The City of Lubbock, through the director of parks and recreation,
is hereby given authority over all trees, plants, and shrubs located
within parkways, parks and any land owned by the city to which the
public has free access within the City of Lubbock. This authority
is in addition to and in conjunction with any authority previously
granted to the city, any city department, or public utility company
over any trees, shrubs or plants interfering with or obstructing their
property, easements or rights-of-way.
(1983 Code, sec. 19-45; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 11,
adopted 3/2/2011)
(a)
Recommended street tree species.
The following list
constitutes recommendations for trees to be planted as street trees
along thoroughfares within the City of Lubbock, Texas:
(1)
Small trees.
Crabapple, golden rain tree, hawthorne
(sp.), ornamental pear, redbud, soapberry, crape myrtle, Japanese
lilac, desert willow, Russian olive, possumhaw holly, yaupon holly,
mesquite, Mexican plum, pinion pine.
(2)
Medium trees.
Eldarica pine, Austrian pine, cedar elm,
bald cypress, live oak, honey locust, pistachio (sp.), ketleeri juniper.
(3)
Large trees.
Pecan, bur oak, red oak, deodar cedar,
sweetgum, lacebark elm.
(b)
Prohibited street tree species.
The following list constitutes
tree species which are prohibited from being planted as street trees
along thoroughfares within the City of Lubbock, Texas. The director
of parks and recreation may provide exceptions to this subsection
only upon a written request to him detailing the basis for such exception:
(1)
Mimosa, hackberry, ash, fruitless mulberry, sycamore, cottonwood,
willow, American elm, Siberian elm, maple, magnolia, tree of heaven,
poplar.
(2)
Conifers, evergreens and pines are also prohibited unless they are
pruned to a clearance of six (6) feet from the adjacent walk and curb
at installation.
(1983 Code, sec. 19-46; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 12,
adopted 3/2/2011)
(a)
The spacing of street trees along thoroughfares will be in accordance
with the three (3) species size classes (large trees, medium trees,
small trees). No street trees along thoroughfares will be planted
closer together than the following:
(b)
The director of parks and recreation may provide exceptions to the
requirements outlined in this section only upon a written request
to him detailing the basis for such exception.
(1983 Code, sec. 19-47; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 13,
adopted 3/2/2011)
(a)
The distance trees may be planted from curbs or curblines and sidewalks
along thoroughfares will be in accordance with the three species size
classes (large trees, medium trees, small trees). No trees along thoroughfares
may be planted closer to any curb or sidewalk than the following:
(b)
The director of parks and recreation may provide exceptions to the
requirements outlined in this section only upon a written request
to him detailing the basis for such exception.
(1983 Code, sec. 19-48; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 14,
adopted 3/2/2011)
No street trees along thoroughfares other than small trees may
be planted under or within ten (10) lateral feet of any overhead utility
wire, or over or within five (5) lateral feet of any underground water
line, sewer line, transmission line or other utility.
(1983 Code, sec. 19-49; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 15,
adopted 3/2/2011)
The nonconforming use of any land upon the effective date of
this article may be continued provided that no such nonconforming
use of land shall in any way be expanded or extended either on the
same or adjoining property, that if such nonconforming use of land
or any portion thereof is discontinued or changed, any future use
of such land or portion thereof shall be in conformity with the provisions
of this article, and further that the right to continue such nonconforming
uses shall be subject to regulations prohibiting the creation of a
nuisance and shall terminate when inappropriate use of the premises
produces a condition which constitutes a nuisance. This provision
only applies to trees, shrubs, bushes or other woody vegetation within
any public right-of-way or parkway of a thoroughfare street within
the city and that is currently in compliance with all provisions and
regulations of the city code as of the effective date of this article.
(1983 Code, sec. 19-50; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 16,
adopted 3/2/2011)
(a)
The City of Lubbock or its agent shall have the right to plant, prune, maintain and remove trees, shrubs, bushes or other woody vegetation within the public right-of-way or on land designated by the city as a public park, or on any land owned by the city to which the public has free access, as may be necessary to ensure public safety, to preserve or enhance the symmetry and beauty of public trees, or which by reason of their nature are injurious to sewers, electric power lines, gas lines, water lines, stormwater drainage lines, traffic control signage and devices, or other public improvements, or is a nuisance as defined under chapter 14 of this code.
(b)
This section does not prohibit the planting of street trees by adjacent
property owners provided that the selection and location of said trees
are in accordance with this article.
(1983 Code, sec. 19-51; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 17,
adopted 3/2/2011)
(a)
Every owner of any tree overhanging any street, roadway, or parkway within the city shall prune the branches so that there shall be a clear space of six (6) feet above the surface of the adjacent street, curb or sidewalk. Every owner of any tree, bush, or shrub shall prune the branches so that such branches will not obstruct the light from any streetlamp, obstruct the view of any street intersection or obstruct the view of any traffic-control device or sign. Further, said owners shall remove all dead or diseased trees, trees which constitute a threat to the safety of the public, broken or decayed limbs which constitute a threat to the safety of the public, or any tree which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, stormwater drainage lines, traffic control signage and devices, or other public improvements, or is a nuisance as defined under chapter 14 of this code.
(b)
Any tree, shrub, bush or other woody vegetation in violation of the
above provision is hereby declared a public nuisance.
(c)
The maintenance of any obstruction prohibited by this article shall be called to the attention of the owner of the premises in writing. Any notice given under this provision shall comply with the notice provisions of chapter 14 of this code.
(d)
If the nuisance has not been removed within the time specified in
the notice from the date the notice was delivered, the city or its
agent shall have the right to enter upon private property and prune
or remove any tree, shrub, bush or other woody vegetation when it
interferes with the proper spread of light along the street from any
streetlamp, interferes with the visibility of any street intersection,
or obstructs any traffic-control device or sign.
(e)
The owner or occupant of the private property found in violation of this provision may appeal the finding of the city according to the provisions outlined in chapter 14 of this code.
(f)
Any cost associated with any work conducted by the city or its agent in the enforcement of this provision may be assessed against the property owner according to the provisions of chapter 14 of this code.
(g)
The city retains the authority to prune or remove, without notice
to the property owner, any tree, shrub, bush or plant on or overhanging
public property, found to be an imminent threat to public safety.
(1983 Code, sec. 19-52; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 18,
adopted 3/2/2011)
All stumps of street and park trees shall be removed to a depth
of six (6) inches below the surface of the ground. Soil shall be filled
in place of the removed stump to achieve an even grade with the existing
adjacent grade.
(1983 Code, sec. 19-53; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 19,
adopted 3/2/2011)
It shall be unlawful for any individual, person, or firm to
top any street tree, park tree or other tree on public property. Topping
shall be defined as the severe cutting back of limbs to stubs larger
than three (3) inches in diameter within the tree’s crown to
such a degree so as to remove the normal canopy and disfigure the
tree. 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 article at the
determination, in writing, by the director of parks and recreation.
(1983 Code, sec. 19-54; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 20,
adopted 3/2/2011)
It shall be unlawful for any person to prevent, delay or interfere
with the city or its agent, while engaging in the performance or enforcement
of any of the provisions contained in this article.
(1983 Code, sec. 19-55; Ordinance 10130, sec. 1, adopted 1/14/1999; Ordinance 2011-O0021, sec. 21,
adopted 3/2/2011)
