ensure a clear space of eight feet above the surface of the street or right-of-way.  Every such owner 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 trim any tree or shrub on private property when it interferes with visibility of any traffic control device or sign, or visibility of an intersection, such trimming to be confined to the area immediately above the right-of-way.  (Ord. 416, Sec. 11)

 

            13-216.  DISEASED TREES ON PRIVATE PROPERTY.  Whenever any tree or shrub located upon private property is found to be infested with or harbors any disease, insect pest or larvae which may constitute a hazard to other trees or shrubs in the community, the tree board or other competent state or federal authority shall file such information in writing with the city governing body.  Such report shall identify the disease, insect or pest and designate the tree or shrub and its location.  Upon receipt of said report the city clerk is directed to deliver a notice to the chief of police to be served upon the property owner or agent requiring the treatment or removal of said tree or shrub within 30 days after receipt of notice.  If the property is unoccupied and the owner a nonresident, the city clerk shall notify the owner by certified mail at his last known address.  (Ord. 416, Sec. 12)

 

            13-217.  SAME; CITY MAY REMOVE.  In the event the owner shall fail to comply with the requirements of said notice, the city shall proceed to have the designated tree, tree material or shrub treated or removed.  The cost thereof shall be paid by the owner or shall be assessed and charged against the lot or parcel of ground on which the tree, tree material or shrub is located.  Such cost shall be certified to the county clerk to be extended on the tax roll against said lot or parcel of ground as provided by law.  (Ord. 416, Sec. 12)

 

            13-218.  INTERFERENCE WITH CITY TREE BOARD.  It shall be unlawful for any person to prevent, delay or interfere with the city, or with the city tree board, or any of its agents, or servants, while engaging in and about the planting, cultivation, mulching, pruning, spraying, or removing of any street trees or trees on private property as authorized by this article.  (Ord. 416, Sec. 13)

 

            13-219.  REVIEW BY CITY COUNCIL.  The city council 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 city council who may hear the matter and make final decision.  (Ord. 416, Sec. 14)

 

 

 

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