It is the purpose of this article to preserve the environmental,
economic, health, and aesthetic value of the city's trees, which includes
reduction of air pollution by particulates, carbon dioxide, and other
gases, return of oxygen to the atmosphere, reduction of soil erosion
and water runoff, climate control and resulting energy savings, acting
as noise buffers and light shields, and increasing property values,
and to enhance the desirability of the city by requiring careful site
planning and the protection of trees during construction in and abutting
public areas, controlling unnecessary tree removal, requiring tree
replacement, prohibiting intentional cutting or clearing of trees
on public property and encouraging the increase of the canopy cover
in the city.
(1999 Code, sec. 1.2701)
Vegetation located on public right-of-way is hereby defined
as trees, shrubs, bushes and all other woody vegetation on land lying
between the curb, pavement line and the property lines of either side
of all public streets, public avenues, or public ways within the city.
This also includes vegetation located on city street rights-of-way,
easements, alleys, circles, cul-de-sacs and parks.
(1999 Code, sec. 1.2702)
Anyone intentionally damaging, cutting, carving, transplanting,
or removing any vegetation; attaching any rope, wire, nails, advertisements,
posters, or other contrivance to any vegetation; allowing any gaseous,
liquid, or solid substance which is harmful to such vegetation to
come in contact with them; or setting fire or permitting any fire
to burn when such fire or the heat thereof will injure any portion
of any vegetation when such vegetation is located within any public
park or located on any public easement or right-of-way or on any other
real property belonging to the city shall be guilty of a misdemeanor
and fined up to $200.00 for each violation.
(1999 Code, sec. 1.2707)
The public works director or the director's designee shall be
responsible for the management of vegetation on public rights-of-way,
parks, easements and other public property, including but not limited
to planting, pruning, maintaining, replacement, and removal of all
trees located within said areas. Board members of Keep Katy Beautiful
are hereby designated as a forestry advisory board to assist the vegetation
manager in implementing the goals and duties set out in this article.
(1999 Code, sec. 1.2703)
The public works director or the director's designee shall:
(1)
Develop
a tree plan, which shall be updated annually, surveying all vegetation,
identifying vegetation requiring removal, identifying areas needing
additional trees, identifying vegetation needing pruning or other
maintenance, and identifying vegetation threatened by development
or encroachment of construction, such plan to be developed and maintained
so as to qualify the city for Tree City status;
(2)
Recommend
supplemental watering plans during periods of drought;
(3)
Provide
for protection of endangered vegetation during periods of construction;
and
(4)
Recommend
replacement vegetation in those instances where vegetation has been
removed for construction of public utilities or other public improvements
or because of disease.
(1999 Code, sec. 1.2704)
(a)
All
trees on any street or other publicly owned property near any excavation
or construction of any building, structure, or street work shall be
guarded with a good substantial fence, frame, or box. The construction
tree guard shall be not less than four (4) feet high and eight (8)
feet square, or at a distance in feet from the tree trunk equal to
the diameter of the trunk at breast height in inches, whichever is
greater. All building material, dirt, or other debris shall be kept
outside the construction tree guard. The party performing the work
for or on behalf of the city shall be responsible for providing and
installing the construction tree guard.
(b)
Every
contract between the city and any contractor shall include a provision
that holds the contractor responsible and liable for any damage to
trees that are determined to have significant environmental, economic,
health, historic and/or aesthetic value to the citizens and city.
(1999 Code, sec. 1.2705; Ordinance 2662 adopted 9/29/14)
No person shall intentionally damage, cut, carve, transplant,
or remove any vegetation; attach any rope, wire, nails, advertisements,
posters, or other contrivance to any vegetation; allow any gaseous,
liquid, or solid substance which is harmful to such vegetation to
come in contact with them; or set fire or permit any fire to burn
when such fire or the heat thereof will injure any portion of any
vegetation when such vegetation is located within any public park
or located on any public easement or right-of-way or on any other
real property belonging to the city.
(1999 Code, sec. 1.2706)
