(a)   Tree Trimmer - Any person who trims or removes trees.

(b)   Tree and Shrub Treater -Any person who applies chemicals, either directly by spraying or injecting or otherwise applying to a tree or shrub or directly by applying in the ground for absorption through the root system of a tree or shrub for the purpose of controlling or abating any tree or plant disease, fungus, insect pest, larvae or rodent.

(Ord. 7901, Sec. 16-201)

(a)   License Required: Exceptions. No person shall engage in or carry on the business of tree trimmer and/or tree and shrub treater unless such person has a current license issued pursuant to this article. This section shall not apply to any person working at his or her own residence or established place of business or to regularly employed wage hands of such person working thereon, nor shall it apply to any municipally owned or privately owned utility authorized to trim trees or shrubs as provided in this article.

(b)   Application. Application for a tree trimmer and/or tree and shrub treater license shall be made upon a form provided by the city clerk and in accordance with the application procedures and the license fee required in section 16-202(e) and the requirements of this article. Such application shall disclose all information required to determine approval thereof. The completed application and all documents and fees required to be provided therewith shall be submitted to the city clerk a minimum of one week prior to a regular meeting of the governing body.

(c)   Approval. The city clerk shall examine such application and documents and when all requirements have been provided shall submit such application to the governing body at the next regular meeting for approval or disapproval thereof.

(d)   Issuance. A tree trimmer and/or tree and shrub treater license shall be issued by the city clerk. Such license shall be issued in accordance with the provisions of this article.

(e)   License Fees.

(1)   Tree trimmer - $25 per calendar year.

(2)   Tree and Shrub Treater - $25 per calendar year.

(3)   Tree Trimmer and Tree and Shrub Treater - $50 per calendar year.

(Ord. 7901, Sec. 16-202)

General public liability insurance, which shall include contractor premises and operations and products and completed operations coverages, and Kansas Workman Compensation Insurance shall be maintained in full force and effect during the term for which the license is issued. The minimum amounts of general public liability insurance shall be not less than $100,000 each occurrence for bodily injury and $50;000 each occurrence for property damage. The minimum amount for Kansas Workman Compensation Insurance coverage shall be as required by the Kansas Workman Compensation Law. A certificate of insurance showing evidence of such coverage shall be issued to the city.

(Ord. 7901, Sec. 16-203)

Both sides of every vehicle used by a licensed tree trimmer and/or tree and shrub treater shall be provided with a sign which displays the name of the licensed tree trimmer and/or tree and shrub treater and his or her address, telephone number and the number of the vehicle. Letters and numbers of the sign shall be distinct and a minimum of two inches in height.

(Ord. 7901, Sec. 16-205)

Any tree and shrub treater licensed under the provisions of this article must hold a current license as a pest control operator issued under the laws of the State of Kansas. A tree and shrub treater license issued pursuant to this article shall be automatically revoked if for any reason such state pest control operator license becomes invalid.

(Ord. 7901, Sec. 16-206)

It shall be unlawful for any person licensed under the provisions of this article to use, in the conduct of such business, any method or material which is not suitable for the purpose for which it is employed; or use any method or material without respect to public health, safety and welfare; or to make any material misrepresentation for the purpose of defrauding any member of the public.

(Ord. 7901, Sec. 16-207)

Any person licensed under the provisions of this article shall perform all work in a careful and workmanlike manner so as not to cause injury or damage to trees or property, both public and private.

(Ord. 7901, Sec. 16-208)

It shall be the duty of any person licensed under the provisions of this article to remove from the premises all tree trunks, limbs and debris created from the trimming or removal of any tree. Such trunks, limbs and debris shall be hauled from the premises in a manner as to prevent the spreading of debris during the transportation thereof for disposal.

(Ord. 7901, Sec. 16-209)

Whenever, in the interest of public safety it is necessary for any street, alley or public way in the city to be blocked to facilitate the trimming or removal of trees, the following shall be required:

(a)   Block of such street, alley or public way shall be allowed only during the period when trees or parts thereof will be falling into such street.

(b)   Adequate barricades, cones and other warning devices shall be provided for the block of such street, alley or public way as required by the “Manual of Uniform Traffic Control Devices for the Streets and Highways” as adopted by the U.S. Department of Transportation, Federal Highway Administration.

(c)   Notice shall be given to the fire department and police department of the approximate time such street, alley or public way will be blocked and notice of completion of such blocking shall also be given to the fire department and police department.

(d)   Fallen trees or parts thereof, barricades, cones and other wiring devices shall be immediately removed from the traveled portion of any street, alley or public way and located on the adjacent property until such time as complete removal can be accomplished.

(Ord. 7901, Sec. 16-209)

When written complaints are filed with the city clerk specifying the details of any failure of a licensee to comply with the provisions of this article, the city clerk shall cause an investigation to be made and a written report of such investigation shall be submitted to the governing body for action thereon. If the governing body determines that the violations as stated in such report may be cause for revocation or suspension of such license, the governing body shall set a date for hearing on such revocation or suspension and given notice, in writing, mailed not less than 15 days prior to the date set for such hearing, to the licensee at his or her address as shown by the records of the city. Failure of licensee to receive such notice shall not be a condition preventing the governing body from mailing a final decision on such revocation or suspension.

(Ord. 7901, Sec. 16-211)