CHAPTER XIII. PUBLIC PROPERTY
Article 1. Public Use
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
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.
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.
bottles and glass beverage containers are prohibited from being used or brought
to public grounds of the city.
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)
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.)
(Ord. 416, Sec. 7)
13-210. SAME; MEDIUM TREES.
Honey Locust (thornless)
Red Mulberry (male)
Osage-Orange (male, thornless)
Japanese pagoda tree
Hard (sugar) maples
(Ord. 416, Sec. 7)
(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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