As used in this Article, the following words and phrases shall have the meanings indicated:
Damage
means 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.
Nuisance
means 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
means 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
means all grounds and rights-of-way (ROWs) owned or maintained by the City.
Public tree
means any tree or woody vegetation on city-owned or city-maintained property or rights-of-way.
Top or topping
means 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 2020-65, § I, adopted 11/23/2020)
(a) 
Delegation of authority and responsibility.
The parks and recreation director and/or his designee, hereinafter referred to as the "director," shall have the authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all city streets, rights-of-ways, city parks, and other 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 will coordinate as necessary with the director and will provide services as required to ensure compliance with this article 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 or his agents while engaged in carrying out the execution or enforcement of this article.
(Ordinance 2020-65, § I, adopted 11/23/2020)
The city commission hereby names the Keep McAllen Beautiful board of directors as the city's tree advisory board hereinafter referred to as the "board," which shall have the following duties:
The board shall act in an advisory capacity to the director and shall:
(a) 
Coordinate and promote Arbor Day activities;
(b) 
Review and update a five-year plan to plant and maintain trees on city property;
(c) 
Support public awareness and education programs relating to trees;
(d) 
Review city department concerns relating to tree care;
(e) 
Submit an annual report of its activities to the city commission;
(f) 
Assist with the annual application to renew the Tree City USA designation;
(g) 
Develop of a list of recommended trees for planting on city property; and
(h) 
Other duties that may be assigned by city commission.
(Ordinance 2020-65, § I, adopted 11/23/2020)
(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 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 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 2020-65, § I, adopted 11/23/2020)
(a) 
The owner of land adjacent to any city street or highway, when acting within the provisions of this article, 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 2020-65, § I, adopted 11/23/2020)
(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 to any public tree without written authorization from the director.
(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 2020-65, § I, adopted 11/23/2020)
Any person, firm or corporation violating any provision of this article shall be deemed guilty of a misdemeanor and shall be subject to a fine not to exceed $500.00 for each offense in accordance with section 1-14 of the McAllen Code of Ordinances.
(Ordinance 2020-65, § I, adopted 11/23/2020)