§ 30-29. Tree trimmers.

(a)

License required. No person shall engage in any activity as a tree trimmer or tree surgeon without a valid license from the city.

(b)

Application. Application for a license shall be made in writing to the clerk on forms furnished by the clerk. The application shall include:

(1)

Name and address. The applicant's full name and address and, if a corporation, the name and address of its principal office and registered agent.

(2)

Equipment. A listing of the type and number of pieces of vehicles and power and safety equipment which is available or will be used within the city.

(3)

Qualifications. A statement of the training, experience and other qualifications pertaining to the type of work to be done within the city.

(4)

Bond required. The applicant shall post with the clerk a bond in the sum of $5,000.00 issued by a surety company authorized to issue bonds in the state. The bond shall guarantee the applicant's payment for any damage done to the city or to public property, and payment of all costs incurred by the city in the course of the activities of the applicant.

(5)

Insurance and indemnity required.

a.

Filing of insurance. Each applicant shall file a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the duration of the period the applicant will be working in the city covering the applicant and all agents and employees of the applicant for the following amounts: Personal injury; $100,000.00 per person. Property damage; $ 50,000.00.

b.

Execution and delivery of indemnity. Each applicant shall execute and deliver, in a form approved by the city, an agreement to indemnify and hold harmless the city from the liability arising from services rendered by the applicant as a tree trimmer or tree surgeon.

1.

License issued. Upon completion of the application, a determination that the applicant can comply with the standards of this chapter, the filing of bond and insurance certificate, and the payment of the required fee as set by the council, the clerk shall issue a license.

2.

Public safety. At all times when working in the city, the licensee shall maintain adequate warning signs and by the use of barricades or otherwise shall take reasonable precautions to ensure that no injury is done to persons or property.

3.

Time limit. No tree trimmer shall permit or allow any tree limbs, branches, clippings or other debris to remain upon any street or other public way for a period of more than four hours without having first secured the written approval of the city.

4.

Removal by city. In the event any tree trimmer is found to be in violation of subsection (b)(3) of this section, the city is authorized to remove such material and assess the costs thereof against the license holder and the surety on the bond.

5.

Exceptions. The provisions of this chapter requiring a bond and insurance shall not apply in the following cases:

(i)

Where the tree trimmer or tree surgeon does not cut or trim any tree within the city in excess of 20 feet in height.

(ii)

Where the tree trimmer or tree surgeon does not cut or trim any branch in excess of six inches in diameter or any part of which is more than 20 feet above the surface of the ground.

(iii)

Where the tree to be cut or trimmed has been felled and is lying upon the surface of the ground.

(Prior Code, § 140.11; Ord. No. 173, 06-08-1988)