(a)
It is unlawful for any person, firm or corporation (other than the
city, or persons acting under the city's authority) to plant, trim,
prune, cut, break, deface, destroy, burn or remove any shade or ornamental
tree, hedge, plant, shrub or flower growing, or planted to grow upon
any public highway, public ground or public property within the City
of West Hollywood without a permit issued pursuant to the provisions
of this chapter.
(b)
It shall be unlawful for any person, firm, or corporation (other
than the city, or persons acting under the city's authority) to deface,
bend, break or destroy, or in any manner injure or remove any frame,
post, trellis or other structure used to protect or support any tree,
hedge, plant, shrub or flower on any public ground, public highway
or public property, or to hitch or to tie dogs or other animals thereto,
or to plant thereon or attach thereto any sign, notice or other advertising
device.
(Prior code § 7300; Ord. 90-252 § 1, 1990; Ord. 00-585 § 2, 2000)
A permit to trim, prune or remove any tree, hedge, plant, shrub
or flower on public grounds, public highways or public property may
be granted by the Director of Public Works or the Director's designee
to:
a.
A person,
firm or corporation who owns or is the tenant or is in charge (or
a professional tree trimmer or tree surgeon employed by that person)
of the property adjacent to that portion of the highway on which the
shade or ornamental trees, hedges, plants, shrubs or flowers which
it is proposed to trim, prune, cut, break, deface, destroy, burn or
remove, grow;
b.
A person,
firm or corporation (or a professional tree trimmer or tree surgeon
employed by that person) having a valid, unrevoked easement or franchise,
the exercise of which is impaired by shade or ornamental trees, hedges,
plants, shrubs or flowers, and the trimming, pruning, cutting, breaking,
defacing, destruction, burning or removing of which is necessary to
the exercise of such easement or franchise.
(Prior code § 7301; Ord. 90-252 § 1, 1990)
Any person issued a permit pursuant to Section 11.36.020 shall deposit with the Director a sum sufficient, in the opinion of the Director or the Director's designee, to reimburse the city for any expense necessarily incurred to do corrective tree trimming necessitated by any trimming done by the permittee. The city shall deduct from the deposit the actual cost of any necessary corrective trimming or pruning and shall refund the balance to the permittee. Should the cost be greater than the deposit, the permittee upon demand shall pay to the Director of Public Works an amount equal to such excess. Further permits shall not be issued until such payment is made.
(Prior code § 7302; Ord. 90-252 § 1, 1990)
No permit for the removal of any tree shall be issued under
this chapter unless and until the applicant agrees to replace the
tree with another tree, of a type and quality to be determined by
the Director of Public Works. This condition may be waived by the
Director when replacement of such tree is not desirable in the public
interest.
(Prior code § 7303; Ord. 90-252 § 1, 1990)
(a)
Violating any of the provisions of this chapter by any person, firm or corporation shall constitute a misdemeanor punishable as set forth in Section 1.08.010(a).
(b)
In addition to any fine assessed for violation of any provision of
this chapter, any person violating any provision of this chapter shall
owe the city an amount equal to the cost of a replacement tree, hedge,
plant, shrub or flower of equal size to the tree, hedge, plant, shrub
or flower trimmed, pruned, cut, broken, defaced burned or removed.
Said amount shall constitute a debt owing to the city and may be collected
by the city in any manner permitted by law.
(Prior code § 7304; Ord. 90-252 § 1, 1990; Ord. 00-585 § 3, 2000; Ord. 05-711 § 2, 2005)
