The purpose of this subchapter is to protect existing trees,
promote the planting of new trees, and establish a city policy regarding
the planting, maintenance, and removal of specified trees within the
city and its environs. The intent of this subchapter is that it apply
to all trees located on public property in the city limits.
For the purposes of this subchapter, the following terms shall
have the special meanings ascribed to them below, which shall govern
in case of any conflict with other definitions set forth in this code:
(A) PRIVATE TREE.
Any trees, shrubs, bushes, and
woody vegetation on private property.
(B) PUBLIC TREE.
Any trees, shrubs, bushes, and
woody vegetation on city parks or city-owned property.
(C) TOP OR TOPPING.
The indiscriminate cutting
of tree branches to stubs or lateral branches that are not large enough
to assume the terminal role. Topping shall include “heading,”
“tipping,” “hat racking” and “rounding
over.”
(Ordinance 893-07-06-26, passed 6-26-07; Ordinance 959-08-08-26, passed 8-26-08; Ordinance
1125-12-11-27, passed 11-27-12)
(A) Board
Membership.
The city council hereby creates an advisory
board known as the tree care advisory board, hereinafter referred
to as the board, and appoints the members of the parks and recreation
commission to serve as members of the board.
(B) Duties.
The duties of the board shall include:
(1) Coordinating
and promoting Arbor Day activities;
(2) Developing
and updating a five-year plan to plant and maintain trees on city
property;
(3) Developing
public awareness and education programs relating to trees;
(4) Reviewing
parks and recreation department concerns relating to tree care;
(5) Submitting
an annual report of its activities to the city council;
(6) Submitting
the annual application to renew the Tree City USA designation; and
(7) Other
duties that may he assigned by the city council.
(Ordinance 893-07-06-26, passed 6-26-07; Ordinance 959-08-08-26, passed 8-26-08; Ordinance
1125-12-11-27, passed 11-27-12)
(A) The
parks and recreation director and/or their designees shall have the
responsibility to plant, prune, maintain and remove trees and woody
plants on all city streets, rights-of-way, and/or city parks. The
parks and recreation director and/or their designee in appropriate
cases, and upon consultation with a property owner and written permission,
may remove or prune a tree on private property which threatens the
safety of those who may use a public place.
(B) Property
owners are responsible for the reasonable and routine maintenance
of trees on the right-of-way which is an extension of the property
owner’s front yard and/or setback. This shall include maintaining
a clearance over the sidewalk of eight feet (8').
(C) The
parks and recreation director or their designee may recommend the
removal of any tree or part of a tree that threatens the safety of
any person, property or structure or by reason of its location. This
shall include but is not limited to threats against electric lines,
telephone lines, gas lines or any municipal water or sewer lines or
any public improvement. Any tree which is affected by any injurious
fungus, insect or other damaging biotic organism may also be removed.
(D) No person
shall remove, destroy, prune, top or cause the removal, destruction,
pruning or topping of a tree on city property or in any city park
without first having obtained written permission for such removal,
destruction, pruning, or topping from the parks and recreation director.
(E) It shall
be unlawful for any person, firm or corporation to attach any cable,
wire, rope or sign to any city tree, plant or shrub without first
having obtained written permission from the parks and recreation director.
(Ordinance 893-07-06-26, passed 6-26-07; Ordinance 959-08-08-26, passed 8-26-08; Ordinance
1125-12-11-27, passed 11-27-12)
A Public Tree Fund shall be established for the planting of
new trees and the maintenance thereof on public property. All fine
monies received for infractions of the Public Tree Care Ordinance
shall be contributed to the Public Tree Fund. All tree mitigation
monies received shall be contributed to the Public Tree Fund.
(Ordinance 893-07-06-26, passed 6-26-07; Ordinance 959-08-08-26, passed 8-26-08; Ordinance
1125-12-11-27, passed 11-27-12)
Any person who shall violate any of the provisions of this subchapter
or fail to comply therewith shall be deemed guilty of a Class C misdemeanor
and, upon conviction, shall be fined not less than $100.00 nor more
than $500.00. This offense is hereby declared to be a strict liability
offense and the culpable mental state required by Chapter 6.02 of
the Texas Penal Code is hereby specifically negated and clearly dispensed
with. Each day that the violation occurs shall constitute a distinct
and separate offense.
(Ordinance 893-07-06-26, passed 6-26-07; Ordinance 959-08-08-26, passed 8-26-08; Ordinance
1125-12-11-27, passed 11-27-12)