Before the city may provide landscaping services, including
tree trimming, tree disposal, remediation, cleanup and recycling services,
on private property to protect the public health, safety, or welfare,
the city council must make certain findings pursuant to chapter 756,
subchapter G of the Health and Safety Code. Therefore, the city council
makes the following findings:
(1) That
trees and other vegetation on private property and within street rights-of-way,
if not properly trimmed, may obstruct the view of traffic-control
devices and the view of approaching traffic and pedestrians’
use of sidewalks;
(2) That
the obstructions constitute a safety concern;
(3) That
the city’s ordinance requires that trees and other vegetation
be kept trimmed to address these safety concerns; and
(4) That
property owners are required to correct the obstruction within 30
days of the date the city notifies the owner of the obstruction.
(Ordinance 2016-03-24B adopted 3/24/16; 2014 Code, sec. 73.07)
In this article:
Visibility triangle
means an imaginary triangle located on property located at
the corner of intersecting streets. The first two sides of a visibility
triangle are drawn by measuring a distance of 25 feet from the street
corner intersection of the curb line parallel to the curb line. The
third side is established by drawing a diagonal line intersecting
the two curb points. If there is no curb, the measurements are made
along the edge of the street pavement.
(Ordinance 2016-03-24B adopted 3/24/16; 2014 Code, sec. 73.08)
It is unlawful for a person to knowingly place or maintain in
a visibility triangle or right-of-way any object permanently affixed
to the ground and having a height greater than three feet above the
pavement surface of the nearest abutting street.
(Ordinance 2016-03-24B adopted 3/24/16; 2014 Code, sec. 73.09)
It is unlawful for a person to knowingly place or maintain a
tree or allow branches of a tree to extend into a visibility triangle
or right-of-way unless the branches are pruned so that:
(1) They
do not substantially obstruct a motorist’s view of traffic-control
devices;
(2) There
is a clear space from the public street surface to 14 feet above the
street surface on a residential street (a residential street means
any street not shown as a freeway, highway, arterial or major collector
on the city’s thoroughfare plan);
(3) There
is a clear space from the public street surface to 14 feet above the
street surface on a nonresidential street (a nonresidential street
means any street shown as a freeway, highway, arterial or major collector
on the city’s thoroughfare plan); and
(4) There
is a clear space from the public sidewalk surface to eight feet above
the sidewalk surface.
(Ordinance 2016-03-24B adopted 3/24/16; 2014 Code, sec. 73.10)
It is unlawful for a person to knowingly plant or maintain any
tree or maintain any object permanently affixed to the ground within
three feet of a fire hydrant.
(Ordinance 2016-03-24B adopted 3/24/16; 2014 Code, sec. 73.11)
Any person who shall violate any of the provisions of this article shall be fined in accordance with the general penalty provided in section
1.01.009 of this code.
(Ordinance 2016-03-24B adopted 3/24/16; 2014 Code, sec. 73.12; Ordinance adopting 2021 Code)