03-01-15-Ordinance-Establishing a Public Tree Care and a Public Tree Advisory Board-03/02/2015ORDINANCE #03-01-15
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING THE
CODE OF ORDINANCE TO ESTABLISH A PUBLIC TREE CARE
ORDINANCE FOR TREES LOCATED UPON CITY OWNED PUBLIC
PROPERTY, INCLUDING STREETS AND RIGHT-OF-WAYS;
ESTABLISHING THAT THE MEMBERS OF THE SANGER PARKS BOARD
SHALL SERVE AS THE "PUBLIC TREE ADVISORY BOARD";
IDENTIFYING CITY PERSONNEL WHO WILL HAVE ADMINISTRATIVE
AND OPERATIONAL RESPONSIBILITY FOR THE MAINTENANCE AND
REMOVAL OF TREES ON CITY PROPERTY; PROVIDING FOR THE
REMOVAL OF DISEASED OR HAZARDOUS TREES ON PRIVATE
PROPERTY UNDER CERTAIN LIMITED CONDITIONS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR CIVIL PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sanger, Texas, has determined that the
protection of trees that are located on property owned and controlled by the City is
aesthetically desirable and essential to the present and future health, safety, and
welfare of all citizens of Sanger, and accordingly, have determined that the adoption
and implementation of this "Public Tree Care Ordinance" is meritorious and necessary;
and
WHEREAS, the City Council has further determined that it shall designate the City
Manager as the individual who shall have oversight authority and responsibility for
the implementation of the Ordinance and the Public Works Director as the City
personnel who shall administer the operational aspects of the Public Tree Care
Ordinance, including for example, responsibility for tasks such as the care, planting,
pruning, and maintenance of trees located on City property and in City parks and right-
of-ways; and
WHEREAS, the City Council has determined that it is appropriate for the Sanger Parks
Board to serve as the "Public Tree Advisory Board," and that the function of Sanger
Parks Board, while acting as the "Public Tree Advisory Board, shall be to assist the City
Manager, as necessary, with monitoring the application, enforcement and effectiveness
of the Public Tree Care Ordinance for public trees.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER,
TEXAS:
SECTION 1. That Chapter 1, Article 1.400, Section 1.410 of the Code of
Ordinances of the City of Sanger, Texas, is hereby amended to read as follows:
Sec. 1.410 Public Tree Care Ordinance.
There is hereby created and established a Public Tree Care Ordinance to provide the
City with legal authority over the care of all trees, plants and shrubs located within City
owned and controlled property, public rights -of -ways, parks and other public places,
which will aid in the establishment of a municipal landscape program and will
enhance the public health, safety and beauty of the City.
Sec. 1.411 The City Manager shall have oversight authority and responsibility for the
implementation of the Public Tree Care Ordinance.
Sec. 1412 Care of Public Trees and Private Trees Creating Hazard to Public Safety,
Health and Welfare.
A. The Public Works Director shall administer the operational aspects of the
Public Tree Care Ordinance, including for example, responsibility for tasks such
as planting, pruning, maintaining and removing trees, plants and shrubs
within the public right-of-way of all City streets, alleys, avenues, lanes,
squares, parks, and public grounds owned or controlled by the City, as may be
necessary to insure public safety or to preserve or enhance the symmetry and
beauty of such City owned or controlled public grounds.
B. The Public Works Director, in compliance with the City Council's approved
policy, process and procedures for such work, including obtaining permission
and a release to access and perform work from the owner of property upon
which hazardous trees are located, may remove or prune a tree on private
property which threatens the safety, health and welfare of members of the public
who may use a City street, sidewalk, park or public right-of-way. Additionally,
in accord with the City Council's approved policy, process and procedures for
such work, the Public Works Director shall have the right to prune or remove a
tree or shrub that obstructs the view of any traffic sign, street light, or security
light, when it is determined that the tree or shrub in its existing condition creates
a safety hazard for those that may use the City's streets or right -of ways.
C. No person shall remove, prune, destroy, or cause the removal, pruning or
destruction of a tree, shrub or plant located on City property, including those
located in any City park, without first having obtained written permission
for such removal, pruning or destruction from the Public Works Director or his/her
designee.
D. It shall be unlawful for any individual, organization or entity to attach any
cable, wire, rope sign or any other object to any tree, plant or shrub
located on City property, including those in City parks, without written
permission from the Public Works Director, or his/her designee.
Sec. 1413 Establishment of a Public Tree Advisory Board.
A. Membership: The Public Tree Advisory Board shall be composed of the then
seated members of the Sanger Parks Board. Additional duties of Parks Board
members, pertaining specifically to the Public Tree Care Ordinance, include
the following.
B. Duties:
1. Promote the protection of healthy trees on public property.
2. Coordinate andpromote'Arbor Day' activities.
3. Develop public awareness and education programs relating to trees inthe
Sanger community.
4. Review City department and public concerns relating to tree care on the
City's public property.
5. Consult with the Texas Forest Service for advice on protection of
existing native or established trees and/or the planting of new 'native'
trees.
6. Submit an annual application to renew the "Tree City USA"
designation, with the permission of the City Council, and
7. Other duties that may be assigned by the City Council.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
SECTION 3. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable
and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence,
paragraph, or section.
SECTION 4. Any person, firm, or corporation who shall violate any of the
provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined
in accordance with the general penalty provision found in Section 1.109 of this Code.
SECTION 5. This ordinance will take effect immediately from and after its
passage, and the publication of the caption, as the law and Charter in such cases provide.
PASSED AND APPROVED T H I S 2 "'dDAY OF MARCH 2O15 by the City
Council of the City of Sanger, Texas.
ATTEST:
Tami Taber, City Secretary
APPROVED:
Thomas Muir, Mayor
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AN ORDINANCE OF THE CITY OF SANGER, TEXAS,
AMENDING THE CODE OF ORDINANCE TO ESTAB-
LISH APUBLIC TREE CARE ORDINANCE FOR TREES
LOCATED UPON CITY OWNED PUBLIC PROPERTY,
INCLUDING STREETS AND RIGHT-OF-WAYS; ES-
TABLISHING THAT THE MEMBERS OF THE SANGER
PARKSBOARD SHALL SERVE AS THE "PUBLIC TREE
ADVISORY BOARD-; IDENTIFYING CITY PERSON-
NEL WHOWILL HAVE ADMINISTRATIVE AND OPER-
ATIONAL RESPONSIBILITY FOR THE MAINTENANCE
ANDREMOVAL OF TREES ON CITY PROPERTY; PRO-
VIDING FOR THE REMOVAL OF DISEASED OR HAZ-
ARDOUSTREES ON PRIVATE PROPERTY UNDER
CERTAIN LIMITED CONDITIONS; PROVIDING A SE,
ERABILRYCLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR CIVIL PENALTIES; AND PROVIDING
ANEFFECTIVE DATE.
SUBSCRIBE TO THE SANGER NEWSI
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PLUS .., you'll SAVE 20'/o PER YEAR oS the neWand price!
PLUS... we'llOe you ONE MONTH FREE
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