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Home My WebLink About26-3790 OrdinanceFA UT11 MULWIMPA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF PLAINVIEW, TEXAS BY ESTABLISHING A NEW DIVISION 7 "PUBLIC TREE CARE" OF ARTICLE 1.13 "PARKS AND RECREATION" OF CHAPTER 1 "GENERAL PROVISIONS" TO PROVIDE FOR THE CARE OF PUBLIC TREES; TO CREATE A TREE ADVISORY BOARD; TO ESTABLISH PRACTICES GOVERNING THE PLANTING, CARE AND REMOVAL OF TREES ON PUBLIC PROPERTY; TO MAKE PROVISION FOR THE REMOVAL OF NUISANCE TREES ON PRIVATE PROPERTY UNDER CERTAIN CONDITIONS; PROVIDING A REPEALER; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Plainview, Texas ("City Council'), recognizes that trees generally protect and enhance the quality of life and general welfare of the City of Plainview (the "City"); and WHEREAS, the citizens of the City have long valued trees as a natural and often irreplaceable community resource and recognize them as assets for their beauty and service; and WHEREAS, the City Council has further determined that the protection and care of trees located on City property is essential to the present and future health, safety, and welfare of all citizens, and accordingly, have determined that the adoption and implementation of this "Public Tree Care" ordinance is meritorious and necessary. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, THAT: SECTION 1. The findings and recitals outlined above are found to be true and correct and are hereby adopted and approved. SECTION 2. Chapter 1 "General Provisions," Article 1.13 "Parks and Recreation" of the Code of Ordinances, City of Plainview, Texas is hereby amended to add a new Division 7 "Public Tree Care" to be and read as follows: Division 7 Public Tree Care To enhance the quality of life and the present and future health, safety, and welfare of all citizens, to enhance property values, and to ensure proper planting and care of trees on Ordinance No. 26-3790 Public Tree Care Ordinance Page 1 of 5 WON MWV� public property, the City Council herein delegates the authority and responsibility for managing public trees, creates a tree advisory board, establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions. § 1.13.161 Definitions. For the purposes of this division, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. Private tree. Any tree located on private property. Public tree. Any tree located on public property, including parks, medians, and rights -of -way. Tree Advisory Board. A designated body responsible for overseeing tree -related matters and activities in the city. § 1. 13.162 Tree Advisory Board. (a) There is hereby established a tree advisory board for the city, to be constituted, organized, and operated as such, as hereafter provided. (b) The parks advisory board will act as the tree advisory board, or the city council may elect to have a separate tree advisory board that shall consist of seven members, who shall be qualified voters in the city, and who shall serve without compensation until their successors are appointed. If so elected by the city council, the seven members shall serve in designated positions, in accordance with the following: (1) Positions on the tree advisory board shall be numbered one through seven. (2) Each of the seven tree advisory board positions shall be filled by persons at large, recommended by the mayor and approved by the city council. (3) Those persons initially appointed to serve on the tree advisory board shall be appointed for a term of two years. (4) Board appointments and re -appointments shall be made in the odd - numbered years beginning in 2027 for subsequent two-year terms. Ordinance No. 26-3790 Public Tree Care Ordinance Page 2 of 5 (5) Vacancies on the board shall be filled by appointment, upon recommendation of the mayor and approval by the city commission, for the length of the unexpired term. (c) The tree advisory board shall meet at least quarterly to share information and discuss programs that would enhance the number or quality of trees located within the city limits, with such programs concerning, but not necessarily being limited to, planting, maintenance strategies, public education, and the promotion and awareness of tree care and health. § 1.13.163 Public tree planting and care. (a) The city shall be responsible for planting and maintaining trees on public property. (b) Tree species selected for public planting shall be well -adapted to the climate of the city. (c) Pruning and removal of public trees shall adhere to best arboricultural practices. § 1. 13.164 Private tree care. (a) Owners of private property within the city limits shall be responsible for maintaining private trees on their property in a manner that prevents hazards or nuisances to public areas. (b) Any private tree that extends into a public space shall be pruned or trimmed by the owner, agent, or occupant of the property to provide a minimum vertical clearance of eight feet over sidewalks and eighteen feet above the surface of the street, alley, or highway. § 1. 13.165 Tree removal. (a) No public tree may be removed without tree advisory board approval unless such tree is deemed an immediate hazard by city staff. (b) Property owners seeking to remove a private tree that poses a public safety risk shall be encouraged to first contact city personnel for inspection and guidance. § 1.13.166 Prohibited activities. It shall be unlawful for any person to: (1) Damage, prune, or remove public trees without the prior written approval of city personnel. Ordinance No. 26-3790 Public Tree Care Ordinance Page 3 of 5 (2) Attach signs, lights, or objects to public trees without the prior approval of city personnel. H (3) Excavate near public trees without protective measures approved by city personnel. § 1. 13.167 Enforcement and penalties. (a) Any person, firm, partnership, or corporation convicted of violating any of the terms or provisions of this division shall be deemed guilty of a misdemeanor and shall be fined as provided in section 1.01.009 of the city code. (b) Each day that any such person, firm, partnership, or corporation shall continue to violate, or fail to comply with, any provision of this division shall constitute a separate offense and shall be punishable as such. (c) In addition to any other penalty described in this section 1.13.167, a person damaging a public tree may be required to replant, restore, or make other curative efforts propounded or approved by city personnel. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. All other terms and provisions of the Code of Ordinances, City of Plainview, Texas not in conflict herewith and not hereby amended shall remain in full force and effect. SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. Publication. The City Secretary of the City of Plainview is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. SECTION 7. Penalty. Any person found in violation of any provision of this Ordinance shall be shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provision found in Section 1.01.009 of the Code of Ordinances, City of Plainview, Texas. SECTION 8. This Ordinance shall take effect immediately from and after its passage at a second reading and publication as may be required by governing law. PASSED AND APPROVED on first reading this 25th day of August, 2026. H Ordinance No. 26-3790 Public Tree Care Ordinance Page 4 of 5 ATTEST: X�L� Lzx� Belinda Hinojosa, City�je retary APPROVED AS TO CONTENT: Ted Chan r, City Manager Matt Murray, CitfAttorney Ordinance No. 26-3790 Public Tree Care Ordinance Page 5 of 5