The following words and phrases of §§
409-1 through
409-10 shall have the meanings respectively ascribed to them by this section:
ADMINISTRATION
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.
NUISANCE/HAZARD/DISEASED TREES
Dead, defaced, broken, dangerous, diseased trees with severe
structural damage, or trees interfering with views of traffic or pedestrians.
PROPERTY OWNER
The person owning such property as shown on the records of
the San Miguel County Assessor's office.
PRUNE
To remove dead or living branches from a tree or plant by
severing the branch just slightly above the branch collar.
PUBLIC PLACES
Includes all streets, highways, parks and grounds owned by
the City of Las Vegas.
PUBLIC TREES
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.
RIGHT-OF-WAY
Land owned by the public for travel access or utility use.
STREET or HIGHWAY
The entire width of every public way, to include all rights-of-way.
TOPPING or ROUNDING
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.
TREE
Any plant, shrub or tree over 36 inches in height measured
from the ground level.
TREE BOARD
A group of people charged, generally by ordinance, with overseeing
the needs of the urban forest.
URBAN FOREST
Trees and related organisms in urban settings, whether small
towns, villages, communities, or large cities.
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.
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.