It shall be unlawful for any person, firm or corporation to engage in the business within the City of Bird City, Kansas, of cutting, trimming, pruning, removing, spraying or otherwise treating trees, shrubs or vines or applying herbicides, weedicides, insecticides, fungicides, soil conditioners 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 therefor from the city clerk of the city.

(Code 1998, 14-301; Code 2022)

Before any such license shall be issued, the application therefor shall be submitted t 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 w ich the license is sought. If the city clerk shall be satisfied from such examination and from any demonstration which he 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 1998, 14-302; Code 2022)

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

(Code 1998, 14-303; Code 2022)

The city clerk is hereby authorized to prepare such rules and regulations which he 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 1998, 14-304; Code 2022)

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 public liability insurance policy covering all of the operations of such applicant or licenses in such business in the city for the sum of at least Twenty-five thousand Dollars ($25,000.00) for each person injured and not less than Fifty Thousand Dollars ($50,000.00) insurance cove age in the case of injury to two (2) or more persons in any one (I) accident and insurance coverage in the sum of not less than Five Thousand Dollars ($5,000.00) for property damages. Said insurance policy may be written to allow the first Fifty Dollars ($50.00) of liability for damage to the property to be deductible. A copy of the insurance policy 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 (5) days after such cancellation is effected.

(Code 1998, 14-305; Code 2022)

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

(Code 1998, 14-306; Code 2022)

The annual license fee for every licensee to engage in the business defined in Section 5-201 of this article shall be the sum of Twenty-five Dollars ($25.00) per year or fraction thereof for residents of Cheyenne County and Fifty Dollars ($50.00) per year or fraction thereof for nonresidents of Cheyenne County. The license shall be renewable each May 1, and shall be on an annual basis. The above fee shall be prorated for the month in which the initial license is sold to the licensee. Said license shall be nontransferable and shall not be assigned.

(Code 1998, 14-307; Code 2022)

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

(Code 1998, 14-308; Code 2022)

Any person violating any of the provisions of this article or any of the rules and regulations lawfully adopt d as authorized hereunder shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be subject to a fine of not less than Twenty-five Dollars ($25.00) or more than One Hundred Dollars ($100.00). Each and every day’s violation of any of the provisions of this article shall constitute a separate offense.

(Code 1998, 14-309; Code 2022)