It shall be unlawful for any individual or group of individuals to participate in any activity on any park or playground area when such activity will create a danger to the public or may be considered a public nuisance.
(Code 1974, § 12-2(a))
All parks will henceforth have hours of operation during which the public may use said park; those hours will be from 5:00 a.m. to 11:00 p.m. unless otherwise posted at a park or facility. It shall be unlawful for any person or persons to use, loiter, congregate, trespass or assemble in a park at times other than during the hours of operation, unless the use is for an event or sporting activity which is supervised and approved by the director of parks and community services, or his designee. The city manager may authorize hours of park use, different from those stated above, if the city manager deems it in the public interest. City employees and law enforcement officers, utility company employees and their contractors working within dedicated easements, or persons as otherwise designated by the city manager, may enter the aforesaid park at any time in the course of their employment.
(Code 1974, § 12-2(b); Ordinance 1728, § I, 3-14-06; Ordinance 1763, § 1, 11-28-06; Ordinance 1953, § 1, 4-10-12)
It shall be unlawful and an offense under this code for any person to swim in or operate or ride in any boat, canoe, kayak, any type of water craft or floatation device, in or upon any pond, lake or other body of water within any city park or playground or other city-owned property. This prohibition shall not apply to any public or private swimming pool located within the city.
(Ordinance 1763, § 2, 11-28-06)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
means trees, shrubs, bushes and all other woody vegetation on land lying between the curb, pavement line and the property lines on either side of all streets, avenues or ways within the city.
(Code 1974, § 2-86)
There is hereby created and established a tree board for the city, which shall consist of the members of the parks and leisure services board of the city.
(Code 1974, § 2-87)
The tree board shall choose its own officers, make its own rules and regulations, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(Code 1974, § 2-90)
Members of the tree board shall serve without compensation.
(Code 1974, § 2-88)
(a)
It shall be the responsibility of the tree board to study, investigate, counsel and develop and/or update annually a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in public ways, streets and alleys. Such a plan will be presented annually to the city council and, upon acceptance and approval of the city council, shall constitute the official comprehensive city tree plan for the city.
(b)
The tree board, or its agent, shall be responsible for the planting, pruning and removal of all trees located within the street rights-of-way, easements, alleys and parks of the city. The owner of land abutting on any street may, when acting within the provisions of this chapter, prune, spray, plant or remove trees in that part of the street abutting his land. Permission of the tree board shall only be required when the owner of the abutting property intends to deviate from the rules and regulations contained in this chapter.
(c)
The board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.
(Code 1974, § 2-89)
The following species of street trees may be planted in the city:
Small Trees | Medium Trees | Large Trees |
|---|---|---|
Redbud | Golden raintree | Live oak |
Hawthorn | Bald cypress | Bur oak |
Flowering dogwood (except southwest part of city) Crepe myrtle | Sweetgum (except in southwest part of city) Caddo maple | Red oak (shumard) Water oak (except southwest part of city) |
Japanese black pine Gum elastic | Loblolly pine (except southwest part of city) | Chinese pistachio Cedar elm |
Arizona cypress | Slash pine | Chinese tallow |
Eastern red cedar | Big tooth maple | Southern magnolia |
Mesquite | River birch | Pecan |
Mexican plum | Deodar cedar | |
Callary pear | Desert willow | |
Western soap berry | ||
Chinese elm (parvifolia) |
(Code 1974, § 2-91)
The spacing of street trees will be in accordance with the three species size classes listed in section 54-51, and no trees may be planted closer together than the following without approval of the tree board: small trees, 20 feet; medium trees, 30 feet; and large trees, 40 feet.
(Code 1974, § 2-92)
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in section 54-51, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet; in accordance with existing city ordinances.
(Code 1974, § 2-93)
No street tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be placed closer than ten feet of any fire hydrant.
(Code 1974, § 2-94)
No street trees other than those species listed as small trees in section 54-51 may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
(Code 1974, § 2-95)
(a)
Every owner of any woody vegetation overhanging any street or right-of-way within the city shall trim the vegetation so that it shall not obstruct the light from any street lamp, obstruct the view of any intersection, obstruct the free passage of any sidewalk or the free passage of any street or alley designated for public use.
(b)
All woody vegetation overhanging a public right-of-way used as a public street, or a platted alleyway used for mutual access, shall be maintained at a minimum height of 15 feet above the road surface measured at the back of the curb or one foot behind the edge of the pavement if there are no curbs present.
(c)
All woody vegetation overhanging a public sidewalk or other right-of-way area not described in subsection (b) shall be maintained so that there shall be a clear space of eight feet above the surface of said sidewalk or right-of-way area.
(d)
The city shall have the right to trim or cause to be trimmed any woody vegetation maintained in violation of this ordinance without notice to the property owner when necessary to effect removal of vegetation that is rendering a street impassable, or creating an immediate hazard to life or property. Property owners will receive 20 days’ advance notice of the city’s intent to perform routine trimming of woody vegetation overhanging the right-of-way from private property in violation of this section. The city, and any member of the city council, city staff or contract employee, or contractor when acting for the city, shall not be rendered personally liable for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his or her duties in enforcing this code.
(e)
For purposes of the notification requirements listed under subsection (d), notification shall be made to the owner of record as reflected in the current tax roll. Notification can be made in person, by regular mail or through the use of a door hangar placed upon the front door of the property. A reasonable effort shall be made to notify an affected property owner of the city’s intent to trim vegetation in violation of the ordinance overhanging public rights-of-way located adjacent to the owner’s property. If personal service cannot be obtained and a valid address for a property owner cannot be obtained through the current tax roll, no further notification effort is required. No liability is assumed by the city, any member of the city council, city staff or contract employee, or contractor, if trimming occurs and notification was not made in accordance with this section for any reason.
(Code 1974, § 2-97; Ordinance 1762, § 2, 12-12-06)
The city shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure safety when servicing city utilities or to preserve the symmetry and beauty of such public grounds. The tree board may remove, or cause or order to be removed, any tree or part thereof which is located on public property or municipal utility easement which, by reason of its nature, is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is afflicted with any injurious fungus, insect or other pest.
(Code 1974, § 2-96)
It shall be unlawful for any person to prevent, delay or interfere with the tree board, or its authorized agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees and park trees as authorized in this article.
(Code 1974, § 2-98)
The city council shall have the right to review the conduct, acts and decisions of the tree board. Any person may appeal from any ruling or order of the tree board to the city council, who may hear the matter and make final decision.
(Code 1974, § 2-99)