"City"
means the city of Moreno Valley.
"Hazard"
means any tree, public or private, with visibly defined structural defects likely to cause failure of all or part of the tree, and be a danger to public safety.
"Maintain" or "maintenance"
means root pruning, trimming, spraying, watering, fertilizing, mulching, treating for disease or injury, or any other similar act which promotes growth, health, beauty and life of a street or publicly owned tree. This definition also includes the periodic elimination of ladder fuels.
"Park tree"
means a tree in a public park owned by the city or on other city owned properties to which the public has free legal access like a park.
"Parkway trees"
means trees planted in residential or commercial areas located between the curb and the sidewalk.
"Public right-of-way"
means an improved or unimproved public property owned by, dedicated, or deeded to the public or for the public's use, for the purpose of providing vehicular, pedestrian and other public use. For the purposes of this chapter, alleys are excluded from this definition.
"Relocate"
means the removal and replanting of a tree which will not result in the death of a tree.
"Street tree"
means a tree in the public right-of-way.
"Tree"
means any woody plant, which is 15 feet or more in height at maturity, with a single or multiple trunks, often unbranched for several feet above the ground and having a definite crown.
"Tree topping"
means "topping," "stubbing," or "pollarding" also defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree intermodal cuts causing stubs and disfigurement to an extent that produces less desirable results than more moderate pruning with respect to the natural form of the tree and which is generally hazardous to the overall health and stability of the tree.
(Ord. 923 § 1, 2017)
Only trees that are indigenous to the area, and/or suitable for the local climate shall be used. Site layout shall take into consideration Moreno Valley's climate by including trees, landscaping and architectural elements to provide shade, as appropriate for the available root and tree canopy space.
(Ord. 923 § 1, 2017)
A variety of design techniques are encouraged to be used including spacing and species variety to create safe, inviting, and functional pedestrian and cyclist environments in residential developments, including street trees planted to provide shade on pedestrian paths, sidewalks, and walkways.
(Ord. 923 § 1, 2017)
Public right-of-way and park trees shall be maintained by the responsible party or entity. For the city of Moreno Valley, the responsibility and authority for public tree care shall be vested with the public works and parks and community services departments.
The city of Moreno Valley, the city of Moreno Valley community services district, and the Moreno Valley housing authority shall have the right to plant, prune, maintain and remove public trees, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The city may cause to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is damaging to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any disease, insect or other pest.
(Ord. 923 § 1, 2017)
All nursery stakes and ties shall be removed at the time of planting. Stakes and ties are to be inspected to prevent rubbing and girdling that causes bark wounds. All trees shall be re-staked, realigned, or retied as necessary and per the approved landscape plans to aid and promote proper growth. Cinch ties shall be used to prevent bruising.
(Ord. 923 § 1, 2017)
It is unlawful for any person to cause tree topping to any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be subject to tree topping at the discretion of the city.
(Ord. 923 § 1, 2017)
All trees should be pruned, trimmed, and thinned as deemed necessary, depending on the person or public agency responsible for the maintenance of the trees.
All tree pruning shall be done in accordance with most current ANSI A300 Standards and per International Society of Arboriculture recommendations.
The initial step of pruning shall be the removal of all dead wood and weak, diseased, insect infested and/or damaged limbs. Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight to 10 feet above the surface of the street or sidewalk, at the discretion of the agency responsible for the maintenance of the tree. All branches overhanging the curb line on roadways shall have a 14 foot minimum vertical clearance.
All trees shall be thinned of smaller limbs to distribute the foliage evenly. All trees shall be trimmed and shaped to provide a symmetrical appearance typical of the species. All suckers and sprouts shall be cut flush with the trunk or limb. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline.
The city shall have the right to prune any tree located on private property, which encroaches on the public right-of-way.
(Ord. 923 § 1, 2017)
Persons or public agencies responsible for the maintenance and care of trees shall remove all dead, diseased or hazardous trees, or broken or decayed limbs which constitute a nuisance to the safety of the public. Removal shall be completed as soon as practical upon discovery. Removal of dead trees shall be accomplished as soon as feasible unless located within a conservation area.
(Ord. 923 § 1, 2017)
It is unlawful for any person to vandalize or damage any parkway tree, public-right-of-way tree, or park tree, or violate any provision contained in this chapter with regard to such trees. Any violation of this chapter shall be punishable by a fine not to exceed $1,000.
(Ord. 923 § 1, 2017)