Ord 628 N.S. Regulation of Municipal Trees 12 04 25

ORDINANCE NO. 628 N.S. 
 
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, AMENDING THE TOLLESON CITY CODE, CHAPTER 8 HEALTH AND 
SANITATION, BY ADDING ARTICLE 8-7 TREES, TO PROVIDE FOR THE REGULATION 
OF MUNICIPAL TREES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; 
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES.   
 
WHEREAS, Arizona Revised Statutes (A.R.S.) § 9-240(B)(9) authorizes the City of Tolleson 
(the “City”) to adopt and maintain regulations governing the planting, protection and 
maintenance of trees within the City’s public grounds and rights-of-way; and, 
 
WHEREAS, the City recognizes that trees are a valuable part of the community 
infrastructure and that well-maintained trees enhance the comfort of the community by 
providing shade, preventing erosion, moderating temperatures, reducing storm water runoff, 
absorbing air pollution and dust, and reducing energy needs; and, 
 
WHEREAS, the City recognizes that well-maintained trees increase property values, 
enhance the economic vitality of business areas, beautify the community wherever they are 
planted, and are a source of joy and spiritual renewal; and, 
 
WHEREAS, the City recognizes that accepted industry standards exist for the maintenance 
and care of urban trees, and that promoting these standards significantly increases overall tree 
health and reduces liability and risk, ensuring that the community forest will increase in value and 
benefits provided; and, 
 
WHEREAS, the City recognizes that this Code amendment is critical to earn recognition as 
a “Tree City, USA,” as bestowed by the National Arbor Day Foundation, a designation that will 
increase the opportunity for the City to pursue and successfully obtain grant funding specific to 
the establishment, promotion, and management of the community forest; and, 
 
WHEREAS, the City desires to amend the City Code to provide for the regulation of City 
trees. 
 
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY 
OF TOLLESON ARIZONA, as follows: 
 
Section 1.  The recitals above are hereby incorporated as if fully set forth herein. 
 
Section 2.  The Tolleson City Code Chapter 8, Health and Sanitation, is hereby amended 
by adding a new Article 8-7: Trees, to read as follows: 
 
CHAPTER 8: - HEALTH AND SANITATION

CITY OF TOLLESON ORDINANCE NO. 628 N.S. 
DECEMBER 4, 2025 
PAGE 2 
 
 
ARTICLE 8-7: - TREES 
 
§ 8-7-1  -  Purpose. 
 
(A) This Article is enacted to further the following public purposes: 
 
(1) To promote efficient and cost-effective management of the City’s urban 
forest; 
 
(2) To foster community support for the City’s urban forestry programs and 
encourage good tree management on privately-owned properties by 
conducting an ongoing program of public outreach and education in order to 
promote public understanding of the City’s urban forest; 
 
(3) To obtain and maintain status as a “Tree City, USA”, by the National Arbor 
Day Foundation, a designation that will increase opportunities for the City to 
pursue and successfully obtain grant funding specific to the establishment, 
promotion, and management of our urban forest. 
 
§ 8-7-2  -  Definitions. 
 
(A) “Street Trees” are herein defined as trees, shrubs, bushes, and all other woody 
vegetation on land lying between property lines on either side of all streets, 
avenues, or ways within the City. 
 
(B) “Park Trees” are herein defined as trees, shrubs, bushes and all other woody 
vegetation in public parks having individual names, and all areas owned by the 
City, or to which the public has free access as a park. 
 
(C) "Removal" shall mean any intentional or negligent moving, carrying away, 
elimination or taking away of part or all of a tree. 
 
§ 8-7-3  -  Applicability and Administration.  
 
(A) This ordinance is applicable to all municipal trees on property owned or 
maintained by the City of Tolleson, including public rights-of-way, parks, 
retention basins, and other facilities. 
 
(B) The City of Tolleson Field Operations shall be responsible for routine 
administrative duties related to this Article and for the care and management of 
municipal trees.

CITY OF TOLLESON ORDINANCE NO. 628 N.S. 
DECEMBER 4, 2025 
PAGE 3 
 
 
(C) All officers and investigators of the city Police and Fire Departments, the city 
building official, code enforcement officers, building inspectors, code 
enforcement specialists, and the city arborist are authorized to issue notices to 
comply and citations for violations of this code within City jurisdiction. 
 
§ 8-7-4  -  Duties and Responsibilities. 
 
(A) It shall be the responsibility of the City of Tolleson Field Operations to study, 
investigate, counsel and develop and/or update every ten (10) years, and 
administer a written plan for the care, preservation, pruning, planting, 
replanting, removal or disposition of trees and shrubs in parks, along streets and 
in other public areas.  
 
(B) The City of Tolleson Field Operations shall make all reasonable and necessary 
efforts to facilitate the City of Tolleson achieving and maintaining “Tree City USA” 
status through the Arbor Day Foundation, and when requested by the City 
Council, shall consider, investigate, make finding, report and recommend upon 
any special matter or question coming within the scope of its work. 
 
§ 8-7-5  -  Public Tree Care. 
 
(A) The City shall have the right to plant, prune, maintain and remove trees, plants 
and shrubs within the lines of all streets, alleys, avenues, lanes, squares and 
public grounds, as may be necessary to ensure public safety or to preserve or 
enhance the symmetry and beauty of such public grounds.  The City may remove 
or cause or order to be removed, any tree or part thereof which is in an unsafe 
condition or which by reason of its nature is injurious to sewers, electric power 
lines, gas lines, water lines, or other public improvements, or is affected with any 
injurious fungus, insect or other pest.  
 
(B) With the exception of required maintenance, no person shall damage, cut, carve, 
attach any rope, wire, nails, advertising posters, or other contrivance to any 
municipal tree; allow any gaseous, liquid, chemical, or solid substance that is 
harmful to municipal trees to come in contact with them; or set fire or permit 
fire to burn when such fire or the heat will injure any portion of any municipal 
tree. 
 
§ 8-7-7  -  Penalty. 
 
(A) Unless otherwise specifically provided for in this Article, any person or corporation 
who shall violate any provision of this Article shall be deemed guilty of a class 1 
misdemeanor, and shall be punished as provided in § 1-1-8 of this Code.

CITY OF TOLLESON ORDINANCE NO. 628 N.S. 
DECEMBER 4, 2025 
PAGE 4 
 
 
I, CRYSTAL ZAMORA, CITY CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF 
ORDINANCE NO. 628 N.S. ADOPTED BY THE COMMON COUNCIL OF THE CITY OF TOLLESON ON 
THE 4TH DAY OF DECEMBER, 2025, WAS POSTED IN CITY CIVIC CENTER AND ON THE CITY’S 
WEBSITE, ON THE ____ DAY OF DECEMBER, 2025. 
  
______________________________ 
City Clerk 
Section 3.  Providing for Repeal of Conflicting Ordinances.   
 
All ordinances and parts of ordinances in conflict with this Ordinance or any part of the 
Code adopted herein by reference are hereby repealed. 
 
Section 4.  Providing for Severability.   
 
If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any 
part of the Code adopted herein by reference, is for any reason held to be invalid or 
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not 
affect the validity of the remaining portions thereof. 
 
Section 5.  Providing for Penalties.   
 
A violation of this Ordinance is subject to the following penalties: 
 
(A) 
Unless otherwise specifically provided for in this ordinance, any person or 
corporation who shall violate any provision of this ordinance shall be deemed 
guilty of a class 3 misdemeanor, and shall be punished as provided in § 10-99 of 
this Code. 
 
 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this 
4th day of December, 2025. 
 
 
____________________________________ 
Juan F. Rodriguez, Mayor 
 
 
                                                   ATTEST: ____________________________________ 
 
Crystal Zamora, City Clerk 
 
 
       APPROVED AS TO FORM: ____________________________________ 
 
Justin Pierce, City Attorney