The purpose of this article is to enhance the quality of life and the present and future health, safety, and welfare of the city’s citizens, to enhance property values, and to ensure proper planting and care of trees located on public property. The city council has delegated the authority and responsibility for managing and caring for public trees to the parks and recreation board, has established practices governing the planting and care of trees on public property, and has made provisions for the emergency removal of trees on public property under certain conditions.
(Ordinance 2206-20 adopted 8/18/20)
The following words, terms, and phrases, when used in this article, shall have the meanings respectively ascribed to them herein, except where the context clearly indicates a different meaning:
Board.
The city’s parks and recreation board.
City.
The City of DeSoto, Texas.
Damage.
Any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
Director.
The director of parks and recreation or designee.
Nuisance.
Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety and welfare.
Parkway.
The area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.
Public Property.
All public streets, alleys, rights-of-way, parks, public places and other property owned or controlled by the city.
Public Tree.
Any tree or woody vegetation on public property.
Top or Topping.
The non-standard practice of cutting back of limbs to stubs within a tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
(Ordinance 2206-20 adopted 8/18/20)
(a) 
Authority.
The director shall have the authority and responsibility to plant, prune, maintain and remove trees plant, prune, maintain and remove trees and woody plants growing in or upon all public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
(b) 
Coordination Among City Departments.
All city departments shall coordinate with the director and provide services as required to ensure compliance with this division as it relates to streets, alleys, rights-of-way, drainage, easements and other public properties not under direct jurisdiction of the director.
(c) 
Interference.
No person shall hinder, prevent, delay, or interfere with the director while engaged in carrying out the execution or enforcement of this article.
(Ordinance 2206-20 adopted 8/18/20)
(a) 
Tree Advisory Board.
The parks and recreation board shall serve as the tree advisory board.
(b) 
Term of Office.
The tree advisory board members’ term of office shall be the same as the term of office for the parks and recreation board members.
(c) 
Officers.
The tree advisory board shall annually select one of the members to serve as chair, may appoint a second member to serve as vice-chair, and may appoint a third member to serve as secretary.
(d) 
Duties.
The tree advisory board shall act in an advisory capacity to the director and shall:
(1) 
Coordinate and promote Arbor Day activities;
(2) 
Review and update a five-year plan to plant and maintain trees on city property;
(3) 
Support public awareness and education programs relating to trees;
(4) 
Review city department concerns relating to tree care;
(5) 
Assist with the annual application to renew the Tree City USA designation;
(6) 
Develop of a list of recommended trees for planting on city property; and
(7) 
Other duties that may be assigned by the city council.
(Ordinance 2206-20 adopted 8/18/20)
(a) 
Standards.
All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 “Standards for Tree Care Operations” and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.
(b) 
Requirements of Franchise Utility Companies.
Franchise utility companies shall provide advance notice to the city of their intended non-emergency tree pruning schedule and location of impacted area. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards.
(c) 
Tree Species List.
The director shall develop and maintain an official list of desirable tree species for planting on public property in two size classes: Ornamental (20 feet or less in height at maturity) and shade (greater than 20 feet at maturity). Only trees from this approved list may be planted without written approval from the director.
(d) 
Planting Distances.
The director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within ten (10) feet of a fire hydrant.
(e) 
Planting Trees Under Electric Utility Lines.
Only trees listed as ornamental trees on the official city tree species list may be planted under or within fifteen (15) lateral feet of any overhead utility wire.
(f) 
Protection of Public Trees During Construction.
Any person, firm, corporation, or city department performing construction in the area of any public tree must employ appropriate measures to protect the tree, including, but not limited to, placing barriers around the tree to prevent any damage.
(Ordinance 2206-20 adopted 8/18/20)
(a) 
The owner of land adjacent to any city street or highway, when acting within the provisions of this division, may plant and maintain trees in the adjacent parkway area. Property owners are responsible for the reasonable and routine maintenance of trees and other landscaping in the adjacent parkway area.
(b) 
No property owner shall allow a tree, or other plant growing on his or her property or within the adjacent parkway to obstruct or interfere with pedestrians or the view of drivers, thereby creating a hazard. If an obstruction persists, the director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the city may undertake the necessary work and charge the cost to the property owner.
(Ordinance 2206-20 adopted 8/18/20)
(a) 
It shall be unlawful for any person, firm or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the director.
(b) 
It shall be unlawful for any person, firm or corporation to attach any cable, wire or signs or any other object to any street, park, or public tree.
(c) 
It shall be unlawful for any person, firm or corporation to “top” any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the director.
(Ordinance 2206-20 adopted 8/18/20)
Any tree or limb thereof, on private property determined by the director to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the city may require its treatment or removal. Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property. The city may remove such trees at the owner’s expense if the owner does not comply with treatment and/or removal as specified by the director within the written notification period.
(Ordinance 2206-20 adopted 8/18/20)
Any person, firm or corporation violating any provision of this division shall be deemed guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars ($500.00) for each offense.
(Ordinance 2206-20 adopted 8/18/20)
All appeals to a violation shall be heard by city council.
(Ordinance 2206-20 adopted 8/18/20)
The following activities are exempt from the regulations set forth in this division:
(1) 
Removal of Protected Tree.
Whenever the removal of a protected tree is authorized for an activity by this subsection. The activity also is exempt from any other obligation imposed by these regulations related to protection of trees.
(2) 
Pre-Existing Public Contracts.
Removal of a protected tree on city property or right-of-way for which a design contract has been awarded by the city council on or before the effective date of these regulations.
(3) 
Pre-Existing Paved Surfaces.
Replacement or maintenance of any paved surface that existed on or before the effective date of these regulations and that is located within the critical root zone of a protected tree.
(4) 
Public Utilities and Infrastructure.
Removal of a protected tree by the city, another governmental entity or a public utility in any right-of-way or easement owned by, dedicated to and accepted by the city.
(Ordinance 2206-20 adopted 8/18/20)