The City Council is dedicated to a program to beautify the City
and to encourage the planting of more trees.
(Prior code § 7501; Ord. 44 § 1 1957)
The City Council shall, by resolution, approve a list of trees
acceptable for planting on streets within the City.
(Prior code § 7511; Ord. 44 § 2, 1957; prior code Am.
No. 67 § 2, 1970)
The City Manager shall exercise jurisdiction and control over
the planting, maintenance, care and removal of trees, palms, shrubs
or plants in all streets or other public highways of the City and
shall have such power, authority, jurisdiction and duties as are prescribed
in this chapter.
(Prior code § 7531; Ord. 44 § 4, 1957)
No tree, palm, shrub or plant shall be planted in any of the
streets or other public highway of the City until the City Manager
has first approved the kind and variety, designated the location therefor,
and granted the permit for planting the same.
(Prior code § 7541; Ord. 44 § 5, 1957)
A.
No
person, firm or corporation shall, without a permit from the City
Manager, remove, destroy, break, cut, trim, deface or in any other
way injure or interfere with any tree, palm, shrub or plant that is
now or may hereafter be growing in any street or other public highway
of the City.
B.
Such
permit shall specifically describe the work to be done thereunder,
and such permit shall be void after 30 days from the date of issuance.
C.
The
cost of removal of any tree, palm, shrub or plant for the benefit
or convenience of the property owner shall be paid for by such property
owner.
(Prior code §§ 7542—7544; Ord. 44 § 6, 1957)
No person, firm or corporation shall hitch or fasten any horse
or animal to any tree, palm, shrub or plant now or hereafter growing
in any street, or other public highway of the City; nor shall any
person, firm or corporation cause or permit any horse or other animal
to stand or be near enough to any tree, palm, shrub or plant to bite
or rub against or in any manner injure or deface the same; nor shall
any person, firm or corporation place a post for hitching of horses
or other animals within five feet of any tree, palm, shrub or plant
now or hereafter growing in any street or other public highway of
the City.
(Prior code § 7551; Ord. 44 § 7, 1957)
No person, firm or corporation shall attach or place any rope,
wire, sign, poster or handbill, or other thing, on any tree, palm,
shrub or plant now or hereafter growing in any street or other public
highway of the City or on any guard or protection of same; nor shall
any person, firm or corporation deposit or throw upon any street or
public highway or into any gutter thereof, any substance detrimental
to the growth of the tree, palm, shrub or plant, or deposit in such
gutter any receptacle containing such substance.
(Prior code § 7552; Ord. 44 § 8, 1957)
No person, firm or corporation shall remove, injure or misuse
any guard or device placed to protect any tree, palm, shrub or plant
now or hereafter growing in any street or other public highway of
the City.
(Prior code § 7553; Ord. 44 § 9, 1957)
No person, firm or corporation shall attach any electric wire,
insulator or any other device for holding electric wires to any tree,
palm, plant or shrub now or hereafter growing in any street or other
public highway of the City. No person, firm or corporation shall,
without written permission from the City Manager, trim, cut or break
any part of such tree, palm, shrub or plant in order to make passage
for such wires. Every person, firm or corporation having any wire
charged with electricity shall securely fasten the same so that such
wire shall not come in contact with any tree, palm, shrub or plant
in any street or public highway of the City.
(Prior code §§ 7554—7556; Ord. 44 § 10, 1957)
No person, firm or corporation shall hereafter, without the
written permit of the City Manager, place or maintain upon the ground
in any street or other public highway of the City stone, cement or
other material without leaving an open space of ground not less than
four square feet around the trunk of any tree six inches or less in
diameter, and for every three inches of increase in such diameter
there must be an increase of at least one square foot of open ground;
and whenever there is no such open space about any existing tree in
any street or other public highway of the City, the City Manager may
make such open space or cause the same to be made.
(Prior code §§ 7557, 7557.1; Ord. 44 § 11, 1957)
In the erection, alteration, moving or repair of any building,
structure or other object, the owner thereof or his or her agent shall
place or cause to be placed such guards around all nearby trees in
the street or other public highway of the City as shall effectively
prevent injury to them.
(Prior code § 7558; Ord. 44 § 12, 1957)
The owner, or agent, of every lot or parcel of land in the City
upon which any trees, palms, shrubs or plants are now or may hereafter
be standing, shall trim or cause to be trimmed the branches thereof
so that same shall not obstruct the passage of light from any street
light located in any street or other public highway adjacent to the
street or sidewalk; and such owner or his or her agent shall trim
all branches of any trees, palms, shrubs or plants which overhang
any street or other public highway so that there shall be a clear
height of eight feet above the surface of the street or other public
highway unobstructed by branches; and such owner or his or her agent
shall remove from such trees, palms, shrubs or plants all dead, decayed
or broken limbs or branches that overhang such street or other public
highway, and when any such trees, plants, shrubs or plants are dead,
such owner or his or her agent shall remove the same so that they
shall not fall in the street or other public highway.
(Prior code §§ 7561—7563; Ord. 44 § 13, 1957)
No person, firm or corporation shall prevent, delay or interfere
with any employee of the City in the planting, pruning, cultivating,
spraying or removal of any tree, palm, shrub or plant which is now
or may hereafter be growing in any street or other public highway
in the City or in the removal of stone, cement or other material from
about the trunk of any tree, palm, shrub or plant which is now or
may hereafter be growing in any street or other public highway of
the City.
(Prior code §§ 7564; Ord. 44 § 14, 1957)
The duty is imposed upon a property owner to notify the City
Manager when any tree, palm, shrub or plant in a public street adjacent
to his or her property is injuring or damaging any public sidewalk.
The City Manager is authorized to have removed, at the expense of
the City, such tree, palm, shrub or plant or to otherwise remedy the
dangerous condition.
(Prior code §§ 7565, 7566; Ord. 44 § 15, 1957)
The City Council shall adopt, by resolution, guidelines for
evaluation of development applications for street tree planting and
front yard planting compatible with established or desired street
tree planting. The Council shall also adopt, by resolution, street
tree planting concepts for Palm Avenue, Imperial Beach Boulevard,
and 13th Street to improve directional orientation to the beach area.
(Ord. 44 § 16, 1957; Ord. 620, 1984)
A.
Street
planting guidelines shall be applied to all future street planting
improvement projects and all private development permits affecting
street planting.
B.
The
City Manager shall have copies of the street planting guidelines made,
which shall be kept on file in the office of the City Manager and
may be obtained by the public at the cost of printing.
(Prior code §§ 7512, 7513; Ord. 44 § 17, 1957; Ord. 620, 1984)
Any person who, for him or herself or for any other person, violates any of the provisions of this chapter shall for each violation be deemed guilty of a misdemeanor and, upon conviction by any court having jurisdiction thereof, shall be punishable as provided in Chapter 1.12 of this code.
(Ord. 44 § 18, 1957; amended during 1995 republication)
