Three sisters who own a downtown Branson establishment are in a flock of trouble after cutting down a Bradford pear tree — a tree that was a roost for several birds that wreaked havoc on the restaurateurs.
Christina “Chris” Olson, Teresa Olson and Jo Anne Lund who own Jimmy Jet’s Grill were each issued citations Tuesday, Aug. 31 by the Branson Police Department for cutting down and removing a tree that was planted in front of the restaurant by merchants approximately five years ago.
Teresa said a detective with the Branson Police Department also came to the business Monday, Aug. 30 inquiring about the missing tree.
The three are facing misdemeanor charges and could be fined up to $500 and/or imprisoned for up to 90 days.
The tree was home to several birds that let their presence be known, leaving feathers and droppings strewn about sidewalks.
The women said they were concerned about a health hazard from feathers that would land inside the restaurant when someone would open the door. The tree was also blocking the front of their restaurant from customers’ view.
“So many people have now said ‘we have never seen this place and we drive by it all the time,'” Chris said.
In a certified letter to City of Branson officials Lund asked that the problem be resolved and that she be notified of the resolution and any procedures required by her to facilitate the removal of the tree. Lund also requested the ordinance that prevents the removal of the tree be sent to her.
“As you may know we have spent an enormous amount of time and energy with your department trying to ascertain what can be done to correct the problem of the Bradford pear tree blocking the entrance to our restaurant and obliterating our advertising, specifically our neon sign,” the letter states. “We have literally been sent in a circle of various people and departments that finally leads back to you (City of Branson Planning and Development Director Don Stephens).”
Stephens replied in an Aug. 24 letter that Lund would have to contact the Downtown Branson Main Street Association (DBMA) concerning the tree because the landscaping was part of an area project. “The ultimate solution to your concerns falls under the immediate discretion of DBMA,” he wrote.
Stephens later clarified in a second letter, after the tree was cut down, that while DBMA is working toward a solution to the trees, it does not have “authority to make decisions or grant permissions regarding issues controlled by Branson Municipal Code.”
The women readily admit they were responsible for cutting the tree down in front of their restaurant, which they acquired less than a year ago. “We talked with the city and they said talk to the DBMA,” Teresa said. “We talked to the DBMA and they said talk to the city. It seemed like no one was doing anything, so we made the decision to cut the tree down.”
Olson said police drove by the restaurant as the tree was being cut down, but did not stop.
Thirty-eight Bradford pear trees line the sidewalks along Main and Commercial streets.
The trees were planted with good intentions by a group of merchants who wanted to beautify their businesses, but now the trees have grown large enough to block storefront signs and create other situations.
The city acknowledges there is a problem with the trees in downtown Branson. Public works employees have been applying Bird-Proof to the trees since the beginning of spring. Bird-Proof is a non-toxic, sticky chemical that inclines birds to roost elsewhere. Branson Public Information Director Jerry Adams said the city pays approximately $200 per treatment. “(Bird-Proof) is alleviating the problem, but it has not totally eliminated the problem,” Adams said.
Section 295.100 of the Branson City Code states that “any person who shall cut, deface, damage, drive nails or nail signs on or to or in any manner damage or interfere with the growth of any tree or shrub in or on any street, alley, public place or park in the City of Branson shall be guilty of a misdemeanor and upon conviction thereof shall be fined up to $500 or by imprisonment in the city jail for up to 90 days, or by both such fine or imprisonment.”
“The tree was cut down illegally, and the police are investigating,” Adams said.
The women’s court date is set for Sept. 29.
The Olsons plan on fighting the citations they were issued. “A lawsuit is a definite possibility,” Chris said. “We will go to jail before we pay that fine.”
Courtesy of Branson Daily Independent