[Ord. No. 1002-09, 9-8-2009]
The Mayor and City Council find that trees are recognized as a highly valued asset providing a more healthful and beautiful environment in which to live. Healthy trees reduce air pollution and some forms of noise pollution, provide energy-saving shade and cooling, furnish habitat for wildlife, enhance aesthetics and property values, and are an important contributor to community image, pride, and quality of life. The Mayor and City Council want to establish a recognized standard of tree planting and maintenance on public and easement-laden lands in the City, to protect trees and shrubs on public and easement-laden lands from willful and/or negligent harm and to provide for active and continuing programs for public education about, and management of, trees.
[Ord. No. 1002-09, 9-8-2009]
This article establishes regulations and goals necessary to ensure that the City will continue to realize the benefits provided by its Tree Board and to increase such benefits. The provisions of this article are enacted to:
(1) 
Increase and maintain an acceptable amount of tree cover on public lands in the City.
(2) 
Maintain City trees in a healthy and nonhazardous condition through good arboricultural practices.
(3) 
Provide a stable and sustainable City forest through proper species and age distribution.
(4) 
Make tree care on public property more efficient.
(5) 
Educate the general public in an effort to encourage the accomplishment of the above-listed goals on private property.
[Ord. No. 1002-09, 9-8-2009; Ord. No. 2040-26, 6-2-2026]
There is created and established a City Tree Board for the City of Albertville, Alabama, which shall consist of five members that are residents of the City. There will also be three ex officio members; one of the three shall be an officer of the AHS Green Club, all of which shall be appointed by the Mayor with the approval of the Council. In the absence of an appointed City Tree Board, the duties of the City Tree Board may be performed by the Keep Albertville Beautiful (KAB) Board until a City Tree Board is appointed.
[Ord. No. 1002-09, 9-8-2009]
The term of the five persons shall be three years except that the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.
[Ord. No. 1002-09, 9-8-2009]
The Tree Board shall conduct regular monthly meetings and other called meetings as needed. It shall make its own rules of order, keep records of its proceedings, and annually elect from its voting members a Chair, Vice Chair, Secretary, and Treasurer and such other officers as it may need. A majority of its voting members shall constitute a quorum for the transaction of business.
(a) 
The Tree Board may:
(1) 
Increase public awareness of and develop public support for tree preservation.
(2) 
Cooperate and coordinate its activities with the City staff and City Council in the protection, maintenance, planning, planting, and removal of trees on public lands.
(3) 
Increase urban tree inventory through annual recommendations of appropriate trees along streets, in parks, and other public places.
(4) 
Identify and recommend removal of dead, dying, diseased, or insect-infested trees on public property.
(5) 
Encourage the preservation of trees by developers and landowners.
(6) 
Plan and coordinate an annual Arbor Week observance.
(7) 
Report annually to the City Council, summarizing goals, projects, and expenses.
(8) 
Promote standards of tree maintenance to foster the tree population.
(b) 
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(c) 
The City Tree Board may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest.
[Ord. No. 1002-09, 9-8-2009]
The City shall have control of all trees, shrubs, and other plantings now or hereafter in any street, park, public right-of-way or other public place owned by the City or located in dedicated City right-of-way, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs and other plantings.
[Ord. No. 1002-09, 9-8-2009]
The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CITY
Means the City of Albertville and its authorized agents.
DAMAGE
Means any injury to any part of trees/shrubs, including but not limited to improper tree care methods such as topping, tipping, round-over, flush cutting, cavity cleaning, etc.
EASEMENT-LADEN LAND
Means privately owned land on which an easement has been granted to the City or another entity to allow for public services such as utility distribution, water distribution and drainage, access to maintain the public services, etc. An easement is only a right of use. The grant of an easement does not transfer ownership rights.
EXTRAORDINARY TREE
Is a tree that is unique due to its age, species, or historic significance.
HEDGEROW
Means a row of closely spaced shrubs or bushes used to delineate space, restrict access, provide screening or achieve a similar function.
LICENSE REQUIRED
Means any tree service operator conducting business in the City must obtain a City business license.
MULCH
Means any organic material or rock placed over the soil surface of a planting area, which serves the same function as leaf litter in a natural forest environment.
PARK
Means a tract of land set aside for public use and owned by the City of Albertville.
PLANTING
Means establishing a tree, shrub, ground cover, vine, or other species of vegetation in a location where it is to remain for an extended period, usually the useful lifespan of the plant in the absence of unforeseen circumstances.
PRIVATE LAND
Means land belonging to a person or corporate entity and not the City or other agency of government.
PRUNE
Includes the correct arboricultural method of removing tree limbs at proper locations.
PUBLIC LAND
Means any land belonging to the City, including platted rights-of-way or streets and alleys. For the purposes of this definition, federal, state and county land is excluded from this category unless the City has specifically assumed responsibility for its maintenance.
PUBLIC PROPERTY
Is any right-of-way, park, or other ground owned by the City of Albertville.
REPLACEMENT TREES
Are trees required to be planted as compensation for the removal of viable, non-hazard trees.
SHRUB
Is a woody plant, living more than one year, obtaining less than 12 feet in height at maturity and that is usually branched near the ground.
STREET TREES
Are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City.
TREE
Is a woody plant living more than one year which at maturity is 12 feet or more in height, unbranched for at least several feet above the ground and having a more or less definite crown.
TREE MAINTENANCE
Is measures performed to promote the desirable growth and health of a tree such as, but not limited to, watering, fertilizing, mulching, weeding, pest management, and physical protection.
TREE SERVICE
Is commercial practices including trimming, removal, and other maintenance of trees.
UTILITY, PRIVATE
Means a commercial service distributed by use of the public streets, alleys, and easements of the City by the use of facilities and fixtures located therein, but not regulated by the State of Alabama Public Service Commission.
UTILITY, PUBLIC
Means a service distributed by wire, pipe, or airwaves to customers and either regulated by the State of Alabama Public Service Commission (as in the case of telephone service) or not regulated by the Public Service Commission but established as a municipal utility (as in the case of water, electric and gas service).
[Ord. No. 1002-09, 9-8-2009]
(a) 
City departments shall seek the counsel and recommendations of the City Tree Board prior to the removal and/or alteration of any tree on public property or right-of-way unless the tree(s) poses immediate danger to the public.
(b) 
The City Tree Board may cause to be removed any tree or part thereof which is in an unsafe condition or is infested with any disease, injurious fungus, insect or other pest.
(c) 
Trees severely damaged by storms or other natural causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this article.
(d) 
No person shall engage in the pruning or topping of trees on any public property except in conformance with the most current practices of the International Society of Arboriculture, the National Arborist Association Standards, and the National Electrical Safety Code.
(e) 
Existing public trees shall be preserved to the extent that it is possible and feasible. If removed they will be replaced where practical.
[Ord. No. 1002-09, 9-8-2009]
The following list constitutes the official street tree species for Albertville, Alabama. No species other than those included in this list may be planted as street trees without written permission of the City Tree Board.
Small Trees
(less than 30 feet tall at maturity)
Common Name
Scientific Name
Flowering Dogwood
(Cornus Florida)
Eastern Redwood
(Cersis Canadensis)
Japanese Red Maple
(Acer palmatum)
Flowering Crabapple
(Malus Spp.)
Crapemyrtle
(Lagerstroemia indica)
Saucer Magnolia
(Magnolia X soulangiana)
Purpleleaf Plum
(Prunus cerasifera)
Goldenrain Tree
(Koelreuteria paniculata)
"Thornless" Honeylocust
(Gleditsia triacanthos "Intermis")
Callery Pear
(Pyrus calleryana)
Carolina Silverbell
(Halesia carolina)
Japanese Flowering Cherry
(Prunus serrulata)
Red Buckeye
(Aesculus pavia)
Large Trees
(more than 30 feet tall at maturity)
Common Name
Scientific Name
Shumard Oak
(Quercus schumardii)
Atlas Cedar
(Cedrus atlantic)
Water Oak
(Quercus nigra)
Willow Oak
(Quercus phellos)
Sweet Gum
(Liquidambar styraciflua)
Norway Maple
(Acer platanoides)
Sugar Maple
(Acer Saccharum)
Southern Magnolia
(Magnolia grandiflora)
American Holly
(Ilex Opaca)
Ginkgo
(Ginkgo biloba)
Bald Cypress
(Taxodium distichum)
Red Maple
(Acer rubrum)
Yellowpoplar
(Liriodendron tulipifera)
White Oak
(Quercus alba)
Southern Red Oak
(Quercus falcate)
Sourwood
(Oxydendrum arboreum)
Ohio Buckeye
(Aesculus glabra)
Winged Elm
(Ulmus alata)
Chinese Arborvitae
(Thuja orientalis)
Eastern Red Cedar
(Juniperus virginiana)
Pignut Hickory
(Carya glabra)
Northern Red Oak
(Quercus rubra)
London Planetree
(Platanus X acerifolia)
Japanese Zelkova
(Zelkova serrata)
Chinese Elm
(Ulmus parvifolia)
Mockernut Hickory
(Carya tomentosa)
Shagbark Hickory
(Carva ovata)
Kentucky Coffeetree
(Gymnocladus dioious)
American Basswood
(Tilia Americana)
Cucumber Magnolia
(Magnolia acuminata)
Bur Oak
(Quercus macrocarpa)
Scarlet Oak
(Quercus coccina)
Green Ash
(Fraxinus pennsylvanica)
River Birch
(Betula nigra)
Bitternut Hickory
(Carya cordiformis)
Swamp Chestnut Oak
(Quercus michauxii)
American Beech
(Fagus grandifolia)
Loblolly Pine
(Pinus taeda)
White Pine
(Pinus strobus)
Black Walnut
(Juglans nigra)
Eastern Hemlock
(Tsuga canadensis)
Cedar-of-Lebanon
(Cedrus libani)
Weeping Willow
(Salix babylonica)
Bigleaf Magnolia
(Magnolia macrophylla)
Sycamore
(Platanus occidentalis)
Black Tupelo
(Nyssa sylvatica)
[Ord. No. 1002-09, 9-8-2009]
The spacing of street trees will be in accordance with this article, and no trees may be planted closer together than the following: small trees, 30 feet, and large trees, 50 feet, except in special plantings designed or approved by a landscape architect or the City Tree Board.
[Ord. No. 1002-09, 9-8-2009]
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the species size classes listed in § 10.7-30, and no trees may be planted closer to any curb or sidewalk than the following: small trees, four feet, and large trees, eight feet.
[Ord. No. 1002-09, 9-8-2009]
No street tree shall be planted closer than 20 feet to any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet to any fireplug. Excluding shrubs, bushes or woody vegetation. Applies to new plantings only.
[Ord. No. 1002-09, 9-8-2009]
No street trees other than those species listed as small trees in this article may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility. Call before you dig: dial 811 or 1-800-292-8525.
[Ord. No. 1002-09, 9-8-2009]
It shall be a violation of the provisions of this article for any person to abuse, destroy or mutilate any City-owned tree, plant or shrub. Examples of such damage may include but are not limited to: attachment or placement of any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill, or other things to or on any City tree; or to cause or permit any wire charged with electricity to be placed or attached to any such tree; or to allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with their roots, trunks, or leaves.
[Ord. No. 1002-09, 9-8-2009; Ord. No. 2040-26, 6-2-2026]
Any tree, shrub or ground cover growing or standing on private property in such a manner that any portion interferes with any public street, sidewalk, or alley or restricts the flow of traffic or visibility of such street, traffic signs or sidewalk, alley or intersection thereof to any person or persons lawfully using such streets, sidewalks, alleys or intersections shall constitute a public nuisance.
[Ord. No. 1002-09, 9-8-2009]
The City may remove or trim such tree, may permit any public utility to do so, or may require the property owner to remove or trim such tree on private property. The failure of the property owner, or his or her duly authorized agent, to remove such tree after 15 days' notice shall be deemed a violation of the provisions to this article, and the Public Works Department may then remove or trim such tree and assess the cost thereof against the property.
[Ord. No. 1002-09, 9-8-2009]
It shall be unlawful as a normal practice for any person, firm or City department to top any street tree, park tree, or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this article at the determination of the City Tree Board.
[Ord. No. 1002-09, 9-8-2009]
Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection or traffic control sign or signal, and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. The owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs that constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with the visibility of any traffic control device or sign.
[Ord. No. 1002-09, 9-8-2009]
The City shall have the right to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property, or harbor insects or disease which constitutes a potential threat to other trees within the City. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by the owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with these provisions, the City shall have the authority to remove the trees and charge the cost of removal on the owner's property tax notice.
[Ord. No. 1002-09, 9-8-2009]
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.
[Ord. No. 1002-09, 9-8-2009]
It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this article.
[Ord. No. 1002-09, 9-8-2009]
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for and procuring a license. However, no license shall be required of any public service company or City employee doing such work in the pursuit of their public service endeavors. Before any license is issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as described.
[Ord. No. 1002-09, 9-8-2009; Ord. No. 2040-26, 6-2-2026]
Any person, partnership, firm, corporation, or other entity which violates any provision of this article is guilty of a misdemeanor punishable as provided in § 1-8 of this Code. All such violations which are of a continuing nature shall constitute a separate offense for each day of such continuance. Any violation of this article shall also constitute a public nuisance and may be enjoined and abated as provided by law.
[Ord. No. 1002-09, 9-8-2009]
The City Council shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board to the City Council, which may hear the matter and make a final decision.