CHAPTER 5. BUSINESS REGULATIONSCHAPTER 5. BUSINESS REGULATIONS\Article 4. Tree, Shrub or Landscape Contractors

Article 4. Tree, Shrub or Landscape Contractors

It shall be unlawful for any person to engage in the business within the city of cutting, trimming, pruning, removing, spraying or otherwise treating trees, shrubs or vines or applying herbicides, weedicides, insecticides, fungicides, soil conditions or fertilizers by spraying or disseminating any such material by any device other than by hand tools, not actuated in whole or in part by compressed air, gas, water or mechanical means or source without first procuring a license therefore from the city clerk of the city.

(Code 1978, 14-301; Code 1994; Code 2003; Code 2015)

Before any such license shall be issued, the application therefore shall be submitted to the city clerk who shall thereupon examine the applicant for such license either orally or in writing or both for the purpose of determining whether or not the applicant is qualified to engage in the type or types of business for which the license is sought. If the city clerk shall be satisfied from such examination and from any demonstration which he/she may require concerning the practicable ability and confidence or evidence as to previous satisfactory experience of the applicant, he may approve the application for the license and the license shall then be issued by the city clerk.

(Code 1978, 14-302; Code 1994; Code 2003; Code 2015)

Every such license shall show upon its face and types, classification or kinds of service which the licensee shall be authorized to render and perform.

(Code 1978, 14-303; Code 1994; Code 2003; Code 2015)

The city clerk is hereby authorized to prepare such rules and regulations which he/she may deem necessary and advisable for the purposes contemplated by this article, but such regulations shall be submitted to the governing body and approved by it.

(Code 1978, 14-304; Code 1994; Code 2003; Code 2015)

No such license shall be effective and no such license shall be issued until the applicant or licensee shall present to the city clerk a satisfactory certificate of insurance covering all of the operation of such applicant or licensee in such business in the city and showing limits of $300,000 combined single coverage. A copy of the certificate of insurance shall be on file with the city clerk. In the event of a suspension or cancellation of the insurance coverage by the insurance company, the city shall cancel or suspend the appropriate license until the appropriate insurance coverage shall have been again obtained and filed with the city clerk. It shall be the duty of the licensee in the event of cancellation of insurance to notify the city clerk of the city, within five days after such cancellation is effected.

(Code 1978, 14-306; Code 1994; Code 2003; Ord. 561; Code 2015)

It shall be the duty of any such applicant or licensee who is a nonresident of Kansas to appoint in writing, which appointment must be filed with the clerk of the Cheyenne County District Court, some person who is a resident of Cheyenne County on whom service may be had in any tort or contractual civil suit which may arise out of the performance of any of those acts authorized by provisions of this article.

(Code 1978, 14-306; Code 1994; Code 2003; Code 2015)

The annual license fee for every licensee to engage in the business defined in section 5-401 of this article shall be the sum of $25 per year or fraction thereof for residents of Cheyenne County and $50 per year or fraction thereof for non-residents of Cheyenne County. The license shall be renewable each January 1, and shall be on an annual basis. The license shall be nontransferable and shall not be assigned.

(Code 1978, 14-307; Code 1994; Code 2003; Code 2015)

No part of this article shall be construed to be in lieu of any trash hauling ordinance now in effect or hereinafter enacted by the city, and all applicants under this article shall adhere to the trash hauling ordinance of the city.

(Code 1978, 14-308; Code 1994; Code 2003; Code 2015)