Chapter 5.165
TREE, SHRUB AND VINE SERVICES
Sections:
Article I. Generally
5.165.010 Name and address to be displayed on vehicles and equipment.
5.165.020 Rules and regulations.
Article II. License
5.165.030 Required.
5.165.040 Application.
5.165.050 Examination of applicant.
5.165.060 Approval.
5.165.070 Insurance requirement.
5.165.080 Contents.
5.165.090 Fee.
5.165.100 Revocation – Appeal.
Cross References: Solid waste, Chapter 8.25 TMC; property maintenance, TMC Title 8, Division 3; nuisances, Chapter 8.65 TMC; forestry, Chapter 12.65 TMC.
State Law References: Trees and shrubbery, K.S.A. 12-3201 et seq.
Article I. Generally
5.165.010 Name and address to be displayed on vehicles and equipment.
All automobiles, trucks, trailers or other vehicles operated by any licensee for the transportation of the equipment used by a licensee in the business of planting, cutting, trimming, pruning, removing, spraying or otherwise treating trees, shrubs or vines or applying herbicides, weedicides, insecticides, fungicides, soil conditioners or fertilizers within the city, and all self-propelled, drawn or tow equipment used by any licensee in such business, shall have the name and address of such licensee displayed on both sides thereof in plain and legible figures and letters not less than three inches in height, which shall be kept in such condition as to permit such letters and figures to be readily distinguished and read at a distance of at least 60 feet, and it shall be unlawful and grounds for revocation of the license for any licensee to operate any such vehicle or cause any such equipment to be operated or drawn or towed upon the streets, alleys or any public ways or places within the city unless or without the same being so displayed thereon. (Code 1981 § 45-76. Code 1995 § 150-96.)
5.165.020 Rules and regulations.
The city forester may adopt reasonable rules and regulations governing those aspects of the conduct of the business licensed in this chapter, and of any and all parts thereof, directly affecting the public health and safety and requiring the use of such safety appliances, apparatus and equipment as are reasonably necessary for the protection of the workers engaged therein, the public, and public and private property, and it shall be unlawful for any licensee under this chapter to violate or fail, neglect or refuse to comply with any such rules or regulations. Such rules and regulations shall be approved as to content by the city attorney or a designate before the rules are put into effect and shall be effective when filed with the city clerk. (Code 1981 § 45-77. Code 1995 § 150-97.)
Cross References: City clerk, TMC 2.25.110; city attorney, TMC 2.25.120; city forester, Chapter 12.65 TMC.
Article II. License
Cross References: City clerk, TMC 2.25.110; license fee for tree, shrub, and vine services, TMC 5.10.280.
5.165.030 Required.
It shall be unlawful for any person to engage in the business within the city of planting, cutting, trimming, pruning, removing, spraying or otherwise treating trees, shrubs or vines or applying herbicides, weedicides, insecticides, fungicides, soil conditioners or fertilizers by spraying or disseminating any such material by any device other than by hand tools, not actuated in whole or in part by compressed air, gas, water or mechanical means or source, without first procuring a license therefor from the city clerk as provided in this article. (Code 1981 § 45-89. Code 1995 § 150-136.)
5.165.040 Application.
In addition to the requirements of the rules and regulations of the division of forestry, the application for every license to engage in the business regulated by this chapter shall specify the types, classifications or kinds of services constituting all or any part of such business which the applicant desires to perform or render if the license is issued and for the performance and rendition whereof the applicant desires to be licensed. (Code 1981 § 45-90. Code 1995 § 150-137.)
5.165.050 Examination of applicant.
Before any license shall be issued under this article, the application therefor shall be submitted by the city clerk to the city forester, who shall thereupon examine the applicant for such license, either orally or in writing or partly orally and partly in writing, as the city forester deems proper, covering the applicant’s qualifications and competency to engage in the types, classifications or kinds of service for the performance and rendition whereof the application discloses that the applicant desires to be licensed, and who shall require such demonstration of actual practical ability and competence or the furnishing of such evidence of previous satisfactory experience as the city forester deems proper. (Code 1981 § 45-91. Code 1995 § 150-138.)
Cross References: City forester, Chapter 12.65 TMC.
5.165.060 Approval.
(a) The city forester shall return to the city clerk the application with endorsement of approval for the issuance of a license under this article as to any and all of such types, classifications or kinds of service as the city forester shall be satisfied from such examination and such demonstration of practical ability and competence or evidence as to previous satisfactory experience the applicant is qualified and competent to perform, and with endorsement accompanied by a written explanation thereof or disapproval as to all other such types, classifications or kinds of service, if any.
(b) No license under this article shall be issued to any applicant therefor for any type, classification or kind of service constituting all or any parts of such business in which such applicant is not qualified and competent to engage, nor for which such applicant has not complied with state law in relation to such business. The city clerk shall accept the endorsement of approval or disapproval of the city forester as to the qualifications and competency of any applicant and shall issue or refuse to issue such license in accordance with such endorsement. (Code 1981 § 45-92. Code 1995 § 150-139.)
Cross References: City forester, Chapter 12.65 TMC.
5.165.070 Insurance requirement.
No license under this article shall be effective and no such license shall be issued until the applicant or licensee shall present to the city clerk a satisfactory public liability insurance policy covering all operations of such applicant or licensee in such business in the city in the sum of at least $100,000 for each person injured and containing a limitation of liability of not less than $200,000 in case of injury of two or more persons in any one accident and in the sum of not less than $50,000 for damage to property. Such policy may be written to allow the first $500.00 of liability for damage to property to be deductible. Should any policy be cancelled, the city shall be notified of such cancellation within 10 days after such cancellation is effective, and provisions to that effect placing upon the company writing such policy the duty to give such notice shall be incorporated in such policy. If any such insurance policy at any time fails, in the opinion of the city forester, to comply with the provisions of this section or to afford reasonably satisfactory protection to the persons intended to be protected thereby, he/she shall in writing so notify the licensee and the city clerk, and failure to maintain the insurance required by this section shall be grounds for revocation of any such license or, in the discretion of the city forester, for the suspension thereof until the insurance required by this section is so furnished, and it shall be unlawful for any person to engage in business while the license to do so is for any reason suspended or after such license is for any reason revoked. (Ord. 17690 § 1, 6-12-01; Code 1981 § 45-93. Code 1995 § 150-140.)
Cross References: City forester, Chapter 12.65 TMC.
5.165.080 Contents.
(a) Every license shall show upon its face, in addition to the requirements made by the rules and regulations of the city forester, the types, classifications or kinds of service constituting all or any part of such business in which the licensee therein named is thereby licensed and authorized to render and perform.
(b) The issuance of a license under this article shall entitle and authorize the licensee therein named to engage in only such types, classifications or kinds of service constituting all or any part of such business as shall be designated or shown upon the face of such license and it shall be unlawful and grounds for revocation of such license for the licensee to engage in any other or different type, classification or kind of service constituting all or any part of such business. (Code 1981 § 45-95. Code 1995 § 150-141.)
Cross References: City forester, Chapter 12.65 TMC.
5.165.090 Fee.
The license fee under this article is prescribed in TMC 5.10.280. (Code 1981 § 45-94. Code 1995 § 150-142.)
5.165.100 Revocation – Appeal.
(a) The city forester shall have the power to revoke the license of any person licensed under this article for violation of the rules and regulations of this chapter or for breach of any other ordinances of the city.
(b) Any applicant for a license or any person who has had a license revoked under this article may appeal the decision of the city forester to the city council by filing an appeal with the city clerk within 10 days after receiving notification of the adverse decision. (Code 1981 § 45-96. Code 1995 § 150-143.)
Cross References: City council – mayor, Chapter 2.15 TMC; city forester, Chapter 12.65 TMC.