A.

The selling or vending of goods, wares, merchandise, animals, birds, food or food products, drinks, candy, confections, ice drinks, or any other merchandise, goods or materials, including ice cream, is prohibited within the boundaries or confines of, or upon the streets adjacent to or running through any park area owned, operated or under the jurisdiction of the City of Kearney, except that, the City Park and Recreation Director may authorize community-oriented, nonprofit organizations, local service clubs and similar organizations to operate concessions, or have vendors within the parks or public areas special events under such controls the Director may require including appropriate insurance coverage and a facility request form. The Director, at his/her discretion, may require that the request be submitted to the Advisory Board of Park and Recreation Commissioners and then to City Council for consideration.

B.

All requests for operation of concessions and conducting exhibits, lectures, and entertainments shall be requested to the City Park and Recreation Director, using the appropriate facility request forms, for consideration. The Director, at his/her discretion, may require that the request be submitted to the Advisory Board of Park and Recreation Commissioners and then to the Council for consideration.

(Ord. No. 3852, §1, 2, 6-10-86; Code 1980, 26-1; Ord. No. 7903, 6-10-2014; Ord. No. 8117, 11-8-2016)

A.

The selling of programmed services is prohibited within the boundaries or confines of any non-rentable park areas owned, operated, or under the jurisdiction of the City of Kearney, except the Director of Park and Recreation may authorize community-oriented, nonprofit or for profit operations, local service clubs and similar organizations to conduct programmed services provided the service is within non-rentable park area and is under such controls the Director may require including appropriate insurance coverage and a facility request form, which includes a hold harmless agreement. The Director, at his/her discretion, may require that the request be submitted to the Advisory Board of Park and Recreation Commissioners and then to City Council for consideration. Some essential requirements for programmed services in a non-rentable park area include:

1.

The service provided does not significantly block or limit public use.

2.

The service provided does not require extra maintenance and upkeep by City personnel.

3.

The service provided does not harm City facilities or grounds.

4.

The service provided does not create a liability issue.

B.

The selling of programmed services is prohibited within the boundaries or confines of the following rentable park areas that are owned, operated, and under the jurisdiction of the City of Kearney: trails, shelters and buildings. However, the Director of Park and Recreation may authorize community-oriented, nonprofit or for profit operations, local service clubs and similar organizations to conduct programmed services provided the service is within the rentable park facility under such controls the Director may require including appropriate insurance coverage and a facility request form, which includes a hold harmless agreement. A rental fee associated with the facility requested will apply. The Director, at his/her discretion, may require that the request be submitted to the Advisory Board of Park and Recreation Commissioners and then to City Council for consideration.

C.

The selling of programmed services is prohibited within the boundaries or confines of the following rentable park areas that are owned, operated, and under the jurisdiction of the City of Kearney: ballfields, tennis courts, inline hockey rink, and other athletic facilities. However, the Director of Park and Recreation may authorize community-oriented, nonprofit or for profit operations, local service clubs and similar organizations to conduct programmed services within the rentable park facility under such controls the Director may require including:

1.

Appropriate insurance coverage and a facility request form.

2.

Rental fee.

3.

Written approval from the applicable athletic association/organization (i.e., Kearney Little League Baseball, KPR Softball, Kearney Tennis Association, etc.).

The Director, at his/her discretion, may require that the request be submitted to the Advisory Board of Park and Recreation Commissioners and then to City Council for consideration.

(Ord. No. 8117, 11-8-2016)

For the purpose of this Article, wherever the word "Board" appears it shall be construed to mean the "Advisory Board of Park and Recreation Commissioners" of the City.

(Code 1958, 2.13; Code 1980, 26-16)

There is hereby created an Advisory Board of Park and Recreation Commissioners in and for the City.

(Code 1958, 2.14; Code 1980, 26-17)

The Board shall be composed of five (5) resident freeholders in the City and two (2) residents of Buffalo County as appointed by the Buffalo County Board of Commissioners.

(Code 1958, 2.14; Code 1980, 26-18; Ord. No. 5407, 4-14-92; Ord. No. 6953, 4-22-2003; Ord. No. 7670, 9-13-2011; Ord. No. 8569, § 1, 4-26-2022)

Five (5) members of the Board shall be appointed by the Mayor/President, subject to the approval of the Council. Two (2) members of the Board shall be appointed by the Buffalo County Board of Commissioners.

(Code 1958, 2.15; Code 1980, 26-19; Ord. No. 5407, 4-14-92; Ord. No. 6953, 4-22-2003; Ord. No. 7670, 9-13-2011; Ord. No. 8569, § 2, 4-26-2022)

The members of the Board shall serve for a term of five (5) years; provided, the initial members of the Board shall be appointed in such a manner as to provide staggered terms, with one and two (1-2) term(s) expiring each year. The Chairperson and Vice-Chairperson shall serve for two years.

(Code 1958, 2.15; Code 1980, 26-20; Ord. No. 7903, 6-10-2014)

In case of illness, resignations or vacancy in office for any other reason, the Mayor/President, with Council approval, shall immediately appoint a member to the Board of the unexpired term so created by a vacancy among the five (5) members appointed by the Mayor/President. The Buffalo County Board of Commissioners shall have power to fill vacancies occurring among the two (2) members appointed by the Board of Commissioners.

(Code 1958, 2.15; Code 1980, 26-21; Ord. No. 5407, 4-14-92; Ord. No. 6953, 4-22-2003; Ord. No. 7670, 9-13-2011; Ord. No. 8569, § 3, 4-26-2022)

The City Manager and the Chairperson of the County Board of Commissioners shall serve as ex officio members of the Board.

(Code 1958, §2.15, 2.22; Code 1980, §2-99, 26-22; Ord. No. 5407, 4-14-92; Ord. No. 8569, § 4, 4-26-2022)

At the first meeting of the Board in August of even numbered years, the members of the Board shall meet and elect one (1) of their own members as Chairperson and another one (1) as Vice-Chairperson.

(Code 1958, 2.16; Code 1980, 26-23; Ord. No. 7903, 6-10-2014; Ord. No. 8436, § 1, 8-25-2020)

Four (4) members of the Board shall constitute a quorum for the transaction of business.

(Code 1958, 2.16; Code 1980, 26-24; Ord. No. 5407, 4-14-92)

The Board shall adopt all necessary rules providing for regular and special meetings of the Board and for the conduct of its business. The proceedings of the Board shall be set down and preserved in record books which the Board shall provide for that purpose. The records of the Board shall be open to the public as other records of the City.

(Code 1958, 2.17; Code 1980, 26-25)

The Board shall have the power and authority to employ a secretary, who may or may not be a member of the Board and to pay the secretary out of park and recreation funds with the approval of the Council. The duties of the secretary shall be prescribed by the Board.

(Code 1958, 2.18; Code 1980, 26-26)

The Board is an advisory board, thus having only that duty and power to advise and recommend to the Council and City Manager in the following areas of concern: laying out, improvement, beautification and design of grounds, bodies of water and buildings now owned or hereafter acquired for public parks and recreational facilities and to advise and recommend for program planning and leadership of recreational activities.

(Code 1958, 2.19; Code 1980, 26-27)

The Board may prepare such rules and regulations as may be deemed necessary for the management and care of City parks and to insure the orderly use of parks by the public and the protection thereof from acts of vandalism or malicious mischief. Such rules and regulations shall be submitted to the Council for approval and adoption, and when so approved and adopted by Council shall be published in a manner as provided for ordinances, and a copy thereof shall be kept on file at the office of the City Clerk for public inspection. A violation of these rules may be punished by the imposition of a fine by the court in an amount not exceeding one hundred dollars ($100.00) for each violation.

(Code 1958, 2.19; Code 1980, 26-28; Ord. No. 7903, 6-10-2014)

The hiring and dismissing of personnel to conduct functions of the park and recreation department are the duties of the department head and the City Manager.

(Code 1958, 2.20; Code 1980, 26-29)

It shall be the additional responsibility of the Advisory Board of Park and Recreation Commissioners to study, investigate, counsel, develop, and revise as needed, written plans for the care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in parks, public ways, streets and alleys. Such plans, upon revision(s), shall be made available to the Council and upon their acceptance and approval shall constitute the official comprehensive Approved and Prohibited Trees List for the City of Kearney, Nebraska. The Advisory Board, with assistance from the Park and Recreation Department staff, shall prepare an annual work plan for each calendar year. The Advisory Board, when requested by the Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.

(Ord. No. 3879, 1, 12-9-86; Code 1980, 26-30; Ord. No. 7903, 6-10-2014)

The purchase price of lots and burial spaces in the City cemetery shall be that fixed by the Council as set forth in the City of Kearney Comprehensive Fee Schedule. Such price shall be adequate to provide for the perpetual care of the lot or burial space as well as the cemetery in general.

(Code 1958, 9.1; Code 1980, 11-1; Ord. No. 5282, 7-23-91; Ord. No. 6051, 12-12-95; Ord. No. 6320, 9-9-97; Ord. No. 6509, 2-23-99; Ord. No. 6523, 4-13-99; Ord. No. 6569, 9-28-99; Ord. No. 6708, 9-12-2000; Ord. No. 6776, 4-24-2001; Ord. No. 6911, 9-10-2002; Ord. No. 7119, 9-14-2004; Ord. No. 7121, 9-28-2004; Ord. No. 7262, 6-13-2006; Ord. No. 7344, 4-10-2007; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

All that portion of Memorial Cemetery which lies west of Avenue I and south of Memorial Drive shall be known as Memorial Field and sales of all lots and burial spaces in Memorial Field shall be subject to the following restrictions:

A.

No sale or transfer of such burial lots, or the right of interment therein, shall be valid until such sale or transfer shall be duly entered upon the books of the City Manager.

B.

No trees, shrubs, flowers or other plants shall be planted upon such lot by the purchasers.

C.

No monument or other stone shall be placed upon such lots except a granite headmarker fourteen (14) inches by twenty-six (26) inches and not less than six (6) inches in depth, and which may, at the option of the owner, have securely attached thereto a bronze plate or plaque on the upper surface thereof, and which may be placed upon a suitable foundation with the upper surface of such marker level with the sod by the section, upon the request and at the expense of the lot owner; provided, however, that the restrictions herein provided as to size and material shall not apply to the placing of horizontal markers furnished gratuitously by the United States of America to deceased United States servicemen or veterans. Monument size for half spaces shall be eight (8) inches by sixteen (16) inches by six (6) inch depth.

D.

Lots 1 to 20, inclusive, in Memorial Field shall be set aside for the burial of United States War Veterans and such burial spaces shall be furnished in such lots for the burial of United States War Veterans without charge.

E.

Single burial spaces or half spaces for infant burials may be sold in designated areas by special permission from the City Manager.

The resale of any lots or burial spaces by any purchaser shall be subject to the same restrictions as to sale in groups as is hereinbefore set forth.

(Code 1958, 9.2; Code 1980, 11-2)

All certificates of conveyance of cemetery lots owned by the City shall be signed by the Mayor/President and countersigned by the City Clerk, under the seal of the City.

(Code 1958, 9.3; Code 1980, 11-3)

State Law reference— Conveyance of cemetery lots, Neb. Rev. Stat. 16-243

All certificates of conveyance of cemetery lots owned by the City shall be recorded by the City Clerk and may be recorded in the office of the Country Register of Deeds.

(Code 1958, 9.4; Code 1980, 11-4)

In order to transfer the title to a cemetery lot shown by a certificate of conveyance, the grantee shall surrender the certificate to the Cemetery Supervisor, who shall cancel the same and note such cancellation in his/her records, and shall issue a new certificate in lieu thereof upon receipt of the fee prescribed for recording expense and service in the case of original certificate of conveyance.

(Code 1958, 9.5; Code 1980, 11-5)

Burial lots shall not be held and used for speculation, and no lot proprietor shall permit interment in or upon any lot held by him/her for compensation.

(Code 1958, 9.6; Code 1980, 11-6)

The City agrees to care for all lots, parts of lots or burial spaces in cemeteries of the City, now platted or to be platted, in accordance with the provisions of this Code or other ordinances of the City, and to keep the lots and grounds free from weeds.

(Code 1958, 9.7; Code 1980, 11-7)

No burial shall be permitted in any church yard or any other place with the City, except that crèches for cremated remains may be constructed subject to approval of the Council.

(Code 1958, 9.10; Code 1980, 11-10)

The City Manager may prepare such rules and regulations as may be deemed necessary for the management and care of the cemeteries, and to insure the orderly use of the cemeteries by the owners of lots and the public and the protection thereof from acts of vandalism or malicious mischief. Such rules and regulations shall be submitted to the Council for approval and adoption, and when so approved and adopted by the Council, shall be published, in the manner provided for the publication of ordinances, and at least three (3) copies thereof shall be kept on file at the office of the City Clerk for public inspection. A violation of these rules may be punished by the imposition of a fine by the court in an amount not exceeding one hundred dollars ($100.00) for each violation.

(Code 1958, 9.11; Code 1980, 11-11)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-244 and 16-245

Lots in the cemetery may be abandoned as provided in Article 7 of Chapter 12 of the Revised Statutes of Nebraska, as amended.

(Code 1980, 11-12)

There is hereby created a Golf Advisory Board in and for the City.

(Ord. No. 6003, 8-22-95)

The Golf Advisory Board shall consist of five (5) members chosen from the citizens at large. Neither the Mayor nor any member of the Council shall be a member of the Golf Advisory Board. The Director of Recreational Services shall be an ex-officio member of the Board. Additionally, one member of the Park and Recreation Advisory Board shall serve as an ex-officio member as chosen by that Board.

(Ord. No. 6003, 8-22-95; Ord. No. 6010, 9-12-95; Ord. No. 7903, 6-10-2014; Ord. No. 8505, § 1, 7-13-2021; Ord. No. 8682, § 1, 6-25-2024)

Names of persons willing to serve the City in the capacity of a member of the Golf Advisory Board shall complete an Expression of Interest form. The members of the Golf Advisory Board shall be appointed by the Mayor/President and approved by the Council.

(Ord. No. 6003, 8-22-95; Ord. No. 7332, 3-13-2007)

The Board members shall hold their office for a term of four (4) years. A Board member shall serve a maximum of two (2) consecutive terms. Interim appointments for terms of less than two (2) years shall not be considered a term.

(Ord. No. 6003, 8-22-95; Ord. No. 6010, 9-12-95; Ord. No. 7332, 3-13-2007)

In case of vacancies by resignation, removal, illness or any other reason, the Mayor, with Council's approval, shall immediately appoint a new member to the Board for the unexpired vacated term.

(Ord. No. 6003, 8-22-95)

Annually at the third quarterly meeting, the Board members shall elect a Chairperson and Vice-Chairperson and such other officers as may be necessary. All members of the Golf Advisory Board shall serve without compensation.

(Ord. No. 6003, 8-22-95; Ord. No. 7332, 3-13-2007; Ord. No. 7903, 6-10-2014; Ord. No. 8682, § 2, 6-25-2024)

The Board is an advisory board, thus advising and recommending to the City Council and City Manager on all matters concerning the development and use of the Meadowlark Hills Golf Course. The primary functions and duties include:

•

assist in developing short and long-range priorities for the development and improvement of the golf course;

•

recommending policies, fees, promotions, programs, and rules for the use of the municipal course;

•

and all other matters relating to the golf course which may be requested by the City Manager or City Council.

Such rules and regulations shall be submitted to the Council for approval and adoption, and when so approved and adopted by Council, shall be published in a manner as provided for ordinances, and a copy thereof shall be kept on file at the office of the City Clerk for public inspection.

(Ord. No. 6003, 8-22-95; Ord. No. 7332, 3-13-2007; Ord. No. 8682, § 3, 6-25-2024)

Members of the Golf Advisory Board are expected to attend meetings on a regular basis. Whenever a Board member misses three (3) consecutive meetings or his/her attendance falls below seventy-five (75) percent in a 12-month period, the Mayor/President will formally request, by letter, clarification from the identified board member of the reason for lack of attendance. If no attendance improvement plan can be agreed upon by the Mayor/President and board member, the board member may be asked to consider resignation.

(Ord. No. 6003, 8-22-95; Ord. No. 7332, 3-13-2007)

Three (3) members of the Board shall constitute a quorum; provided any motion, resolution or order passed by the Board in order to be valid shall require the vote or assent of three (3) members of the Board.

(Ord. No. 6003, 8-22-95; Ord. No. 7903, 6-10-2014; Ord. No. 8505, § 2, 7-13-2021)

The Board meetings shall be scheduled quarterly. The Board may adopt all procedural rules necessary to provide for regular and special meetings of the Board and for the conduct of its business. The proceedings of the Board shall be recorded and preserved in accordance with the Public Meetings Law, Neb. Rev. Stat. §84-1408 R.R.S., et seq.

(Ord. No. 6003, 8-22-95; Ord. No. 8682, § 4, 6-25-2024)

The Board shall, from time to time, recommend general bylaws, rules or regulations for the operation and government of the golf course to the City Manager and file a copy thereof with the City Clerk to be recorded and indexed in the records of the Clerk's office. Such rules and regulations shall be submitted to the Council for approval and adoption, and when so approved and adopted by Council, shall be published in a manner as provided for ordinances, and a copy thereof shall be kept on file at the office of the City Clerk for public inspection.

(Ord. No. 6003, 8-22-95; Ord. No. 8682, § 4, 6-25-2024)

The selection, planting, maintenance, and removal of trees and ornamental plantings along public ways within the City of Kearney substantially affect such matters as pedestrians and vehicle safety, the location and maintenance of utility services, tree maintenance costs, the incidence of tree diseases and the general appearance of the cityscape; therefore, it is hereby found and determined that such selection, planting, maintenance, and removal are matters of city-wide concern over which the City must exercise the control set forth in this chapter.

(Ord. No. 7352, 5-8-2007)

The Director shall prepare and maintain an "Approved and Prohibited Trees List" for the City, showing thereon the genus, species and variety of trees which may hereafter be planted in or upon any street, parkway, sidewalk space, or other public way within the City, as well as trees that may not be planted in such areas, and all such tree planting shall conform to this list. A current copy of said list shall be made available for inspection by the public at the office of the Director.

The term "Director" whenever used in this Article shall mean the Director of Park and Recreation of the City of Kearney, Nebraska or his authorized agent or representative.

(Ord. No. 7352, 5-8-2007; Ord. No. 7903, 6-10-2014)

The space between the lot line and existing or projected curb line on each side of every street in the City (hereafter known as the right-of-way space) shall be used only for the location of approved street trees in accordance with Section 7-502 of this Article, turf grass, shrubs, perennial and annual flowering plants, ornamental grasses, vegetable gardens, and ground covers. Shredded wood mulch may be placed around street trees and landscape plantings within the sidewalk space.

(Ord. No. 7352, 5-8-2007)

The Director may, subject to approval of the City Manager, request permission to enter upon and plant one or more street trees on property adjacent to public right-of-way pursuant to an easement agreement when there is insufficient land available for the planting and proper growth of the street tree or trees in the public right-of-way. Such easement agreement shall be conditioned upon the owner of the property agreeing to assume ownership and liability for the street tree and the responsibility for its proper maintenance which shall include watering as often as required by necessity, cultivating, mulching, and trimming or its removal if dead, dying, diseased, or hazardous.

The determination of insufficient of available land shall be based upon existing roadway width, except in those cases where design work is underway or completed for a roadway project to be constructed within the next year, in which case the new curb location shall control. A List of where such trees have been planted and the reasons for such plantings shall be available at the Park and Recreation Office upon request.

(Ord. No. 7352, 5-8-2007; Ord. No. 7903, 6-10-2014)

Except as may otherwise be provided by the City Council for Council-created street tree planting/care programs, the trimming, spraying, removing, and destroying of all trees now existing, the selecting, planting, trimming, spraying, removing, and destroying of all street trees hereafter planted in or upon any street, parkway, sidewalk space, or other public right-of-way within the City, shall be done by and at the expense of the property owner; provided, the Director may, in accordance with the provisions of this Article, issue a permit to any applicant therefore, allowing such person to plant, remove, or destroy any such tree.

(Ord. No. 7352, 5-8-2007)

The owner of the property abutting the sidewalk space shall be responsible for the routine care of such landscape plantings within the sidewalk space, including watering, mowing, raking and disposing of leaves, twigs, and other debris, weed control in accordance with Section 7-502 of this Article, and trimming and pruning of shrubs and other ornamental landscape plantings.

(Ord. No. 7352, 5-8-2007)

Any person desiring to plant, remove, or destroy any street tree in or upon any street, parkway, sidewalk space, or other public way within the City shall first make a written application to the Director so to do, upon forms furnished by the City. Such application shall set forth the name and address of the applicant, the name and address of the person, firm, or corporation doing the work, and such other information as the Director may require. At the time of making such application, the applicant shall agree in writing to save the City harmless and to protect the City and the public at all times in connection with such work under such permit, and to do such work in conformance with specifications set forth by the City. Also, at the time of making such application, the applicant shall furnish the Director with the written consent to the issuance of such permit from the owner of the property abutting the public property upon which such work is proposed to be done.

(Ord. No. 7352, 5-8-2007)

After inspection of the location in question, if in his opinion it is desirable that such tree be planted, removed, or destroyed, the Director shall issue a permit therefore. Such permit shall set forth the name and address of the owner of the property abutting the public property upon which such work is to done; the name and address of such person who will perform such work; and the location at which such work will be performed. The permittee shall furnish any such street tree to be planted. After planting, such street tree shall be and remain the property of the City, and subject to the provisions of this chapter. The cost of any such street tree and the cost of all such permitted planting, removing, and destroying shall be and remain the permittee's. Failure to obtain a permit may result in removal of the tree by the owner. Such permit shall be subject to the following conditions, which shall be made a part of said permit, and failure to comply therewith shall constitute a violation of this Article:

a.

Any street tree to be planted shall be planted at the location designated by the Director. All trees when planted shall be not less than one (1) inch in diameter at six (6) inches above the ground surface. No whips shall be planted;

b.

When a street tree is being removed or destroyed, the stump shall also be removed. All removed trees, including limbs and debris therefrom, shall be removed from the street, parkway, sidewalk space, or other public way within forty-eight (48) hours after being cut, and the ground shall be raked clean of all chips, branches, and debris;

c.

When a street tree is being felled, it shall be felled away from the roadway or parallel with the roadway, when possible, and the sidewalk and street shall be guarded as to protect pedestrians and vehicles thereon;

d.

All damage to curbs, sidewalks, and other public property occurring in the performance of such work shall be promptly and properly repaired at the permittee's expense.

(Ord. No. 7352, 5-8-2007; Ord. No. 7903, 6-10-2014)

No permit shall be required for any such tree, shrub, or ornamental landscape planting, removing, or destroying ordered or done by the City; however, all such work shall be done in conformance, with the requirements of subparagraphs (a), (b), (c), and (d) of Section 7-508 of this Chapter. Further, the City may trim all trees in or upon any street, parkway, sidewalk space, or other public way so that there is a clearance of seven (7) feet over sidewalks and fourteen (14) feet over the portion of public streets and alleys used for vehicular traffic.

(Ord. No. 7352, 5-8-2007; Ord. No. 7464, 9-9-2008)

Cross reference— Streets and Sidewalks, § 9-1222

The owner(s) or owner's duly authorized agent in charge of any lot, block, piece or parcel of land in the City, are hereby required to maintain, trim or remove any dead, diseased or dangerous limbs, trees or branches that interfere with the health, safety, convenience property use or pleasure of person using the right-of-way space. The City of Kearney Developmental Services Division shall serve as the main point of contact for citizens who have concerns regarding dead, diseased or dangerous branches, limbs or trees that are immediately impacting right-of-way areas. The City of Kearney will follow its policy (DS-11) regarding the maintenance of obstructive or diseased landscape in right-of-way areas.

(Ord. No. 7352, 5-8-2007; Ord. No. 7903, 6-10-2014)

The Council does hereby declare the permitting, allowing or maintaining of any damaged, dangerous, dead or diseased branches, limbs or trees to be and constitute a nuisance.

(Ord. No. 7352, 5-8-2007)

The City Clerk shall, on the first Monday of February, May and September of each year cause to be published, in a newspaper of general circulation in the City, a notice in substantially the following form:

NOTICE

Notice to Property Owners, Owner's Duly Authorized Agents, and Persons in Possession of Property pursuant to Chapter 7, Article 5 of the Kearney City Code, all property owners, owner's duly authorized agents, and persons in possession of any tract, lot, block, piece or parcel of land in the City of Kearney are hereby notified that all dead, diseased, damaged or dangerous branches, limbs, or trees now growing in the public rights-of-way in the City of Kearney, Nebraska, must be treated, trimmed or removed within thirty (30) days of publication of this Notice.

The permitting, allowing or maintaining of any dead, diseased, damaged or dangerous branches, limbs or trees has been declared to constitute a nuisance. The maintenance of a tree nuisance is punishable as an infraction.

If the owner or owner's duly authorized agent in possession of any real estate shall fail, neglect or refuse to treat, trim, or remove thereon and abate and remove the nuisance as directed, the City will give notice by personal service or certified mail to the owner or agent. Within five (5) days after the receipt of such notice, the owner or agent may request a hearing with the City to appeal the decision to abate or remove the nuisance by filing a written appeal with the office of the City Clerk. A hearing on the appeal shall be held within fourteen (14) days after the filing of the appeal and shall be conducted by the Tree Appeal Committee as appointed by the City Manager. The Committee shall render a decision on the appeal within five (5) business days after the conclusion of the hearing. If the appeal fails, the City may have work done to abate and remove the dead or diseased tree(s). If the owner/agent does not request a hearing with the City within five (5) days after receipt of such notice or fails to comply with the order to abate and remove the nuisance, the City may have such work done. The City may levy and assess all or any portion of the costs and expenses of the work upon the lot so benefitted as a special assessment. The City shall charge an hourly fee as set forth in the City of Kearney Comprehensive Fee Schedule required to do the work, with a minimum charge as set forth in the Comprehensive Fee Schedule. In addition, an administrative fee as set forth in the Comprehensive Fee Schedule shall be charged for each tract of land, lot, block or parcel of real property where the tree work was completed by the City and the total of all costs and expenses shall be reported to the Council for levy and assessment or for recovery in a civil action as the Council directs. If unpaid for two (2) months after such work is done, the City may either (a) levy and access the cost and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed, or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.

BY ORDER OF THE KEARNEY CITY COUNCIL

City Clerk

(Ord. No. 7352, 5-8-2007; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 7903, 6-10-2014; Ord. No. 8119, 11-22-2016)

If the owner or owner's duly authorized agent in charge of any lot, block, piece or parcel of ground, including abutting or adjoining streets, alleys and parkings, within the City rights-of-way fails, neglects or refuses to treat, trim, remove dead, diseased, damaged or dangerous trees or portions thereof and maintain a tree nuisance, the City may give notice to abate and remove such nuisance to each owner or owner's duly authorized agent, if any, by personal service or certified mail. Within five (5) days after the receipt of such notice, the owner or agent may request a hearing with the City to appeal the decision to abate or remove the nuisance by filing a written appeal with the office of the City Clerk. A hearing on the appeal shall be held within fourteen (14) days after the filing of the appeal and shall be conducted by the Tree Appeal Committee as appointed by the City Manager. The Committee shall render a decision on the appeal within five (5) business days after the conclusion of the hearing. If the appeal fails, the City may have work done to abate and remove the dead or diseased tree(s). If the owner/agent does not request a hearing with the City within five (5) days after receipt of such notice or fails to comply with the order to abate and remove the nuisance, the City may have such work done. The City may levy and assess all or any portion of the costs and expenses of the work upon the lot so benefitted as a special assessment. The City shall charge an hourly fee as set forth in the City of Kearney Comprehensive Fee Schedule required to do the work, with a minimum charge as set forth in the Comprehensive Fee Schedule. In addition, an administrative fee as set forth in the Comprehensive Fee Schedule shall be charged for each tract of land, lot, block or parcel of real property where the tree work was completed by the City and the total of all costs and expenses shall be reported to the Council for levy and assessment or for recovery in a civil action as the Council directs.

(Ord. No. 7352, 5-8-2007; Ord. No. 8119, 11-22-2016)

In the event a property owner or owner's agent fails, neglects or refuses to maintain the right-of-way property and healthy trees after initial City tree maintenance during the calendar year, the City may re-notify the owner or owner's duly authorized agent, if any, by personal service or certified mail, to abate and remove the nuisance and may, if said owner or owner's duly authorized agent neither requests a hearing nor removes and abates the nuisance within five (5) days after receipt of such notice, the City may re-enter the property treat, trim or remove nuisance trees which costs and expenses may be assessed against the property, if not paid by the owner, or the City may file a civil action against the owner to recover costs and expenses of the work upon the property and adjoining street and alleys.

(Ord. No. 7352, 5-8-2007; Ord. No. 8119, 11-22-2016)

If trees are treated, trimmed or removed by the City, and/or if any refuse, debris, litter or other obstructions are caused to be removed to permit such cutting, the City shall charge an hourly fee as set forth in the City of Kearney Comprehensive Fee Schedule required to do the work, with a minimum charge as set forth in the Comprehensive Fee Schedule. In addition, an administrative fee as set forth in the Comprehensive Fee Schedule shall be charged for each tract of land, lot, block or parcel of real property where the tree work was completed by the City and the total of all costs and expenses shall be reported to the Council for levy and assessment or for recovery in a civil action as the Council directs.

(Ord. No. 7352, 5-8-2007; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

Development Services/Code Enforcement shall keep an accurate record of the cost of tree maintenance from each specific lot, block, piece or parcel of land and he/she shall report the same to the City Clerk, whereupon the City Clerk shall mail a statement of such cost to the last known address of the owner or owner's duly authorized agent in charge of such property, and if such costs are not paid within two (2) months from the mailing of such notice, the Council may proceed to levy and assess the costs and expenses thereof against the property as a special assessment, and the City Clerk shall certify such assessment to the County Clerk for collection of payment to the City the same as other assessments and taxes are collected, or the Council may direct the City Manager to file a civil action against the owner to recover costs and expenses of the work upon the property and adjoining streets and alleys.

(Ord. No. 7352, 5-8-2007; Ord. No. 7903, 6-10-2014)

Cross reference— Streets and Sidewalks, Section 9-1225

Any owner, owner's duly authorized agent, or person in charge of any lot, block, piece or parcel of land within the City right-of-way who creates, allows, permits or maintains a tree nuisance or violates the provisions of this Article shall be guilty of an infraction. Each distinct violation, and each day any such violation of the Article continues, shall constitute a separate offense.

(Ord. No. 7352, 5-8-2007)

It shall be unlawful for any person to cut down, destroy, deface, cut off limbs or in any manner interfere with or molest any trees or to injure any grass, shrubbery or other planting provided for by this Article in the City rights-of-way.

(Ord. No. 7352, 5-8-2007)

The owner or owner's duly authorized agent of any lot, piece or parcel of ground abutting or adjacent to any street or sidewalk over which extend the branches of any trees shall at all times keep the branches or limbs thereof trimmed to the height of at least fourteen (14) feet above the surface of the street and at least seven (7) feet above the surface of the walk. Whenever the limbs or branches of any tree extends over street or sidewalk contrary to the provisions of this section so as to interfere with the convenience of the public using the street or sidewalk they are in violation and must take corrective action subject to Sections 7-512, 7-513 and 7-514 of this Article.

(Ord. No. 7352, 5-8-2007; Ord. No. 7464, 9-9-2008; Ord. No. 7903, 6-10-2014)

No shrubs, trees, bushes or other plant material shall be planted, maintained, allowed to grow and no structure shall be erected so as to hinder vision in the vicinity of an intersection of two (2) streets, within a sight distance triangle bounded by the edges of the roadway or the curb on the two (2) sides and a line diagonally across the corner lot meeting the edges of the roadway or the curb forty (40) feet from their intersection at the corner. No shrubs, trees, bushes or other plant material shall be planted, maintained, allowed to grow and no structure shall be erected on public property so as to hinder vision in the vicinity of an intersection of a driveway and a street or an alley and a street. To hinder vision shall be taken to mean that such plant material has leaves, needles, branches or other foliage during any period of the year, and structures of any type as defined in the zoning ordinance, exist between levels two (2) feet and eight (8) feet above the crown of the street adjacent. Structures in Zoning District C-2 shall be exempt from this regulation.

(Ord. No. 7352, 5-8-2007)

Landscaping or screening installed in any landscaped area shall not obstruct the view from or to any driveway approach, street, alley, or sidewalk, and shall be consistent with the provisions of Section 7-520 of this Article.

(Ord. No. 7352, 5-8-2007)