Chapter 10 PARKS AND PUBLIC PROPERTY Article 1 PARK AND RECREATION ADVISORY BOARD Article 2 USE OF PARKS AND WATERS Article 3 TREE PLANTING AND CARE

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1 Chapter 10 PARKS AND PUBLIC PROPERTY Article 1 PARK AND RECREATION ADVISORY BOARD Article 2 USE OF PARKS AND WATERS Article 3 TREE PLANTING AND CARE Article 1 PARK AND RECREATION ADVISORY BOARD Section Establishment Section Membership Section Duties Section Vacancies Section Establishment There is hereby created and established a five member Park and Recreation Advisory Board. The Board shall be comprised of residents of the City of Bel Aire, Kansas and shall be appointed by the Governing Body. (Ord. 440) Section Membership The term of the five persons shall be four years except that the initial term of three of the members appointed to the Board pursuant to this Code shall be for only two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. Members of the Board shall serve without compensation. A member shall hold office on the Board until: the end of his or her appointment; the member resigns from the Board; the member fails to attend 3 consecutive meetings; the member moves out of the city; or the Park and Recreation Advisory Board is terminated by the Governing Body. (Ord. 440) Section Duties The Board shall meet at least twice each year and may meet more frequently as the need arises. The Board shall act in an advisory capacity by making recommendations to the Governing Body regarding: enhancements to current parks and their facilities, the need for the expansion of existing parks or additional parks facilities, recreational programs offered by the City of Bel Aire, and the need for expansion of existing or additional recreational programs. The Board shall conduct an annual audit of all parks facilities and make a formal report on the status of parks to the Governing Body. The Board shall actively seek

2 potential outside sources of revenue (subject to the approval of the Governing Body) to enhance parks and recreational facilities or programs. The Board shall act in an advisory capacity by making recommendations to the Governing Body regarding recreational program offered or proposed to be offered by the City of Bel Aire. In this regard, one of the focuses of the Board shall be on historically underserved age groups. The Board, when requested by the Governing Body, shall consider, investigate, make findings, report and recommend upon any special matter of questions coming within the scope of its work. The Board shall choose its own officers, make its own procedural rules and provide the city clerk with copies of the minutes of its proceedings. A majority of the members shall constitute a quorum for the transaction of business. (Ord. 440) Section Vacancies When there is one or more vacancy on the Board, each member of the governing body may submit a recommendation for appointment to the Board. The governing body will vote by ballot for the selection of the person(s) to serve on the Board. Each member of the governing body shall have one vote for each position to be filled. The person(s) that receive the highest number of votes are thereby appointed to the Board. If the votes result in a tie, additional ballots shall be taken until one or more persons receive sufficient votes to be appointed. (Ord. 440) Article 2 USE OF PARKS AND WATERS Section Definitions Section Park Hours Section Vehicle Operation Section Alcohol Consumption Section Prohibited Activities In or Upon Waters Section Prohibited Watercraft Activity Section Permitted Watercraft Activity Section Definitions For the purpose of this Article, the following words and phrases used herein shall have the following meanings: (a) "Other Watercraft" means any of the following with an overall length of less than sixteen (16) feet: commercially constructed inflatable boat with an overall length of at least nine (9) feet, row boat, canoe, paddle boat, sail craft, or other boat of any type which is not powered by electricity or a combustible engine.

3 (b) "Park" means the following public lands located within the corporate limits of the City of Bel Aire, Kansas, to-wit: Alley Park, generally located North of 48th Street North and East of Oliver Street; Bel Aire Park, generally located North of Gunnison Street and West of Woodlawn Street; Bel Aire Recreation Complex, generally located South of 48th Street North and East of Battin Street; Denise Park, generally located South of the intersection of Denise Avenue and Danbury Street; Eagle Lake Park, generally located South of 45th Street North and West of Eagle Lake Drive; Quail Ridge Park, generally located North of Quail Ridge Drive and West of Woodlawn Street; and Willowcreek Park, generally located North of 44th Street North and West of Rushwood Street. (c) "Power boat" means any water craft powered by a combustible engine, including pontoon boat, air boat, hover craft, fishing boat, and personal watercraft, but excluding toy or model boats which are not designed to carry humans or cargo. (d) "Sail craft" means any sail board, wind sail, catamaran or other sail boat. (e) "Personal watercraft" means those watercraft commonly referred to as "jet ski" or "water bike." (Ord.330) Section Park Hours t is unlawful for any person, without prior written authorization by the City Administrator, to enter or remain in any park within Bel Aire, Kansas daily between the hours of 10:30 p.m. and 6:00 a.m. The City Administrator of Bel Aire, Kansas may authorize activity duly organized by a recognized organization in any park within Bel Aire, Kansas between the hours of 10:30 p.m. and 6:00 a.m. (Ord.330) Section Vehicle Operation It is unlawful for any person to operate or park a vehicle in any park within Bel Aire, Kansas except on designated roadways I in designated parking areas, or for park construction or maintenance. For the purpose of this section, vehicle is defined as every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power. (Ord.330) Section Alcohol Consumption It is unlawful for any person within any park within Bel Aire, Kansas to drink or otherwise consume alcoholic liquor as defined by K.S,A and amendments thereto, beer as defined by K.S.A, and amendments thereto, or cereal malt beverages as defined by K.S.A and amendments thereto. (Ord.330) Section Prohibited Activities In or Upon Waters

4 Except when engaged in maintenance or operation activities upon prior written authorization of the city administrator, it is illegal for any person to swim, bathe or wade in any city, state I or federal waters within any park within the corporate limits of the City of Bel Aire, Kansas. It is illegal for any person to go upon any ice which has formed upon any city, state, or federal waters within any park within the corporate limits of the City of Bel Aire, Kansas. (Ord.334) Section Prohibited Watercraft Activity Except when engaged in maintenance or operation activities upon prior written authorization of the city administrator, it is illegal for any person to place, dock, operate, or attempt to operate any electrically powered boat or power boat in or upon any city, state, or federal waters within the corporate limits of the City of Bel Aire, Kansas. (Ord. 330) Section Permitted Watercraft Activity "Other Watercraft," as defined herein, may be placed, docked pursuant to a permit issued by the City of Bel Aire, Kansas in compliance with rules and regulations hereinafter adopted and operated in and upon city, state or federal waters within the corporate limits of the City of Bel Aire, Kansas. However, all federal and state regulations pertaining to boats, boat equipment, boating activities, safety and safety equipment or any other watercraft or watercraft equipment shall apply to all such watercraft activities and watercraft operating in and upon city, state I or federal waters within the corporate limits of the City of Bel Aire, Kansas and shall be incorporated herein and made a part hereof by reference. (Ord. 330) Article 3 TREE PLANTING AND CARE Section Purpose Section Establishment of a Tree Board Section Definitions Section Street Trees Section Trimming Required Section Minimum Height Section Distance from Light Poles and Fire Hydrants Section Notice to Cut Section Abatement

5 Section Section Section Section Section Section Section Section Section Section Section Section Assessment of Costs Collection of Costs Street Tree Spacing Sight Triangle Utilities Public Tree Care Tree Topping Corner Clearance Tree Protection Inspection Penalty Review Section Purpose This Article is in recognition of the value of trees to a community. Trees add beauty and character to a city, encourage the presence of birds, provide shade, reduce the velocity of winds, help prevent soil erosion and add to the world s supply of oxygen. This Article is established to promote trees in the city and to provide guidance, through education and technical assistance, in the planting, growing and maintenance of trees. The purpose of this Article is to: promote the planting and maintenance of trees in the city; provide for the care of trees on public property; and allow for the trimming or removal of trees for public safety or to avoid damage to public utilities. (Ord. 257) Section Establishment of a Tree Board (a) There is hereby created and established a seven member Tree Board. The Board shall be comprised of residents of the City of Bel Aire, Kansas and shall be appointed by the Governing Body. (b) The term of the seven persons shall be four years except that the initial term of one of the two new members appointed to the Board pursuant to this Article shall be for only three years and the initial term of the other new member appointed to the Board pursuant to this Article shall be for only one year to concur with the staggered appointment terms of the existing five members of the Board. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. (c) Members of the Board shall serve without compensation. (d) The Board shall prepare, administer and annually update a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and

6 shrubs in parks and in other public areas. Such plan shall be presented annually to the Governing Body for approval. Said plan shall constitute the official City tree plan. (e) The Board, when requested by the Governing Body, shall consider, investigate, make findings, report and recommend upon any special matter of questions coming within the scope of its work. (f) The Board shall choose its own officers, make its own procedural rules and provide the city clerk with copies of the minutes of its proceedings. A majority of the members shall constitute a quorum for the transaction of business. (g) A member shall hold office on the board until: the end of his or her appointment; the member resigns from the Board; the member fails to attend 3 consecutive meetings; the member moves out of the city; or the Tree Board is terminated by the governing body. (h) When there is one or more vacancy on the Board, each member of the governing body may submit a recommendation for appointment to the board. The governing body will vote by ballot for the selection of the person(s) to serve on the Board. Each member of the governing body shall have one vote for each position to be filled. The person(s) that receive the highest number of votes are thereby appointed to the Board. If the votes result in a tie, additional ballots shall be taken until one or more persons receive sufficient votes to be appointed. (I) The Board may make recommendations to the City Administrator regarding the trimming or removal of trees for public safety or to protect public utilities. (j) The Board may provide for training and/or information to be available regarding the planting and care of trees. (Ord. 305) Section Definitions (a) Park Trees are defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the City, or to which the public has free access as a park. (b) Sight Triangle is an area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2-1/2 feet and 8 feet above the grades. Such Sight Triangle shall have sides which are measured from the center of the lot line intersection and a third side, across the lot, that joins the ends of the other two sides. Where the lot lines at intersections have rounded corners, the said lot line will be extended in a straight line to a point of intersection. In all residentially zoned districts, the two sides forming the lot

7 line intersection shall be a minimum distance of 30 feet and in all other zoning districts such distance shall be 20 feet. (c) Street Trees are defined as trees, shrubs, bushes and all other woody vegetation with a mature height in excess of 18 inches on land lying between property lines on either side of all streets, avenues or ways within the city. (d) Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree s crown to such a degree so as to remove the normal canopy and disfigure the tree. (Ord. 257) Section Street Trees A list of preferred and recommended street trees species, which shall consist of small, medium and large trees, shall be established from time to time by the Board, and a copy of the current list shall be maintained in the city offices and copies of the list shall be provided to persons requesting the same. (Ord. 257) Section Trimming Required The owner or occupant of any premises abutting on any street, avenue or alley in the City shall cut, trim or remove, in accordance with the provisions of this Article, all trees and shrubbery growing in the City which may constitute any hazard or any sight obstruction to any vehicular or pedestrian traffic upon the streets and sidewalks. (Ord. 257) Section Minimum Height The limbs of trees or shrubbery abutting on any street, avenue or ally in the City shall be trimmed or cut so that the same shall not be less than eight (8) feet above the sidewalks and not less than twelve (12) feet above the streets or avenues over which they hang. (Ord. 257) Section Distance from Light Poles and Fire Hydrants All trees and shrubbery which are greater than 18 inches in height are prohibited within ten (10) feet of street lighting poles or within five (5) feet of fire hydrants. (Ord. 257) Section Notice to Cut Notice to cut any trees, boughs, shrubbery or limbs to conform to the provisions of this Article shall be served by mailing a copy of the notice by certified mail, return receipt requested, to the owner of the abutting premises. (Ord. 257)

8 Section Abatement

9 If such owner shall not within thirty (30) days after said notice cause such obstructing trees, boughs, shrubbery or limbs to be removed as provided in accordance with the provisions of this Article, then the City shall remove them. Proper pruning season will be taken into consideration. This section, however, shall not be construed as waiving the rights of the City to prosecute under the provisions of this Article. (Ord. 257) Section Assessment of Costs The costs of abatement of any condition prohibited by this Article shall be assessed and charged against the lot or parcel of property on which the condition existed. (Ord. 257) Section Collection of Costs The City Clerk shall, in writing, inform the owner said property of the costs of abatement and request payment of the same. Should the costs of abatement remain unpaid, the City Clerk shall, at the time of certifying other City taxes to the County Clerk, certify the costs of abatement of any condition prohibited by this Article; and the County Clerk shall extend the same on the tax roll of the County against the property upon which such condition existed. Such costs shall be collected by the County Treasurer and paid to the City as other city taxes are collected and paid. (Ord. 257) Section Street Tree Spacing (a) To promote the healthy growth of trees, the city encourages the new planting of Street Trees so that the spacing between trees shall be in accordance with the size of the trees to be planted. The spacing of new street trees is approximately 30 feet between small trees, approximately 40 feet between medium trees and approximately 50 feet between large trees. (b) The distance trees may be planted from curbs or curblines and sidewalks shall be in accordance with the size classes in the list of Street Trees provided for in Section , and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet. Exceptions can be granted by the City Administrator or Board. (Ord. 257) Section Sight Triangle No street trees shall be planted within the sight triangle of an intersection as defined in Section (Ord. 257) Section Utilities

10 No street trees other than those species listed as small trees in the list of Street Trees provided for in Section may be planted under or within (ten) 10 lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground municipal water line, sewer line, transmission line or other public utility. The City, a utility company, or their designee shall have the right to prune any tree or shrub on private property when it obstructs the view of drivers to observe traffic, traffic control devices, or signs, or interferes with the operation or maintenance of a utility. (Ord. 257) Section Public Tree Care (a) The City shall have the right to plant, prune, maintain and remove trees, plants, shrubs and tree stumps, within the right-of-way of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to avoid damage to public utilities. (Ord. 257) Section Tree Topping It shall be unlawful for any person or firm to top any street tree, park tree or any other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions, where other pruning practices are impractical, may be exempted from this Article by determination of the Board. (Ord. 257) Section Corner Clearance Every owner of premises or other property with any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall have a clear space of eight (8) feet above the surface of the sidewalk and twelve (12) feet above the surface of the street. The owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. It shall be unlawful to permit any hedge or shrub to grow over any sidewalk, street or alley, unless the height limitations as set out above are met. (Ord. 257) Section Tree Protection (a) It shall be unlawful for any person to attach wire, rope, chain, sign or any other material to any tree on any public street, alley or public property; except when used as a preservation practice. (b) The City Administrator or Board may exempt certain trees on any street, alley or public property from protection and have them removed when in the way of public improvements. (Ord. 257) Section Inspection

11 The Board or a duly authorized agent of the City may inspect the work of all commercial, private or contracting arborists performing tree pruning on public property to insure that proper pruning practices are being followed. Inspections shall be random and without notice. Arborists found in violation of proper pruning practices shall be notified verbally and in writing by the City by certified mail, return receipt requested. Such violations shall be corrected if possible and future pruning shall comply with approved practices. (Ord. 257) Section Penalty A complaint may be filed in the Municipal Court of Bel Aire, Kansas against any person or commercial, private or contracting arborists found to be in violation of the provisions of this Article, provided that the person or arborist shall first have been notified by being mailed a copy of a written notice by certified mail, return receipt requested. The notice shall: (1) state the condition which has caused the violation of this Article; (2) provide the person in violation 30 days from date of deliverance of the notice to alleviate the hazardous or harboring condition; and (3) state that failure to alleviate the condition or to request a hearing may result in prosecution and/or abatement of the condition by the City with the cost assessed against the property. Upon such complaint in the municipal court, any person or commercial, private or contracting arborists found to be in violation of the provisions of this Article shall upon conviction be punished by a fine of not less than $50.00 or more than $ (Ord. 257) Section Review The City Administrator shall have the right to review the conduct, acts, and decisions of the Tree Board. Appeal of any decisions may be taken to the Governing Body. (Ord. 257)