Chapter 5 · Business Regulations

Article 3. Tree Trimming and Removal

Sections 5-301 to 5-309 · 9 sections

5-301 Definitions.

For the purpose of this article, the following words shall be considered to have the following meanings:

(a)Person: Any individual, partnership, association of persons or corporation who engages in the business or trade of trimming or removal of trees, shrubs, or treating trees or shrubs for the control of pests.

(b)Pests: Any fungus, insect, or rodent which by its presence in or on a tree or shrub, may damage or destroy said tree or shrub.

(Code 2014; 13-311)

5-302 License required.

(a)No person shall engage in the business or trade of trimming trees or shrubs or treating trees or shrubs for the control of pests within the city without having first obtained a license therefore.

(b)A written application for license for the trimming or removal of trees or shrubs or treating of trees or shrubs shall be filed with the city clerk. Said application shall contain the following:

(1)Name, business address, and phone number of applicant;

(2)Description of the extent of work intended to be licensed;

(3)Compliance with the laws of the State of Kansas relating to pest control operations where applicable;

(4)Filing of required certificate of liability insurance; and

(5)Payment of the required license fee of Twenty-Five Dollars ($25.00) for the trimming and/or treating of trees and shrubs.

(Code 2014; 13-312)

5-303 Approval of license application.

(a)Licenses required by this article shall be issued by the city clerk only after the application therefore has been made in accordance with the provisions hereof.

(b)Said license shall show upon its face the types of service in which the licensee therein named is licensed and authorized to render and perform.

(Code 2014; 13-313)

5-304 Insurance.

Each person who makes application for a license or renewal thereof under this article shall furnish an acceptable certificate of Liability Insurance covering the work in which they are engaged, and upon the terms and conditions herein set out. Said certificate of insurance shall that the applicant is covered by a liability insurance policy issued by a corporation authorized to do business within the State of Kansas within minimum limits of $1,000,000 liability limit for bodily injury from any one accident occurrence and $500,000 property damage insurance. Said policy shall not contain any deductible provision for more than $250. Said insurance policy shall not be cancelled or terminated until at least 10 days after a notice of cancellation of the insurance policy is received by the City Clerk from the applicant.

(Code 2014; 13-314)

5-305 Refusal to grant or revocation of license.

The city commission may at any time revoke a license under the following circumstances:

(a)Said license shall fail to furnish an acceptable written certificate of liability insurance within twenty (20) days from the date notice is received from the city that the insurance policy previously furnished by said licensee is to be cancelled or terminated.

(b)The licensee or any employee, solicitor, agent, or representative of said license has made any material misrepresentation for the purpose of defrauding the city or any member of the public.

(c)The licensee or any employee, solicitor, agent, or representative of said licensee has used any method or material which is not suitable for the purpose for which it is employed or provided or has used any method or material without due respect to public health, safety, and welfare in the treatment and trimming of trees and shrubs.

Revocation of a licensee shall be affected by mailing written notice to the licensee at his last known address not less than ten (10) days prior to the date set for revocation of said license.

(Code 2014; 13-315)

5-306 Hearing.

Within five (5) days after refusal to grant a license or within five (5) days prior to date of revocation of license, the aggrieved party may request a hearing before the city commission. Such a request shall be in writing and mailed to the city clerk. Upon receipt of the written request the commission shall hear the matter at its next regularly scheduled meeting.

(Code 2014; 13-316)

5-307 Expiration of license.

Licenses issued under this article shall expire on the thirty-first (31st) day of December of the year from which the same are issued and shall not be prorated when purchased or upon termination.

(Code 2014; 13-317)

5-308 Transferability of license.

A license granted hereunder shall not be transferable. When there is a change in the business status of the licensee, the successor shall have thirty (30) days within which to obtain a license as provided by the terms and conditions of this article; provided, that in the event of the death of an individual, his heirs or representatives shall be allowed sixty (60) days within which to obtain a license and such additional time as may be granted by the city clerk for cause within his or her discretion.

(Code 2014; 13-318)

5-309 Penalty.

Any person, firm or corporation violating this article shall be deemed guilty of a municipal offense and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the city jail for five (5) days or by both such fine and imprisonment. Each day shall constitute a separate offense.

(Code 2014; 13-319)