§ 32-4. Trees on public property.  


Latest version.
  • (a)

    Purpose . 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 public property, the city council herein delegates the authority and responsibility for managing public trees, and establishes practices governing the planting and care of trees on public property. Please refer to article 9 of the Land Development Regulations for regulations pertaining to trees on private property.

    (b)

    Definitions . As used in this section, 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.

    Lion-tailing or stripping means unbalances the tree's crown by distributing foliage and future growth uncharacteristically toward branch ends. Lions-tailing substantially weakens branches which may break easily in storms or under their own weight.

    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. Any tree of any size that appears on the invasive and noxious weeds list for the State of Texas promulgated by the United States Department of Agriculture or on the Texas Noxious and Invasive Plants list promulgated by the Texas Department of Agriculture will be considered a "nuisance". Identification by an International Society of Arboriculture Certified Arborist and/or degreed Forester is recommended.

    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.

    Tree lawn 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.

    (c)

    Authority and power .

    (1)

    Delegation of authority . The parks and recreation director or designee, with the Galveston Tree Committee in an advisory role, hereinafter referred to as the "director", shall have the authority 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. This section shall not alleviate any property owner of the duties of maintenance established in section 32-11.

    (2)

    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 section as it relates to streets, alleys, rights-of-way, drainage, easements and other public properties not under direct jurisdiction of the director.

    (3)

    Interference . No person shall hinder, prevent, delay, or interfere with the director or his or her agents while engaged in carrying out the execution or enforcement of this section.

    (4)

    The Galveston Tree Committee shall advise the director on decisions relating to the care of public trees. The director reserves the right to refer any decision regarding public trees to the Galveston Tree Committee for consideration.

    (d)

    Tree planting and care standards .

    (1)

    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.

    (2)

    Location standard . All new plantings shall conform to the location and spacing requirements in article 32, section 32-5(e)(2).

    (3)

    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.

    (4)

    Tree species list . The director shall reference article 32, section 32-5(e)(2), Appendix: List of Recommended Trees for desirable tree species for planting on public property. Only trees from this approved list may be planted without written approval from the director.

    (5)

    Protection of public trees during construction . Director. Any person, firm, corporation, or city department performing construction in the area of any public tree must employ appropriate measures to protect the tree according to ANSI A300 standards: management of trees and shrubs during site planning, site development and construction.

    (e)

    Prohibition against harming public trees .

    (1)

    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.

    (2)

    It shall be unlawful for any person, firm or corporation to attach any cable, wire or signs or any other object to any street, park, or public tree.

    (3)

    It shall be unlawful for any person, firm or corporation to "top" or "lion-tail" 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.

    (f)

    Violations and penalty . Any person, firm or corporation violating any provision of this section shall be deemed guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars ($500.00) for each offense.

(Ord. No. 18-057 , § 2, 8-23-18)

Editor's note

Ord. No. 18-057 , § 2, adopted Aug. 23, 2018, repealed the former § 32-4, and enacted a new § 32-4 as set out herein. The former § 32-4 pertained to "injuring trees, shrubs or flowers" and derived from Code 1960, § 19-42.