CHAPTER 33: TREES, SHRUBS, ETC.

Cross-reference:

   Park and recreation, see Ch. 24

   Streets and sidewalks, see Ch. 30

Statutory reference:

   Authority of city to regulate the planting and preserving of ornaments and shade trees in streets, etc., see Tex. Rev. Civ. Stats., Art. 1015(32)

Section

   33-1   Supervision and control

   33-2   Jurisdiction over public and private property

   33-3   Use of protective guards during construction work

   33-4   Contact with electrical wires; insulation; pruning

   33-5   Permit required to attach wire, sign, etc., to trees

   33-6   Permit required to plant, prune, etc., trees located on public property

   33-7   Ownership of trees, etc., between sidewalks and curbs

§ 33-1 SUPERVISION AND CONTROL.

   The department of park and recreation shall have jurisdiction, authority, control and supervision over all trees, plants and shrubs planted or growing in or upon the public highways and public places in the city, and the planting, removal, care, maintenance and protection thereof.

(Code 1964, § 36-1) (Ord. 11541, § 1(c), passed 4-12-1994)

§ 33-2 JURISDICTION OVER PUBLIC AND PRIVATE PROPERTY.

   The department of park and recreation shall have the power to plant, preserve, spray, trim, cable or remove any tree, shrub or plant on any street, alley, avenue, land, lane, public ground or square belonging to the city. If any tree or any part thereof is in an unsafe condition, or is injurious to the common good, or to sewer pipes, pavements or improvements, or is infested and dangerous to other trees, power is hereby given to the department of park and recreation to remove such trees or part thereof, or spray such tree, or order such tree or part thereof removed. If any tree or shrub on any private property is infested and, in the opinion of the city forester, is infectious and liable to spread any disease, or if any tree or shrub is dangerous to the public, power is hereby given to the department of park and recreation to enter such property and spray such tree or shrub, or remove same or any part thereof.

(1964 Code, § 36-2) (Ord. 11541, § 1(c), passed 4-12-1994)

§ 33-3 USE OF PROTECTIVE GUARDS DURING CONSTRUCTION WORK.

   Whenever any person plans to do any sort of construction work around any public tree, plant or shrub, proper guards, to be approved by the city forester, shall be placed around such tree, plant or shrub.

(1964 Code, § 36-6)

§ 33-4 CONTACT WITH ELECTRICAL WIRES; INSULATION; PRUNING.

   Any person having any electrically charged wire which is in contact with any tree, plant or shrub and which, in the opinion of the city forester, is injurious to such tree, plant or shrub, shall remove such wire or shall place proper insulation about such wire. If such tree, plant or shrub is to be pruned, notice shall be served on the owner of such wires and current shall be discontinued within 48 hours after notified, for the period necessary for pruning or repairing such tree, plant or shrub.

(1964 Code, § 36-7)

§ 33-5 PERMIT REQUIRED TO ATTACH WIRE, SIGN, ETC., TO TREES.

   It shall be unlawful for any person to attach any cable, wire, rope, sign or any other thing to any public tree without a permit from the department of parks and recreation.

(1964 Code, § 36-9)

Cross-reference:

   Licenses and miscellaneous business regulations, see Ch. 20

§ 33-6 PERMIT REQUIRED TO PLANT, PRUNE, ETC., TREES LOCATED ON PUBLIC PROPERTY.

   (a)   It shall be unlawful for any person to plant, prune, remove, paint or spray any tree, plant or shrub on any public highway or public place without first securing a permit from the city forester.

   (b)   If more than one tree, plant or shrub is to be planted on the street, the department of park and recreation shall require the applicant to fill in the necessary form showing his or her intentions.

(1964 Code, § 36-10) (Ord. 11541, § 1(c), passed 4-12-1994)

Cross-reference:

   Licenses and miscellaneous business regulations, see Ch. 20