[HISTORY: Adopted by the City Council of the City of Las
Vegas 9-15-1999 by Ord. No. 98-14 (Ch. 23 of the 1972 City Code).
Amendments noted where applicable.]
The following words and phrases of §§ 409-1 through 409-10 shall have the meanings respectively ascribed to them by this section:
The Public Facilities Director or his/her designee is the
representative of the Tree Board who is responsible for administration
of the community tree program.
Dead, defaced, broken, dangerous, diseased trees with severe
structural damage, or trees interfering with views of traffic or pedestrians.
The person owning such property as shown on the records of
the San Miguel County Assessor's office.
To remove dead or living branches from a tree or plant by
severing the branch just slightly above the branch collar.
Includes all streets, highways, parks and grounds owned by
the City of Las Vegas.
Trees, shrubs, bushes and all other woody vegetation on land
lying between the property lines on either side of all streets, avenues
and boulevards within the City of Las Vegas.
Land owned by the public for travel access or utility use.
The entire width of every public way, to include all rights-of-way.
The systematic cutting back of limbs within the tree's
crown to such a degree as to remove the normal canopy and disfigure
the tree.
Any plant, shrub or tree over 36 inches in height measured
from the ground level.
A group of people charged, generally by ordinance, with overseeing
the needs of the urban forest.
Trees and related organisms in urban settings, whether small
towns, villages, communities, or large cities.
A.
There shall be created and established a Tree Board for the City
of Las Vegas, New Mexico, which shall consist of nine to 15 members
who shall be appointed by the Mayor with the approval of the City
Council. The Public Works Director or his/her designee shall be a
full voting member of the Committee. All members of the Board shall
serve without pay. Vacancies caused by death, resignation or otherwise
shall be filled for the unexpired term in the same manner as original
appointments are made.
B.
Duties. The Tree Board shall perform the following duties:
(1)
Provide guidance to the City of Las Vegas on tree species, selection
and management of woody plants in public areas of the City. The Las
Vegas Tree Committee shall maintain an extensive list of recommended
trees for planting in public areas. The purpose of the list is to
provide guidance on the selection of appropriate trees to increase
the tree species diversity in the community forest. Said list shall
be available to residents of the City upon request.
(2)
Create and review City policies on tree planting, maintenance and
removal.
(3)
Develop and/or acquire educational information and programs on tree
species selection, planting, maintenance and removal.
(4)
Address issues concerning trees that City residents feel are important.
(5)
Consider and review any special matter or question relating to trees.
(6)
Make recommendations on the adoption and alteration of all rules,
regulations and ordinances which it shall deem in the public interest
and most likely enhance and beautify the community forest.
A.
It is the duty of the adjacent owner (not including the City) to
prune trees located in the City right-of-way. When specifically provided
for in a City budgeted line item under the Public Works Department,
the City may aid in pruning of trees located in the City right-of-way
in an amount up to that financial limitation. Trees will be pruned
in such manner that they will not obstruct or shade the streetlights,
obstruct the passage of pedestrians on sidewalks, obstruct vision
of traffic signs, or obstruct view of any street or alley intersections.
The City will remove City-owned trees, including those located in
the right-of-way, which are determined to be hazardous by the Public
Facilities Director. It is the duty of the private property owner
to prune trees located in their property, which may endanger those
in the public right-of-way. The minimum clearance of any overhanging
portion thereof shall be 10 feet over sidewalks, 12 feet over all
streets, and truck thoroughfares shall have a clearance of 16 feet.
B.
No street
tree shall be planted closer than 30 feet from any street corner,
measured from the point of the nearest intersection of curb or curblines.
No street tree shall be planted closer than 10 feet from any hydrant.
C.
Trees shall
not interfere with the function of streetlights.
The Public Works Director or his/her designee shall have the
authority to recommend to the City Council promulgation of rules and
regulations governing the planting, maintenance, removal, fertilization
and pruning of trees on the street or other public sites in the City
and shall direct, regulate and control the planting, maintenance and
removal of all trees growing now or hereafter in public areas in Las
Vegas, New Mexico. The Public Works Director or his/her designee shall
cause the provisions of this chapter to be enforced.
It shall be unlawful as a normal practice for any person, firm
or City department to top any tree on public property. Trees severely
damaged by storms or other causes, or certain trees under utility
wires or other obstructions where other pruning practices are impractical,
may be exempted from this section at the determination of the Public
Works Director or his/her designee. If this language contradicts a
utility franchise agreement, the utility franchise agreement controls.
Unless specifically authorized by the Public Works Director
or his/her designee no person shall intentionally damage, cut or carve
any public tree or allow any liquid or solid substance, which is harmful
to such tree, to come in contact with it.
A.
All trees on any street or publicly owned property near any excavation
or construction of any building, structure or street work shall be
guarded with a substantial fence, frame, or box not less four feet
from the outer perimeter of the truck.
B.
No person shall deposit, place, store or maintain upon any public
place of the City any stone, brick, sand, concrete, or other material
which may impede the free passage of water, air or fertilizer to the
roots of any tree growing therein except by written permit of the
Public Works Director or his/her designee.
Scope of requirements. Property owners shall consult with the
Public Works Director or his/her designee on any of the following
acts:
A.
Cultivate, treat, prune, remove, or otherwise disturb any tree on
public places.
B.
Trim, prune, or remove any tree or portions thereof if such tree
or portions thereof reasonably may be expected to fall on any public
place.
C.
Place on public places, either above or below ground level, a container
or tree or other plants.
D.
Damage, cut, tap, carve or transplant any tree, shrub or other plant
located on any public place.
E.
Attach any wire, nail, sign, poster, or any other man-made object
to any tree or other plant located on any public place.
It shall be unlawful for any person to prevent, delay or interfere
with the Public Works Director or his/her designee, the Tree Board,
or any of its representatives or agents while engaging in the planting,
cultivating, mulching, pruning, spraying and removing of any tree
within public property.
Any person violating or failing to comply with any provisions
of this chapter shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined a sum of no less than $50 and no more than
$1,000 and/or 30 days in jail.
