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:
Diameter at standard height (DSH).
The diameter of a tree measured at four feet six inches above finish grade.
Director.
The Director of Community and Cultural Services, or the person acting in such a capacity.
Parkways.
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:
(1) 
Presents no health or safety hazard; and
(2) 
Will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners.
(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.
(c) 
Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(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)