City of Ellsworth Tree/Shrub Ordinance

(First Published in the Ellsworth County Independent/
Reporter, September 17, 2015)

ORDINANCE NO.    3066

AN ORDINANCE AMENDING TITLE 12, CHAPTER 12.08.080 TREES AND SHRUBS, OF THE CODE
OF THE CITY OF ELLSWORTH, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:
SECTION 1.  That Chapter 12.08.080 of the Code of the City of Ellsworth, Kansas is hereby amended as follows:
12.08.080 Trees and shrubs.
A. Duty to Remove or Trim.  It shall be the duty of every owner or occupant of a lot or tract of land abutting upon any sidewalk, street or other public way of the city to cultivate trees, shrubbery and hedges in such a manner that the same shall not interfere with persons or travel upon or along such street, sidewalk  or other public way.  It shall be the duty of all such persons to cut or trim any such trees so that the branches or limbs thereof shall not extend out over the sidewalks more than nine feet from the surface thereof, or over that portion of any street, avenue or other public way used for vehicles lower than fourteen feet from the surface thereof.  It shall be the further duty of all such persons to trim or cut all shrubbery or hedges so that the branches or limbs thereof shall not extend out over the sidewalk, street or other public way and to maintain the height of such shrubbery and hedges not in excess of three feet, measured from the bottom of the gutter or drain of the adjacent street or other public way.  
SECTION 2. All ordinances and parts of ordinances conflicting with the provisions of this ordinance are hereby expressly repealed.
This ordinance shall take effect and be in full force from and after its passage by the Governing Body of the City of Ellsworth and publication in the official city newspaper.
Passed by the Governing Body of the City of Ellsworth this 14th day of September, 2015.

/s/ John J. Whitmer, Mayor
/s/ City of Ellsworth, Kansas

ATTESTED BY:

/s/ Patti Booher, City Clerk

1t 9/17