Trees are herein defined as 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 limits of Mount Hope, Kansas.

(Ord. 93-5-11A, Sec. 1; Ord. 276-2024)

No trees may be planted without written permission of the city council. No trees may be planted less than twenty feet apart.

(Ord. 93-5-11A, Sec. 2; Ord. 276-2024)

The City has the right to plant, prune, maintain and remove trees, plants and shrubs a distance of eight (8) feet horizontally from the back of the curb, or edge of the asphalt, toward the center of the lot. No trees may be planted closer than 14 feet to the curb, sidewalk, or edge of asphalt. No trees or plants shall be planted closer than 10 feet to any fire hydrant or planted in such a manner that the trees or plants will interfere with utilities.

(Ord. 93-5-11A, Sec. 3; Ord. 276-2024)

Property owners shall be responsible for trimming, removing, pruning and maintaining all trees on the property owner’s lot and shall keep all trees, plants and shrubs trimmed a minimum of 10 feet above the sidewalk and not less than 14 feet above the street surface.

(Ord. 93-5-11A, Sec. 4; Ord. 276-2024)

No trees or plants shall be planted closer than 10 feet to any fire hydrant or planted in such a manner that the trees will interfere with any utilities. No trees may be planted under or within 10 lateral feet of any overhead utility wire, or within 4 lateral feet of any underground water line, sewer line, transmission line or other utility. This section does not prohibit the planting of trees by property owners, providing that the selection and location of said trees is in accordance with this article.

(Ord. 93-5-11A, Sec. 5; Ord. 276-2024)

It shall be unlawful as a normal practice for any person, firm or city department to top any trees on public property. Topping is defined as a severe cutting back of limbs to stubs larger than 3 inches in diameter within the tree 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 incorporated may be exempted from this article at the determination of the city council.

(Ord. 93-5-11A, Sec. 6; Ord. 276-2024)

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 view of any street intersection and so that there shall be a clear space of 14 feet above the street.

(Ord. 93-5-11A, Sec. 7; Ord. 276-2024)

All dead or dangerous trees or stumps or broken and decayed limbs which may constitute a menace to the safety of the public, shall be removed by the property owner.

(Ord. 93-5-11A, Sec. 8; Ord. 276-2024)

The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light or interferes with the visibility of any traffic control device or sign.

(Ord. 93-5-11A, Sec. 9; Ord. 276-2024)

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 may constitute a hazard to life or property, or harbor insects or disease which constitutes a potential threat to other trees within the city. Removal shall be done by the property owner at their own expenses within 30 days of the date of service of notice from the city.

(Ord. 93-5-11A, Sec. 10; Ord. 276-2024)

If the property owner shall fail to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owner’s property tax notice.

(Ord. 93-5-11A, Sec. 11; Ord. 276-2024)

All tree stumps within 8 feet of the curb line or the edge of the asphalt shall be removed below the surface of the ground, so that the top of the stump does not project above the surface of the ground. Cost is the responsibility of the property owner.

(Ord. 93-5-11A, Sec. 12; Ord. 276-2024)

It shall be unlawful for any person to prevent, delay or interfere with city personnel while engaging in or about the work authorized by this article.

(Ord. 93-5-11A, Sec. 13; Ord. 276-2024)

It shall be unlawful for any person or firm to engage in the business or occupation of pruning or treating or removing street or park trees within the city without first applying for and obtaining a permit from the city. No permit shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before any permit shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $200,000.00 for bodily injury and $100,000.00 for property damage which indemnifies the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

(Ord. 93-5-11A, Sec. 14; Ord. 276-2024)

Any person may appeal from any ruling or order to the city council who may hear the matter and make a final decision.

(Ord. 93-5-11A, Sec. 15; Ord. 276-2024)

Any person violating any provisions of this article shall be guilty of a misdemeanor and upon conviction or plea of guilty by municipal court shall be subject to a fine of $500.00.

(Ord. 93-5-11A, Sec. 15; Ord. 276-2024)