HomeMy WebLinkAboutOrdinance - 10130-1998 - Amending Artiel X Chapter 2 Lubbock Code Amending Articles I And III And - 12/16/1998First: Reading
It:em Ro. 37
December 16, 1998
Second Reading
It:em Ro. 17
January 14, 1999
ORDINANCE NO. 10130
AN ORDINANCE AMENDING ARTICLE X OF CHAPTER 2 OF THE
LUBBOCK CODE OF ORDINANCES; AMENDING ARTICLES I AND .III AND
ADDING AN ARTICLE IV TO CHAPTER 19 OF THE LUBBOCK CODE OF
ORDINANCES ENTITLED "CITY THOROUGHFARE BEAUTIFICATION
ORDINANCE" WHICH DEFINES STREET TREES AND PARK TREES;
RELEGATES AUTHORITY OVER THE PLANTING, MAINTENANCE AND
REMOVAL OF SAID PLANT MATERIAL TO THE PARKS AND RECREATION
MANAGER; SPECIFIES RECOMMENDED AND PROHIBITED SPECIES OF
STREET TREES TO BE PLANTED, THE DISTANCES AT WHICH THEY ARE TO
BE PLANTED FROM EACH OTHER AND CONSTRUCTED ELEMENTS IN THE
LANDSCAPE; PROVIDES FOR REVIEW AND IMPOSING A PENALTY FOR ALL
ACTS IN VIOLATION OF THE ORDINANCE AS A MISDEMEANOR; PROVIDES
A SAVINGS CLAUSE AND PROVIDES FOR PUBLICATION.
WHEREAS, The City Council of the City of Lubbock has determined that trees,
shrubs and other plant materials are vital elements which add to the quality of life,
property values in, and the overall inviting appearance of public property and
thoroughfares in the City of Lubbock, and
WHEREAS, The City Council of the City of Lubbock has determined that the
following amendment both promotes and protects the public health, safety and general
welfare by providing for the regulation of the planting, maintenance, and removal of
trees, shrubs and other plants within the City of Lubbock, Texas; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby
amended by adding an article to Chapter 19, to be numbered Article IV, which said
article reads as follows:
"Article IV. City Thoroughfare Beautification Ordinance
Section 19-44. Defmitions. For the purposes of this chapter, certain terms
are defmed as follows:
(1) Street Trees: "Street Trees" are herein defined as trees, shrubs,
bushes and all other woody vegetation on land within any public right-of-
way or parkway of a thoroughfare street within the City.
(2) Park Trees: "Park Trees" are herein defined as trees, shrubs,
bushes and all other woody vegetation on land designated by the City as a
public park, or on any land owned by the City to which the public has free
access, excluding therefrom those lands which are part of the public right-
of-way.
(3) Parkway: "Parkway" is herein defined as any part of the public
right-of-way lying between the curb or grade line of any public street and
the abutting private property line
(4) Thoroughfare street: "Thoroughfare street" is herein defmed as
a major street of the city traffic system which is used primarily for fast
and/or heavy traffic moving large volumes at moderate speed on long
intercity or intracity trips and designated as Tl or T2 in the City's Master
Thoroughfare Plan in § 24-131, Article V, Chapter 24 of the City Code.
(5) Small Trees: "Small Trees" are herein defined as those
trees which normally reach heights not exceeding 20 feet at maturity.
(6) Medium Trees: "Medium Trees" are herein defined as
those trees which normally reach heights of 20 to 50 feet at maturity.
(7) Large Trees: "Large Trees" are herein defined as those
trees which normally reach heights of 50 feet and above at maturity.
Section 19-45. Authority. The City of Lubbock, through the Parks and
Recreation Department, is hereby given authority over all trees, plants, and shrubs
located within parkways, parks and any land owned by the City to which the
public has free access within the City of Lubbock. This authority is in addition to
and in conjunction with any authority previously granted to the City, any City
department, or public utility company over any trees, shrubs or plants interfering
with or obstructing their property, easements or right-of-ways.
Section 19-46. Street Tree Species to be Planted. (a) Recommended
Street Tree Species: The following list constitutes recommendations for trees to
be planted as Street Trees along thoroughfares within the City of Lubbock, Texas.
Small Trees: Crabapple, Golden Rain Tree, Hawthorne (Sp.), Ornamental
Pear, Redbud, Soapberry, Crape Myrtle, Japanese Lilac, Desert
Willow, Russian Olive, Possumhaw Holly, Yaupon Holly,
Mesquite, Mexican Plum, Pinion Pine
2
Medium Trees: Eldarica Pine, Austrian Pine, Cedar Elm, Bald Cypress,
Live Oak, Honey Locust, Pistachio Sp., Ketleeri Juniper
Large Trees: Pecan, Bur Oak, Red Oak, Deodar Cedar, Sweetgum,
Lacebark Elm.
(b) Prohibited Street Tree Species: The following list constitutes tree
species which are prohibited from being planted as Street Trees along
thoroughfares within the City of Lubbock, Texas. The Parks and Recreation
Manager may provide exceptions to this subsection only upon a written request to
the Parks and Recreation Department detailing the basis for such exception.
Prohibited Street Trees: Mimosa, Hackberry, Ash, Fruitless Mulberry,
Sycamore, Cottonwood, Willow, American Elm, Siberian Elm, Maple, Magnolia,
Tree of Heaven, Poplar. Conifers, Evergreens and Pines are also prohibited
unless they are pruned to a clearance of six feet (6') from the adjacent walk and
curb at installation.
Section 19-47 Spacing of Street Trees. The spacing of Street Trees
along thoroughfares will be in accordance with the three species size classes
defmed in Sections 19-44(5), 19-44(6), 19-44(7) of this ordinance. No Street
Trees along thoroughfares will be planted closer together than the following:
Small Trees, 20 feet; Medium Trees, 30 feet ; and Large Trees 40 feet. The
Parks and Recreation Manager may provide exceptions to the requirements
outlined in this section only upon a written request to the Parks and Recreation
Department detailing the basis for such exception.
Section 19-48. Distance from Curb and Sidewalk. The distance trees
may be planted from curbs or curblines and sidewalks along thoroughfares will be
in accordance with the three species size classes defined in Sections 19-44(5), 19-
44(6), 19-44(7) of this ordinance. No trees along thoroughfares may be planted
closer to any curb or sidewalk than the following: Small Trees, 2 feet; Medium
Trees, 3 feet; and Large Trees, 4 feet. The Parks and Recreation Manager may
provide exceptions to the requirements outlined in this section only upon a written
request to the Parks and Recreation Department detailing the basis for such
exception.
3
Section 19-49. Utilities. No Street Trees along thoroughfares other than
those which meet the definition of Small Trees in Section 19-44(5) of this
ordinance may be planted under or within 10 lateral feet of any overhead utility
wire, or over or within 5 lateral feet of any underground water line, sewer line,
transmission line or other utility.
Section 19-SO. Continuation of Use. The nonconforming use of any land
upon the effective date of this chapter, may be continued provided that no such
nonconforming use of land shall in any way be expanded or extended either on the
same or adjoining property, that if such nonconforming use of land or any portion
thereof is discontinued or changed, any future use of such land or portion thereof
shall be in conformity with the provisions of this ordinance, and further that the
right to continue such nonconforming uses shall be subject to regulations
prohibiting the creation of a nuisance and shall terminate when inappropriate use
of the premises produces a condition which constitutes a nuisance. This provision
only applies to trees,·shrubs, bushes or other woody vegetation within any public
right-of-way or parkway of a thoroughfare street within the City and that is
currently in compliance with all provisions and regulations of the City Code as of
the effective date of this ordinance.
Section 19-Sl. Public Tree Care. The City of Lubbock or its agent shall
have the right to plant, prune, maintain and remove trees, shrubs, bushes or other
woody vegetation within the public right-of-way or on land designated by the City
as a public park, or on any land owned by the City to which the public has free
access, as may be necessary to ensure public safety, to preserve or enhance the
symmetry and beauty of Public Trees, or which by reason of its nature is injurious
to sewers, electric power lines, gas lines, water lines or other public
improvements, or is a nuisance as defined under§ 19-38, Article III, Chapter 19
of the City Code.
This Section does not prohibit the planting of Street Trees by adjacent
property owners provided that the selection and location of said trees is in
accordance with Sections 19-44 through 19-49 of this ordinance.
Section 19-52. Pruning, Corner Clearance, Nuisance. (a) Every owner
of any tree overhanging any street, roadway, or parkway within the City shall
prune the branches so that there shall be a clear space of 6 feet above the surface
of the adjacent street, curb or sidewalk. Every owner of any tree, bush, or shrub
shall prune the branches so that such branches will not obstruct the light from any
street lamp, obstruct the view of any street intersection or obstruct the view of any
traffic control device or sign. Further, said owners shall remove all dead or
diseased trees, trees which constitute a threat to the safety of the public, broken
or decayed limbs which constitute a threat to the safety of the public, or any tree
which by reason of its nature is injurious to sewers, electric power lines, gas lines,
4
water lines or other public improvements, or is a nuisance as defined under § 19·
38, Article III, Chapter 19 of the City Code.
(b) Any tree, shrub, bush or other woody vegetation in violation of the
above provision is hereby declared a public nuisance.
(c) The maintenance of any obstruction prohibited by this article shall be
called to the attention of the owner of the Premises in writing by the Parks and
Recreation Manager or their agent. Any notice given under this provision shall
comply with the notice provisions of § 19-41, Article Ill, Chapter 19 of the City
Code.
(d) If the nuisance has not been removed within the time specified in the
notice from the date the notice was delivered, the City or its agent shall have the
right to enter upon private property and prune or remove any tree, shrub, bush or
other woody vegetation when it interferes with the proper spread of light along
the street from any street lamp, interferes with the visibility of any street
intersection, or obstructs any traffic control device or sign.
(e) The owner or occupant of the private property found in violation of
this provision may appeal the finding of the City according to the provisions
outlined in§ 19-42, Article Ill, Chapter 19 of the City Code.
(f) Any cost associated with any work conducted by the City or its agent
in the enforcement of this provision may be assessed against the property owner
according to the provisions of§ 19-43, Article Ill, Chapter 19 of the City Code.
(g) The City retains the authority to prune or remove, without notice to
the property owner, any tree, shrub, bush or plant on or overhanging public
property, found to be an imminent threat to public safety.
Section 19-53. Removal of Stumps. All stumps of Street and Park Trees
shall be removed to a depth of 6 inches below the surface of the ground. Soil shall
be filled in place of the removed stump to achieve an even grade with the existing
adjacent grade.
Section 19-54. Tree Topping. It shall be unlawful for any individual,
person, or firm to top any Street Tree, Park Tree or other tree on public property.
Topping shall be defined as the severe cutting back of limbs to stubs larger than 3
inches in diameter within the tree's crown to such a degree so as to remove the
normal canopy and disfigure the tree. Trees severely damaged by storms or other
causes, or certain trees under utility wires or other obstructions where other
pruning practices are impractical may be exempted from this ordinance at the
determination, in writing, by the Parks and Recreation Manager or their agent.
5
Section 19-55. Interference with the City. It shall be unlawful for any
person to prevent, delay or interfere with the City or its agent, while engaging in
the perfonnance or enforcement of any of the provisions contained in this
ordinance."
SECTION 2. That the Code of Ordinances, City of Lubbock, Texas, Chapter 19,
Article I, §19-1, is hereby amended by adding a subsection to be numbered 19-1 (9)
which reads as follows:
"(9) To remove any tree, shrub, bush or plant, or injure the bark, or pick the
flowers or seeds of any tree or plant, or attach any rope, wire or other contrivance
to any tree, shrub, bush or plant; or dig in or otherwise disturb grass areas, or in
any other way injure or impair the natural beauty or usefulness of any area."
SECTION 3. That Article X, Chapter 2 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended by adding a subsection to be numbered 2-259(e)
which said section reads as follows:
"(e). The Park and Recreation Board shall study, investigate, council and advise
the Parks and Recreation Manager in developing and/or updating a written plan
for the care, preservation, pruning, planting, removal or disposition of trees and
shrubs in parks, along streets and in other public areas. Such plan will be
presented to the City Council and upon their acceptance and approval shall
constitute the official comprehensive city tree plan for the City of Lubbock,
Texas. The Board, when requested by the City Council, shall consider,
investigate, make findings, report and recommend upon any special matter of
question coming within the scope of its work."
SECTION 4. Any person violating any provision of this ordinance shall be, upon
conviction or a plea of guilty, guilty of a Class C misdemeanor punishable according to
the provisions outlined in Section 1-4, Chapter 1 of the City Code.
SECTION 5. That should any paragraph, sentence, clause, phrase 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. That the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method provided
by law.
6
AND IT IS ORDERED.
Passed by the City Council on first reading this 16th day of December , 1998.
Passed by the City Council on second reading this .lA.tb day of January x1tm 1999.
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
7
LUBBOCK AVALANCHE-JOURNAL
Morris Communication Corporation
'AN ORDINANCE AMENDING
!zONING ORDINANCE NO. 7084
AND THE OFFICIAL MAP OF
lTHE CITY OF LUBBOCK MAK-
'INGTHEFOLLOWING
lcHANGES: ZONE CASE NO. 18»
ty· A ZONING CHANGE FROM,.,_ I i1 TO A-2 ZONING, FOR APART·
!MENTS, ON A PORTION OF
' '!LANDOUTOFSECTION2,
1 &LOCK J.s. LUBBOCK. TEXAS;
;o
'
f¥8?8
PHIWP HERNANDEZ
Notary Public, State of Tew
My Commission Expires 12-04-2001
f'&ECOND~EAEUI(G ClltDINANCE,' . WITH PENALTY
OROINANCE liiO. 111125 ,
L PROVIDING A PENAL TV; PRO-
rYIDING A SAVINGS CLAUSE :'(
iT ION, . · ORDINANCE NO, 10127
j. AND PROVIDING FOR PUBLICA· s
I< SECTION 2. THAT vkitotlonof any 1~-----------------------------.:..._:.._~ AN ORDINANCE AMENDING :provlllonaf.thltOrdln<tncuhall be ZONING ORDINANCE ·NO. 1084 ldftmedO mlsdemeanoriiUftlshabllt AI!ID THE OFFICIAL MAP OF
by a flnei'OI Ia exceed Two Thou· ' 1'HE CITY OF LUBBOCK MAK-ICI!ld and NQ/100 Dol !an ($2,000.00) ; I N G T H E F. 0 L L 0 W I N G r as provided In Sllctlon 29-31 of 1118 . CHANGES: ZONE CASE NO, t750. '
\Zoning Ordinance of the City al tO; A ZONING CHANGE FROM
•,. Lublloek. C·2A WITH CONDITIONS TO C·2
. ' ZONING.ON TRACTS A AND 8, \ ORDINANCE NO. 10130 .SOUTHWEST HAVEN ADDITION,
':AN ORDINANCE AMENDING LUBBOCK, TEXAS; PROVIDING
'ARTICLE X OF CHAPTER 2 OF A PENALTY; SUBJECT TO CON·
THE LUBBOCK CODE OF ORDI· .. DITtON$, PROVIDING A SAV·
NANCE$; AMENDING ART I• jiNGS.CLAUSE ANO PROVIDING cLESI AND Ill AND ADl)ING AN ;FOR PUBLICATION. ·ARTICLE tV TO CHAPTER If OF
THE LUBBOCK CODE OF ORDI· ·~SECTION 2. THATv!olotlonofany
NANCE$ ·ENTITLED "C tTY ,,pravlslonaflhls0rdinance$haU be THOROUGHFARE BEAUTIFICA· deemed a misdemeanor PUnishable TION ORDINANCE" WHICH DE· by fine not Ia exceed Two Thew-FINES STREET TREES AND IOndand NOIIOODollan (12.000.00)
PARK TREES I RELEGATES AU· OS PrOvided In Stetlon 29-31 of the THORJTY DYER THE PLANT·· Zonlnv Ordinance of the City Of lNG MAINTENANCE AND RE• LUbbock. MOVAL OF SAID PLANT MATE·
RIAL TO THE PARKS AND REt-ORDINANCE NO, 10121 REATION MANGER I SPECIFIES
RECOMMENDED AND PROHI6· AN ORDINANCE AMENDiNG
ITED SPEC:IES OF STREET ZONING ORDINANCE NO. 1084
TREES TO liE PLANTED, TtiE ANO THE OFFICIAL MAP OF
DISTANCES AT WHICH THEY THE CITY OF LUBBOCK MAK·
ARE TO BE l'LANTI!D FROM IN G THE F 0 L L 0 W 1 N G
EACH OTHER AND CONSTRUCT· CHANGES: ZONE CASE NO 2832·
ED ELI!MENTS IN THE LAND· ! A ZONiNG CHANGE FRoM R·l
SCAPEt PROVIDES FOR RE· TO R·l SPECIFIC USE itONING
VIEW AND IMPOSING A PENAL· · ON A PORTION OF LAND OUT TY FOR ALL ACTS IN VIOLA• OF SECTION 4 BLOCK E, LUB-
TION OF THE ORDINANCE AS A I!IOCk, TE XA$; PROVIDING A
'11-in;iift;oue'AHORrf'.RO'otlDES 'PENALTY; SUBJECT TOCONDI·
SAVINGS CLAUSE AND PRO· TIONS, PROVIDiNG A SAVINGS
. VIOES FOR PUBLICATION. , CLAUSE AND PROVIDING FOR
• .PUBLICATION. SECTION 4. Artt --vlolall!ll
anr 11rav1~1on of thlt .ordinance ·, $EC1'10N 3. THAT violation of anv
11100 lie, apOn camrk:tlon or a IliaD ·~Is Ions of tills Ordinance shall
81 vllllt'l. vutllf of a ClaP C mlsde-. deernea a misdemeanor PVnis!J. meanor punishable IIIC:C11rcllng IO , ble bv fine not to exceed Two
tile pravlsl-outlined In Section hou•and oncl NoJitO Dollars
1-4, CIMIIIIU 1 of the CitY COde. ' [' IIUIOO.oDl ""' II0'0¥1ded In Slletian
R482S . • r~~~~~~~~lnoncuftne