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HomeMy WebLinkAboutOrdinance No. 720 CITY OF THE COLONY, TEXAS ORDINANCE AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS~ BY AMENDING CHAPTER 10, BY ADDING ARTICLE VII RELATING TO TREES~ PLANTS AND STRUCTURES IN PARKWAYS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMM'ITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING. AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section ]. That Chapter ]0 of the Code of Ordinances shall be amended by adding the following: ARTICLE VII. TREES IN PARKWAYS AND EASEMENTS Sec. ]0-97 Definitions Parking Lane - shall mean the area extending from the back of the curb to eight feet (8') into the street. Parkway - shall mean the area 1Ming between the street right- of-way line of any public street and/or alley, and the curb line of the street and/or alley; or if there is no curb line, the shoulder of the street and/or alley. Tree Private Property - A tree is on private property when the majority of the trunk and roots are on private property. Tree - Public Property - A tree is on public property when the majority of the trunk and roots are on public property. Tree Removal - shall mean to leave no portion of the tree above finished grade. Sec. 10-98 Specific regulations pertaining to trees. Trees shall be trimmed so as to avoid causing a hazard to public places. The allowable overhang shall not be less tha~ seven feet (7') above sidewalks, nine feet (9') at top of street curb, eleven feet (11') above the gutter line, and fourteen feet (14') above the street surface at the outside edge of the parking lane. The minimum overhang at street curbs shall be nine feet (9') when one tree/10-28-91 hundred-fifty feet (]50') from an intersection and not obstructing traffic control signs. The minimum overhang at street curbs shall be ten feet (]0.0') when within one hundred fifty feet (]50') from an intersection and not obstructing traffic control signs. Sec. 10-99 Responsibility of maintenance A. It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the City to keen and ma' ' ~ees. ln the area contained in the ~ar~ ..... · ~ i _lntaln the · lne in the condition out '.=~ ~_ ~ ~way~ =~acen~ to the property ll=== ~ ~e regulations contained herein. B. It shall be the duty of any person owning~ claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the City to keep and maintain the trees in the area of municipal easements contained on the property in the condition outlined in the regulations contained herein. C. It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied~ within the City to keep and maintain the trees on the property in such a manner that the branches and roots do not interfere with pedestrian travel, vehicular line of site and ~ travel, or the provision of services. D. If, in the course of general maintenance and repair of municipal infrastructure or the installation of capital improvements the removal or destruction of trees, shrubs and/or any other landscaping in the parkway is caused, the city has no responsibility to replace, repair or reconstruct trees, shrubs or any other landscaping in the parkway. E. The city shall make every reasonable effort to preserve and protect trees within parkways during the course of the city's normal activities. F. The city may cause the removal of trees on private property that are determined to be a'hazard to the general safety, health and welfare of the public at the property owner's expense, as outlined in Section 10-85 of Article V of this Chapter. 'G. The city may cause the removal of trees in the parkway that are determined to be a hazard to the general safety, health and welfare of the public at the expense of the adjacent property OWner, as outlined in Section 10-85 of Article V of this Chapter. Section 2. If any section, article, paragraph, sentence, clause, phrase~ or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining tree/lO-28-9] portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. The fact that the present zoning ordinances and regulations of the City are inadequate to properly safeguard the health, safety~ morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage and publication as provided by law~ and it is accordingly so ordained. PASSED AND APPROVED this j~ day of/~./~Z~f~%~ 1991. ATTEST: 'lliam W. Manning~ Mayor --~ Patti A. Hicks, CMC City Secretary APPROVED AS TO FORM: City Attorney tree/10-28-9!