This division shall be known and may be cited as the municipal
tree ordinance of the Town.
(1971 Code, sec. 15 1/2-1)
For the purpose of this division, the following terms, words
and their derivations shall have the meaning given herein:
Director.
The Director of Parks for the Town.
Person.
Any person, firm, partnership, association, corporation or
organization of any kind.
Public land.
Any public land of the Town, including but not limited to
parks, public parkways, streets, alleys, easements, and land around
public buildings.
(1971 Code, sec. 15 1/2-2)
(a) There
is hereby created and established a Tree Advisory Committee for the
Town, which shall consist of the Town Administrator, the Director
of Public Works and the Director of Parks. In addition, the Mayor
may appoint as many additional members as deemed necessary with the
approval of the Town Council. This Committee shall serve in an advisory
capacity to the Town Council.
(b) It
shall be the responsibility of the Committee to develop a written
plan for the planting, preservation, trimming, care and removal of
trees, shrubs, and other plant material in the public parkways, streets,
alleys, and easements within the Town. Such plan, when approved by
the Town Council, shall constitute the official comprehensive urban
forestry plan of the Town. The plan shall be reviewed annually and
updated as deemed appropriate by the Town Council.
(1971 Code, sec. 15 1/2-13)
The Park Department of the Town shall have jurisdiction over
all trees, shrubs and grassy areas in all public places within the
Town.
(1971 Code, sec. 15 1/2-3)
During a period of Town emergency such as a hurricane, tropical
storm, freeze or flood, or any other act of God, the requirements
of this division may be waived by the Town Council.
(1971 Code, sec. 15 1/2-12)
Any resident of the Town who resides contiguous to the public
right-of-way is specifically granted authority by the Town to care
for those trees and shrubs in that portion of the right-of-way contiguous
to his or her property. The authority granted to the resident of any
property contiguous to the public right-of-way to care for trees and
shrubs in the public right-of-way shall include the right to prune,
cut or spray such trees and shrubs as he or she may see fit, as it
is the policy of the Town to encourage its residents to be responsible
for the care and beauty of the parkways of the Town adjacent to their
property. The authority here given to any resident to care for the
public right-of-way contiguous to his or her parkways shall not be
construed in any manner to infringe upon the superior rights of the
Town and its residents to use the parkway and streets for the purposes
for which they were dedicated.
(1971 Code, sec. 15 1/2-4)
It shall be the responsibility of the Town to remove from the
public land trees or shrubs which are diseased or dying, and trees
or shrubs which, due to their existing condition, constitute, in the
opinion of the Town, a threat to the safety and welfare of the general
public. The owners of private property contiguous to a public right-of-way
may, upon the written approval of the Town, remove trees and shrubs
from the right-of-way. All stumps of street and park trees shall be
removed below the surface of the ground so that the top of the stump
shall not project above the surface of the ground.
(1971 Code, sec. 15 1/2-5)
It shall be unlawful for any person to intentionally damage,
cut or carve any public tree or shrub. Unless specifically authorized
by the Town, no person shall transplant or remove any public tree
or shrub. It shall be unlawful for any person to attach any rope,
wire, nails, advertising posters or other contrivance to any public
tree or shrub; allow any gaseous liquid or solid substance which is
harmful to such public trees or shrubs to come in contact with any
public tree or shrub; or set fire or permit any fire to burn when
such fire or heat thereof will injure any portion of any public tree
or shrub.
(1971 Code, sec. 15 1/2-6)
(a) The
following listed tree species are the only trees that shall be planted
on any public land within the Town, and they shall be planted no closer
to another tree than twenty (20) feet:
Small Trees
|
Medium Trees
|
Large Trees
|
---|
Redbud
|
Golden raintree
|
Live oak
|
Hawthorn
|
Bald cypress
|
Bur oak
|
Flowering dogwood
|
Sweetgum
|
Red oak (Shumard)
|
Crape myrtle
|
Caddo maple
|
Water oak
|
Gum elastic
|
Slash pine
|
Chinese pistachio
|
Mesquite
|
Big tooth maple
|
Cedar elm
|
|
River birch
|
Pecan
|
|
Western soap berry
|
|
|
Chinese elm (Parvifolia)
|
|
|
Austrian pine
|
|
|
Calleryana pear
|
|
(b) Any
person desiring to plant a tree or shrub in any public place within
the Town other than the approved trees shall submit their request
in writing to the Tree Advisory Committee for consideration.
(c) No
trees may be planted closer to any curb or sidewalk than the following:
small trees, two (2) feet; medium trees, three (3) feet; and large
trees, four (4) feet.
(d) No
public tree or shrub shall be planted closer than twenty-five (25)
feet of any street corner, measured from the point of the nearest
intersection, curbs or curblines. No public tree shall be planted
within ten (10) feet of any fire hydrant, streetlight, traffic-control
device or alley intersection.
(e) No public trees other than those species listed as small trees in subsection
(a) of this section may be planted under or within ten (10) lateral feet of any overhead utility wire. No public tree may be planted which is located more than twelve (12) inches into any alley or easement used for sanitation collection or public or private utilities.
(1971 Code, sec. 15 1/2-7)
The Town shall have the right to plant, trim, spray, preserve
and remove trees, plants and shrubs within the lines of all streets,
alleys, avenues, lanes, and public grounds, as may be necessary when
servicing Town utilities or to preserve the symmetry and beauty of
such public grounds. The Town may remove, or cause to be removed,
any tree, plant or shrub, or any part thereof, which is located on
public streets, parkways, easements, and other municipal-owned property
which is injurious to sewers, electric power lines, gas lines, water
lines or other public improvements or interferes with maintenance
or replacement thereof.
(1971 Code, sec. 15 1/2-8)
(a) All
trees and shrubs on any street or other publicly owned property within
ten (10) feet of any excavation or construction of any building, structure,
or street work shall be guarded and all building material, dirt, or
other debris shall be kept outside the barrier.
(b) It
shall be unlawful for any person to excavate any ditches, tunnels,
or trenches or construct any drive within a radius of ten (10) feet
from any public tree or shrub without first obtaining a written permit
from the Town.
(1971 Code, sec. 15 1/2-10)
It shall be unlawful for any person to deposit, place, store,
or maintain upon any public place of the municipality any stone, brick,
sand, concrete, or other materials which may impede the free passage
of water, air, and fertilizer to the roots of any tree or shrub growing
therein, except by written permit from the Town.
(1971 Code, sec. 15 1/2-11)
(a) It
shall be the responsibility of any person or persons owning or occupying
real property contiguous to the public right-of-way, upon whose property
there may be trees or shrubs, to prune such trees or shrubs in such
manner that they will not obstruct or shade the streetlights, obstruct
the passage of pedestrians on public sidewalks, obstruct vision of
traffic signs, or obstruct the public view of any street or alley
intersection. The minimum clearance of any overhanging portion of
a tree or shrub shall be eight (8) feet over sidewalks, and ten (10)
feet over all streets except Preston Road, which shall have a clearance
height of sixteen (16) feet over the street.
(b) Should
any person or persons owning or occupying real property bordering
on any street fail to prune trees or shrubs as hereinabove provided,
the Town shall order such person or persons, within ten (10) days
after receipt of written notice, to so prune such trees or shrubs.
Failure to prune such tree or shrub shall constitute a violation of
this division.
(1971 Code, sec. 15 1/2-9)
(a) Prohibited conditions.
It shall be unlawful for any
person, firm, or corporation to grow any tree, bush, or plant abutting
a public place which causes a hazard to public places or interferes
with the proper lighting of public streets.
(b) Trimming or removal by Town.
Should any owner of any
lot or lots within the Town fail to trim or remove any tree, bush,
or plant which causes a hazard to a public place or which interferes
with proper lighting of public streets within ten (10) days after
notice in writing by the Town or by letter addressed to such owner
at his post office address to do so, then in that event, the Town
may do such trimming and cutting down and/or removing of any tree,
bush, or plant which causes a hazard to a public place or which interferes
with proper lighting of public streets, or cause the same to be done
and may pay therefor, and charge the expenses incurred in doing such
work or having such work done to the owner of such lot or lots or
real estate; and if such work is done by the Town then such expenses
shall be assessed on the real estate or lot or lots on which such
expenses were incurred.
(c) Lien for Town’s expenses.
The Mayor, Town Administrator, or Director of Public Works shall file with the County Clerk a statement of such expenses incurred under subsection
(b) of this section giving the amount of such expenses and the date on which the work was done; and the Town shall have a privileged lien on such lot or lots or real estate upon which said work was done to secure the expenditures so made in accordance with the provisions of V.T.C.A., Health and Safety Code, chapter 342, which said lien shall be second only to tax liens and liens for street improvements; and said amount shall bear ten percent (10%) interest from the date said statement was filed. It is further provided that, for any such expenditures and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien shall be had in the name of the Town; and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work.
(d) Penalty.
Any person or entity violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section
1.01.009 of this code. In case the owner or occupant of any lot, lots or premises under the provisions of this section shall be a corporation, and shall violate any provision of this section, the president, vice-president, secretary, and/or treasurer of such corporation, and/or any manager, agent, or employee of such corporation, shall be also severally liable for the penalties herein provided.
(1971 Code, sec. 14-9)