PUBLIC TREES

Memphis Code of Ordinances tit. 12, ch. 12-70

in effect

Memphis Code of Ordinances § 12-70-1 Definitions.

Sec. 12-70-1. - Definitions. Park trees are hereby defined as trees in city parks or city park-like areas to which the public has free access as a park. Public trees are hereby defined as trees located on city property. Tree is hereby defined as any self-supporting woody perennial plant, having one to several main stem[s] (trunk) and many lateral branches, extensive root system, and at maturity normally attaining a trunk diameter greater than three inches at any point and a canopy height greater than 15 feet. Each category of tree should be planted in the appropriate space and environment. A. Large tree is a tree generally expected to reach a height in excess of 50 feet at maturity. B. Medium tree is a tree generally expected to reach a height between 25 and 50 feet at maturity. C. Small tree is a tree generally expected to reach a height between 15 and 25 feet at maturity. (Ord. No. 5494, 3-5-2013)

Memphis Code of Ordinances § 12-70-2 Creation and establishment of Memphis Tree Board.

Sec. 12-70-2. - Creation and establishment of Memphis Tree Board. There is hereby created and established the Memphis Tree Board (hereafter "board"). A. Duties and responsibilities. It shall be the responsibility of the Memphis Tree Board to serve as an advisory board and recommend policies and practices to the director of park services and neighborhoods that have positive contributions to the establishment, management, enhancement, maintenance, and conservation of public trees in the City of Memphis. The board also serves to develop and promote public awareness programs that identify the community benefits from the establishment and maintenance of public urban trees, along with nurturing private/public collaborations to fund and further promote a public tree conservation program. B. Board composition and qualifications. The board shall consist of seven members which shall include three officers: chairperson, co-chairperson, and treasurer. Each member shall be a resident of the City of Memphis and shall be appointed by the mayor, subject to the approval of the Memphis City Council. Three of the members are required to be a certified professional arborist, horticulturalist, or forester. The majority of the board members shall recommend the appointment of a chairperson to be approved by the director of parks and neighborhoods. The chairperson shall select the co-chairperson and the treasurer. C. Term. The term of each member shall be for a period of three years. Upon the expiration of a term, a member may be reappointed as his or her successor. The chair shall serve successive three-year terms, unless removed by the mayor. In the event of a vacancy during the term of any member, a successor shall be appointed by the mayor, subject to the approval of the council, to serve the remainder of such member's unexpired term. D. Removal. A member may be removed from the board for continued absence from meetings or other just cause in accordance with the procedure for removal of board or commission members provided by the City of Memphis Charter. (Ord. No. 5494, 3-5-2013)

Memphis Code of Ordinances § 12-70-3 Public tree care.

Sec. 12-70-3. - Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs on public property, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of the site. (Ord. No. 5494, 3-5-2013)

Memphis Code of Ordinances § 12-70-4 Tree pruning requirements.

Sec. 12-70-4. - Tree pruning requirements. No person shall top any public tree. Any tree requiring pruning to ameliorate any public safety issues, to ensure the safe distribution of public energy, to remove obstruction of street lights from any lamps or other public obstruction, shall be pruned according to ANSI standards. Topping a tree shall be used only when pruning by ANSI standards fail to address the foregoing issues. (Ord. No. 5494, 3-5-2013)

Memphis Code of Ordinances § 12-70-5 Removal of stumps.

Sec. 12-70-5. - Removal of stumps. The city will utilize its best efforts and embrace the operational preference to remove tree stumps below the surface of the ground. (Ord. No. 5494, 3-5-2013)

Memphis Code of Ordinances § 12-70-6 Tree contractor's insurance and bond requirements.

Sec. 12-70-6. - Tree contractor's insurance and bond requirements. The city shall require individuals and companies conducting any pruning, treating or removing of park or public trees as defined in this chapter to satisfy the following requirements: A. To protect the public, the city shall require any company or contractor which removes or maintains trees as a business on public lands to: 1. Furnish an acceptable surety bond covering the work in which they are engaged and provide proof of liability insurance satisfactory to city, upon the terms and conditions set forth in this section. a. The bond shall be in a sum of 100 percent of the cost of the work to be performed and be executed by the applicant as principal and by a solvent corporation authorized to do business within the State of Tennessee as surety; b. The bond shall be for a minimum term of one year and shall extend to cover the period of the contract with the city; c. The bond shall not be canceled or terminated until at least 30 days after a notice of cancellation of the bond is received by the city risk manager; d. The principal will at all times do all pruning, trimming and removing of trees strictly in accordance with this article; e. All work will be done in a good and workmanlike manner; f. The city shall be fully indemnified and held whole and harmless from any cost, expense, damages to real property or personal injury done to any person or property in the prosecution of such work that may arise out of or be occasioned in the performance of such work; and g. The company or contractor will cause all streets, alleys and sidewalks that have been impaired in any manner to be repaired and put in the same condition as they were before the work was done. 2. Provide to the city risk manager an insurance policy or certificate of insurance with coverage for personal injury and property damage, including coverage for damage to trees, in amounts of not less than $50,000.00 property damage, $100,000.00 for bodily injury or death, and aggregate limits of $500,000.00 for each incident or occurrence. The city shall be named as an additional insured on any such policies and certificates of insurance and the company shall agree to indemnify the city as part of any contract with the city against any loss, liability or damage resulting from performance of the contract. 3. Have at least one certified arborist employed by each company operating within the city. 4. In addition, workmen's compensation insurance satisfying the statutes of the State of Tennessee shall be on file with the city risk manager. 5. Should any policy be cancelled, the city shall be notified of such within ten days after such cancellation is effective, and a provision to that effect, which shall also place upon the company writing such policy the duty to give such notice, shall be incorporated in each such policy. (Ord. No. 5494, 3-5-2013)

Memphis Code of Ordinances § 12-70-7 Penalty.

Sec. 12-70-7. - Penalty. Any person violating any provision of this chapter shall be subject to a fine not to exceed $50.00. The appeal of any fine imposed hereunder shall be handled in accordance with section 1-8 of the Memphis City Code of Ordinances. (Ord. No. 5494, 3-5-2013)

Memphis Code of Ordinances § 12-70-8 Indemnification.

Sec. 12-70-8. - Indemnification. Nothing contained in this chapter shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any street tree area on his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any public property or rights-of-way or public place within the city. (Ord. No. 5494, 3-5-2013)

Memphis Code of Ordinances § 12-70-9 Conflicts.

Sec. 12-70-9. - Conflicts. Should any section, clause, or provisions of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole, or parts thereof, other than the part so declared to be invalid. (Ord. No. 5494, 3-5-2013)

Memphis Code of Ordinances § 12-70-10 Severability.

Sec. 12-70-10. - Severability. If any subsection, sentence, clause, provision or part of this chapter shall be held invalid for any reason by a court of the competent jurisdiction, the remainder of this chapter shall not be affected thereby, but shall remain in force and effect. (Ord. No. 5494, 3-5-2013)

Memphis Code of Ordinances § 12-70-11 Effective date.

Sec. 12-70-11. - Effective date. This chapter is hereby declared to be of immediate necessity for the preservation of public peace, health, and safety, and shall be in full force and effective from and after its passage and publication as provided by law. (Ord. No. 5494, 3-5-2013)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12-70PUTRFetched: 10/28/2026