The purpose of this Chapter is to protect trees on public property
within the City. Nothing in this Chapter shall be construed to limit
the City's discretion or ability to plant, maintain, or remove public
trees.
(Added by Ord. No. 2388CCS §
1, adopted 1/10/12)
For the purposes of this Chapter, whenever the following words
or phrases are used, the intent and meaning shall be interpreted as
follows:
The diameter of a tree measured at four feet six inches above
finish grade.
The Director of Community and Cultural Services, or the person
acting in such a capacity.
That portion of a public street right-of-way lying between
the curb and sidewalk.
(Prior code § 7600; amended
by Ord. No. 1242CCS, adopted 1/26/82; Ord. No. 2388CCS § 2,
adopted 1/10/12)
It shall be the duty of the Director to supervise the planting,
trimming, pruning, maintenance, removal, and care for all trees, shrubs,
or plants located in any street, sidewalk, parkway, alley or other
public property within the City.
(Prior code § 7608; amended
by Ord. No. 1242CCS, adopted 1/26/82; Ord. No. 2388CCS § 10,
adopted 1/10/12)
(a)
No
person shall remove, cut, trim, prune, plant, injure, or interfere
with any tree, shrub, or plant upon any street, sidewalk, parkway,
alley or other public property without having first obtained a City
permit authorizing such work. The permit may be granted on the condition
that the owner or authorized representative bears the cost of the
permitted work and on the condition that the owner or authorized representative
bear the cost of replanting any tree, shrub, or plant. The permit
shall become void unless work is completed within thirty calendar
days from the date of issuance of the permit. The time for completion
of the work required by the permit may be extended by the Director
if the applicant can demonstrate that continued delay:
(b)
The
Director may require the posting of a cash deposit or bond in an amount
sufficient to secure the completion of the work, and to indemnify
the City against any damages to public property arising from the exercise
of rights granted under the permit and to include the cost of inspection.
(Prior code § 7610; amended
by Ord. No. 1462CCS, adopted 1/10/89; Ord. No. 2388CCS § 12,
adopted 1/10/12)
No person shall interfere with any City employee or City contractor
engaged in:
(a)
Planting,
maintaining, or removing any tree, shrub, or plant on public property;
or
(b)
Installing,
maintaining or removing any stone, cement, or other substance from
the area immediately adjacent to any tree, shrub, or plant on public
property.
(Prior code § 7612; amended
by Ord. No. 1242CCS, adopted 1/26/82; Ord. No. 2388CCS § 14,
adopted 1/10/12)
(a)
No
person shall cause or authorize any brine water, oil, liquid dye,
or other substance deleterious to tree life, to lie, leak, pour, flow
or drip upon or into the soil about the base of any tree, shrub, or
plant in any street, sidewalk, parkway, alley or other public property
within the City, or onto any sidewalk, gutter, road, or pavement within
the City at a point from which such substance may harm or kill any
such tree, shrub, or plant.
(b)
No
person, without the approval of the Director, shall place or maintain
any stone, cement or other substance on any sidewalk, street, parkway,
alley or other public property so that it impedes the free access
of water or air to the roots of any public tree or otherwise harm
the health of the public tree.
(c)
No
person, without the approval of the Director, shall attach or keep
attached any wire, rope, swing, or any other object to any public
tree.
(d)
No
person shall plant or permit to grow any vine or planting that would
interfere with the growth or maintenance of any public tree.
(Prior code § 7613; amended
by Ord. No. 1242CCS, adopted 1/26/82; Ord. No. 2388CCS § 15,
adopted 1/10/12)
During the erection, repair, alteration or removal of any building,
house, or structure in the City, any person in charge of such work
shall protect any tree, shrub or plant in any street, sidewalk, parkway,
alley or other public property within the City in the vicinity of
such building or structure with sufficient guards or protectors as
to prevent injury to said tree, shrub or plant arising out of or by
reason of said erection, repair, alteration or removal. The Director
may promulgate regulations detailing the scope of protections necessary
to achieve the purpose of this Section.
(Prior code § 7615; amended
by Ord. No. 1242CCS, adopted 1/26/82; Ord. No. 2388CCS § 17,
adopted 1/10/12)
(a)
Criminal Penalty. Any person violating any provision of this
Chapter, including any regulation lawfully promulgated pursuant to
this Chapter, shall be guilty of an infraction, which shall be punishable
by a fine not exceeding two hundred fifty dollars, or a misdemeanor,
which shall be punishable by a fine not exceeding one thousand dollars,
or by imprisonment in the County Jail for a period not exceeding six
months or by both such fine and imprisonment.
In addition, in any case involving the destruction, defacing,
removal or injury to any public tree, the court may require restitution
in an amount necessary to reimburse the City for the value of the
items or material destroyed, defaced, removed or damaged as well as
any labor necessary to replant, restore, and cultivate the area, item
or material affected.
(b)
Civil Action. The City Attorney may enforce the provisions
of this Chapter by means of a civil action.
(d)
Nonexclusive Remedies and Penalties. The remedies provided
in this Chapter are not exclusive, and nothing in this Chapter shall
preclude any person from seeking any other remedies, penalties or
procedures provided by law.
(Added by Ord. No. 2388CCS §
19, adopted 1/10/12)
