CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS REGULATIONS\ARTICLE 4. TREE TRIMMERS AND SPRAYERS

It shall be unlawful for any person, firm or corporation to engage in the occupation or business of spraying or trimming trees for hire or treating trees in any manner for hire without first having a valid license or licenses to engage in such occupation or business and without having paid such fee or fees and providing proof of liability insurance as may hereinafter be provided for such purpose.

(Ord. 1140, Sec. 1; Code 1985, 5-701)

(a)   Any person desiring to engage in the occupation of or business of spraying, trimming, or treating trees in his or her own name or as a firm in the city shall first make application in writing to the city clerk for a license to engage in such an occupation or business. Each such application shall be signed individually by the applicant and verified under oath, and shall state the name of the applicant, his or her firm or business name, place of business in the city or otherwise his or her home office address and in detail, the educational qualification and business experience and training and where previously engaged in business and whether licensed or not. In addition, the applicant shall submit evidence of currently possessing any and all licenses required by the State of Kansas to engage in such an undertaking or profession to the city clerk along with the application.

(b)   Upon the filing of such application the city manager shall make such examination as may be deemed necessary touching the professional skill or knowledge of such applicant and his or her reputation for business integrity. If the applicant shall be determined to be qualified to engage in the occupation or business of trimming, spraying or treating trees, the city manager shall direct the issuance of a license to the applicant upon payment of the required fee or fees.

(c)   No license required by this article shall be issued to any person, firm, corporation or association who does not possess any and all valid licenses required by the State of Kansas to engage in such an undertaking or profession.

(Code 1962, 12-802; Ord. 1345, Sec. 1; Code 2006)

(a)   The license fee for a tree trimmer or sprayer shall be: $25.00 per year.

(b)   All such licenses shall be dated as of the first day of the month of issuance and shall expire on the 31st day of December next following the date of issuance and valid for the calendar year. All such licenses shall be renewable on or before the 1st day of January of each year.

(Code 1962, 12-803; Ord. 1008; Code 1985, 5-703; Res. 15-2013)

 Before any license shall be issued to any applicant, the applicant shall file proof of current liability insurance coverage with the city clerk conditioned for the faithful observance of all of the laws of the city and to hold and save the city harmless and free of all loss or damage to persons or property resulting from or arising out of, the negligence or failure of the principal or any of his, her or its employees, agents or servants, to use due care respecting its operations in the city. Each such proof of liability insurance shall be further provided to protect the customers of the licensee against negligence, bad faith, fraud or willful misrepresentations connected with his, her or its operations in such occupation, and further conditioned that in the event of expiration or cancellation, that the company shall give 10 days’ notice of such fact to the city clerk.

(Ord. 1140, Sec. 2; Code 1985, 5-704)

The city manager, on his or her own motion or on complaint of the chief of police may suspend any license issued under the conditions of this article upon reasonable notice to and opportunity for a hearing on such suspension given to any licensee who or which shall:

(a)   Fail to file or renew proof of liability insurance as required by the law of the city.

(b)   Permit others to use his, her or its license.

(c)   Perform defective work or be found to not possess the ability or equipment to perform satisfactory work.

(d)   Make any willful representation concerning the condition of trees or shrubs.

(e)   Fail to obtain or maintain any and all licenses as required by the State of Kansas to engage in such an undertaking or profession.

Any such license suspension may extend for a period not to exceed six months unless the city council shall upon an appeal by the licensee for the order of suspension, terminate the same. No license fee or occupation tax shall in any event be refunded by the city.

(Ord. 1140, Sec. 3; Code 1985, 5-705)