It shall be unlawful and an infraction punishable by a maximum
fine of $500 for any person to plant, remove, prune, injure, or destroy
any street trees, as hereinafter defined, except in conformance with
this article's provisions.
(Ord. No. 705, § 1, 3-28-83)
For purposes of this article, the following terms shall have
their accompanying meaning:
means the director of public works or the director's designee.
means the area within a public right-of-way lying between
the curb and the sidewalk.
means any individual, association, partnership, or corporation,
and to the extent of the city's jurisdiction, any public entity.
means any plant of arborescent form planted and maintained
within a public right-of-way.
(Ord. No. 705, § 1, 3-28-83)
All street trees within the City of Cypress are the city's property.
The director shall have exclusive authority to inspect, maintain,
plant, remove, prune, root prune, or otherwise alter street trees
in accordance with the city council adopted Parkway Tree Policy which
may be amended from time to time.
(Ord. No. 705, § 1, 3-28-83; Ord. No. 1099, § 1, 2-11-08)
Editor's note: Ord. No. 1099, § 2, adopted
February 11, 2008, repealed §§ 24-45—24-48, which
pertained to requests for removal, pruning; private removal, pruning;
protesting removal of trees; planting; lists of acceptable species;
replacements; private work; subdivisions and derived from Ord. No.
705, § 1, 3-28-83.
(a)
It shall
be the duty of any person owning or operating any utility within a
public right-of-way, including any water, sewer, gas, electrical,
telephone, or cable television service, to maintain such utility in
a manner that prevents damage to street trees.
(b)
Any
person excavating, trenching or otherwise engaging in subsurface works
within a public right-of-way shall not cut any street tree root exceeding
three inches in diameter unless they obtain the director's specific
authorization. In addition to penalties otherwise prescribed by this
article, any person who cuts a street tree root in excess of three
inches in diameter without authorization, shall be liable for the
cost of the tree's removal and replacement should the director determine
the tree's removal to be necessary, or shall be liable for the costs
of remedial pruning should the director determine such to be necessary.
(Ord. No. 705, § 1, 3-28-83)
[1]
Editor's note: Ord. No. 1099, § 3, adopted February
11, 2008, repealed § 24-50, which pertained to damage to
public improvements by tree and derived from Ord. No. 705, § 1,
3-28-83.
