Every owner or occupant of any house, building, lot or premises in the city shall keep the shade, ornamental and other trees and hedges in the street, avenue and parking, trimmed so that the branches thereof over all sidewalks and driveways shall not be lower than eight (8) feet from the surface of the said sidewalk or driveway and all limbs overhanging such street, avenue or alley lower than fourteen (14) feet from the surface thereof, and all dead trees in parkings are hereby declared to be public nuisance.
(K.S.A. 12-3201; R.O. 1965, Sec. 11-601)
Whenever any person whose duty it is to keep such trees trimmed or cut as provided for in Section 10-601 thereof, shall fail to do so, the City Clerk shall serve notice or cause to be served upon such person a notice requiring the same to be done forthwith, and if such person or persons shall fail to cause such trees to be trimmed as provided for in Section 10-601 thereof, within ten (10) days after the service of said notice, he shall be guilty of an offense and punished as hereinafter provided; such notices may be served by delivering the same or a copy thereof, to such owner or occupant, or by leaving the same at his usual place of business or abode, and in case such owner is a nonresident of the city, by posting such notice in a conspicuous place upon the lot in front of which such trees may be located.
(K.S.A. 12-3201; R.O. 1965, Sec. 11-602)
In the event of the failure of such owner, occupant or agent to trim or cause such trees to be trimmed, within the time provided by such notice, said trees may be trimmed by the City, and such nuisance abated by and at the expense of the city and the cost thereof taxed against any lot or tract of ground on which said trees front or abut, and such expense shall be levied, certified and collected in the same manner as special assessment for repairing and building sidewalks.
(K.S.A. 12-3201; R.O. 1965, Sec. 11-605)
To prevent the destruction of shade and ornamental trees along the streets of the City, all persons maintaining wires or poles in the City, their agents, servants and employees, are hereby prohibited from cutting or trimming trees upon such streets except with consent and approval of the Governing Body of the City.
(R.O. 1965, Sec. 11-606)
Any person living within the paving district may set out trees in the parking adjacent to his premises provided there shall be no cottonwood, mulberry, box elder, black locust or other undesirable varieties planted. All trees must be set in the middle of the parking.
(R.O. 1965, Sec. 11-603)
It shall be unlawful for any person to willfully injure or destroy any plant, tree or vine, the property of another, standing on or attached to the land of another, to pick destroy or carry away therefrom or in any way interfere with any part of the fruit thereof unless lawfully entitled to do so.
(R.O. 1965, Sec. 11-604)
It shall be unlawful for any owner or person in control of any hedge, or evergreens or shrubbery fence, bordering on any street or sidewalk to permit such hedge fence, evergreen, or shrubbery to grow to a height of more than three and one-half (3) feet, or so as to overhang and obstruct any sidewalk.
(R.O. 1965, Sec. 11-607)
Any person, firm or corporation violating any of the provisions of this Article shall upon conviction thereof, be fined in any sum not exceeding Five Hundred Dollars ($500).
(R.O. 1965, Sec. 11-608)