The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)   Person means any individual, partnership, association of persons or corporation who engage in the business or trade of trimming, removal of and pruning of trees.

(b)   Tree means a woody perennial plant having an upright stem with many branches, and upon maturity being over ten feet in height.

(Ord. 3137, § 1, 11-9-93; Code 2016, Sec. 98-66)

Any person convicted of a violation of any provision of this article shall be guilty of a class B offense.

(Ord. 3137, § 10, 11-9-93; Code 2016, Sec. 98-67)

This article shall not apply to any person working at the person’s own residence or established place of business or to employees of such person working thereon. This article shall not apply to officials or employees of the federal, state, county or city governments engaged in the performance of their official duties, not to any company or corporation with a valid franchise agreement.

(Ord. 3137, § 2, 11-9-93; Code 2016, Sec. 98-68)

No person, partnership, association or corporation shall engage in the business or trade of trimming, removing and pruning of trees within the city without first having obtained a license therefor.

(Ord. 3137, § 3, 11-9-93; 91)

An application for a license for the trimming, removal and pruning of trees shall be obtained from the city clerk. Such application shall meet the following requirements.

(a)   Name, business address and phone number of applicant.

(b)   Filing of certificate of liability insurance.

(c)   Payment of the required license fee.

(Ord. 3137, § 4, 11-9-93; Code 2016, Sec. 98-92)

The city clerk shall collect an annual license fee in an amount established in the city’s fee resolution from applicants.

(Ord. 3137, § 5, 11-9-93; Code 2016, Sec. 98-93)

Each person who makes application for a license or renewal thereof under this article shall furnish a certificate of liability insurance covering the work in which they are engaged and upon the terms and conditions set out in this section. Such certificate of insurance shall show that the applicant is covered by an effective general liability insurance policy issued by a solvent corporation authorized to do business within the state and shall be issued with minimum limits of $500,000.00, indemnifying and holding harmless the city and naming it as an additional insured on such liability policy. Such insurance policy shall not be cancelled or terminated until at least 20 days after a notice of cancellation of such insurance policy is received by the city clerk.

(Ord. 3137, § 6, 11-9-93; Code 2016, Sec. 98-94)

The city clerk may at any time revoke a license or decline to grant a license under the following circumstances:

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

(b)   The licensee or any employee, solicitor, agent or representative of such licensee has made any material misrepresentations for the purpose of defrauding any member of the public.

(Ord. 3137, § 7, 11-9-93; Code 2016, Sec. 98-95)

Licenses issued under this article shall expire on December 31 of the year for which the licenses are issued.

(Ord. 3137, § 9, 11-9-93; Code 2016, Sec. 98-96)