The purpose of this article (the "Act") is to maintain and protect the aesthetic quality of the City's residential and business environment and to establish a process and standards which will minimize uncontrolled cutting or destruction of trees within Klamath Falls. It is the intent of this Act to protect the scenic beauty and livability of the City by promoting a process for preserving and/or renewing its tree canopy and by implementing standards for the planting, maintenance and survival of desirable trees. This Act also recognizes the value of the urban forest for its effect on air quality and wildlife habitat, and as a noise barrier and visual contrast to the developed urban environment.
(Ord. 02-01, 2002)
As used in this article, the following terms shall have the meanings set forth in this section:
Park Trees.
Trees, shrubs, bushes, and all other woody vegetation in public parks and all areas owned by the City or to which the public has free access to use as a public park.
Planting Strip.
That part of a public right-of-way not covered by sidewalk or other paving being generally between the sidewalk and the curb.
Public Trees.
Park trees, street trees or other trees on publicly owned or controlled property.
Street.
The entire width of every public way or right-of-way when any part thereof is open to the use of the public for purposes of vehicular or pedestrian traffic.
Street Trees.
Trees on land lying within the right-of-way of any dedicated street.
Tree.
A woody perennial, usually with one main trunk, attaining a height of at least six feet at maturity, or a trunk diameter of at least two inches.
(Ord. 02-01, 2002)
A. 
It is in the best interest of the City that a Street Tree Plan be developed and established for the planting, maintenance and replacement of trees in and along its streets. This section is adopted for the purpose of providing for such a plan.
B. 
The City Manager shall prepare or cause to be prepared a Street Tree Plan for the planting and maintenance of trees in the streets of the City. Said plan shall be consistent with the landscaping provisions of Chapter 14 of the CDO and, until such time as the Plan is developed, those CDO provisions shall be applied under this Act.
C. 
The City Manager shall maintain a list of approved varieties of trees that may be planted on any street within the City in accordance with the Street Tree Plan. Approval shall be based upon considerations such as maturity, height, susceptibility to disease or pests, reasonable expected freedom from nuisance characteristics and general suitability for any particular locations.
D. 
The City may plant street trees along the streets of the City in the public right-of-way and in accordance with the Street Tree Plan.
(Ord. 02-01, 2002; Ord. 24-03, 5/20/2024)
A. 
Street trees shall be planted within the planting strips or sidewalks of any new subdivision or other development in conformity with the Street Tree Plan. All such planting shall be done in accordance with the planting specifications governing the placement of street trees as provided by the Plan. All trees shall be planted prior to initial occupancy.
B. 
The cost of such street trees shall be paid by the developer.
(Ord. 02-01, 2002)
All proposed changes in width in a street, or any proposed street improvement shall, where feasible, include allowances for planting strips. Plans and specifications for planting such areas shall be integrated into the general plan of street improvements. Any multifamily, commercial, industrial or public facility which causes change in street improvements shall comply with the Plan.
(Ord. 02-01, 2002)
Any person desiring for any purpose to cut, prune, or treat any street tree, shall make application to the City Planning Department on forms furnished by the City. Such application must state the number and kind of trees to be pruned or treated, the name of permittee and/or contractor, and the time by which the proposed work is to be done and such other information as may be required by the City. Any work done under such written permit must be performed in strict accordance with the terms and provisions of this Act. In issuing or denying a permit, the City Planning Department shall apply all the standards as set forth in this Act and the objectives on the Street Tree Plan. Permit fees shall be established by the City Manager pursuant to Section 1.075.
(Ord. 02-01, 2002; Ord. 24-03, 5/20/2024)
A. 
All street trees must be pruned to American National Standard (ANSI) Pruning Standards. A current copy of said Standards shall be available for review at the City Planning Department.
B. 
The owners of trees on private grounds and having branches projecting into the street shall maintain those trees in accordance with City Code Section 5.632.
C. 
The care and maintenance of street trees are the continuing duty and routine of the City.
D. 
Wherever the owner or owners, lessees, occupants or persons in charge of private grounds shall neglect or refuse to prune any tree as provided, said tree may be declared a nuisance pursuant to Chapter 5, Article 10 and the City may prune or treat, or cause to be pruned or treated, said tree. The person remedying the condition shall be authorized to enter the premises for that purpose. The nuisance abatement provisions of Chapter 5, Article 14 shall be followed for the collection of costs incurred by the City in abating the nuisance.
E. 
The City may prune and maintain, or cause to be pruned and maintained, all street trees and trees on private property which have branches projecting into and over the street, the cost of which shall be paid by the property owner, provided prior notice has been given and the property owner has failed to have the work done.
(Ord. 02-01, 2002; Ord. 18-06, 2018; Ord. 19-12 § 1, 2019; Ord. 24-03, 5/20/2024)
A. 
It is unlawful for any person to "top" or "head" any public tree contrary to the standards set out by ANSI. "Topping" is defined as the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree's crown (more than 20% in a calendar year) so as to destroy the existing symmetrical appearance or natural shape of the tree and disfigure the tree. 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 exempted in writing by the City Manager.
B. 
It is unlawful for any person to engage in the business, occupation or profession of tree trimming or pruning within the corporate limits of the City of Klamath Falls without first obtaining a business license as provided in Chapter 7, Article 1. Issuance of such business license shall be subject to attendance at a tree trimming and pruning class to be conducted by the City (provided, however, International Society of Arboriculture certified arborists or other education or certification approved by the City Manager, or designee, shall not be required to attend the class). Those employees and owners of tree trimming businesses who prune and maintain trees directly shall attend the class once every two years. Any contractor or business which prunes street trees shall provide proof of compliance with this section prior to contracting with the City or obtaining a permit as required by Section 3.730.
C. 
It is unlawful for any person to attach or keep attached to any public tree any ropes, wires, chains, or other device whatsoever, except that the same may be attached to any tree as support or protection. This prohibition shall not apply to the seasonal attachment of holiday lights.
D. 
During the erection, repair, alteration or removal of any building, sidewalk, or structure, it is unlawful for the person in charge of such erection, repair, alteration or removal to leave any public tree in the vicinity of such building or structure without a good and sufficient guard or protector as to prevent injury to such tree or its roots arising out of, or by reason of such erection, repair, alteration or removal.
E. 
It is unlawful for any person to abuse, destroy or mutilate any public tree, shrubs, bush or other woody vegetation without first obtaining a permit to do so.
(Ord. 02-01, 2002; Ord. 24-03, 5/20/2024)
A. 
It is unlawful to remove a public tree without first securing a permit from the City Planning Department as described in Section 3.730. Permits to remove public tree(s) will be granted only if Department staff determine that at least one of the following conditions exist:
1. 
The tree is dangerous and may be made safe only by its removal.
2. 
The tree is dead or dying, and its condition cannot be reversed.
3. 
The tree is diseased and presents a potential threat to other trees within the City, unless it is removed.
4. 
The tree is causing damage which cannot be corrected through normal tree maintenance, to nearby public or privates facilities.
5. 
Removal of the tree is required to make room for trees growing on either side, in accordance with the Street Tree Plan.
6. 
The tree is located under an electrical power line and would have to be severely disfigured by pruning, in order to meet power line clearances.
B. 
The permit to remove trees may also include a provision which would require the permittee to replace the tree(s) removed with tree recommended in the Tree Selection Guide. No additional permits shall be required for those replacement trees.
C. 
If a tree is removed from the subject area without a permit, the City Manager may order such tree replaced by a suitable tree as determined by the City Manager. Failure to comply with such order within a reasonable time, as determined by the City Manager, shall be deemed a separate violation of this Act.
(Ord. 02-01, 2002; Ord. 24-03, 5/20/2024)
A. 
Upon obtaining a written permit from the City Planning Department, a City franchised utility maintaining its utility system in the street may prune or cause to be pruned, using proper arboricultural practices in accordance with said permit, any tree located in or overhanging the street which interferes with any light, pole, wire, cable, appliance or apparatus used in connection with or as part of a utility system, but no tree shall be pruned without the consent of the abutting owner until the utility shall have given a written or printed notice to the owner or occupant of the premises. The owner or occupant has two weeks after mailing of the notice to have said trees pruned by a qualified line clearance contractor, in accordance with utility company or applicable industry requirements, at the owner's or occupant's expense and in accordance with the terms of this Act. If the owner or occupant fails, neglects or refuses to have such tree pruned as required by the notice, the utility may prune or cause to be pruned, the tree at its expense in accordance with the conditions of the permit. The Planning Department, at its discretion, may waive the notification of the single tree permit process if the utility adequately demonstrates the ability to meet the performance requirements of this Act and to consistently apply proper arboricultural practices to the pruning of trees.
B. 
In those cases where a tree cannot be pruned in such a manner as to preserve the physical or aesthetic integrity of the tree, it shall be removed and replaced by the utility at its own expense and in compliance with the replacement provisions of Sections 3.745 and 3.755.
(Ord. 02-01, 2002)
In addition to the National Standard (ANSI) Pruning Standards, the following regulations are hereby established for the care and removal of tree stumps in or upon the streets of the City. When trees are cut down, the stump shall be removed to a minimum depth of 12 inches below the surface of the ground, including all surface roots to a depth of 12 inches unless extenuating circumstances exist. Exceptions shall be approved by the City Manager. Grindings shall be placed back in the stump hole until such time as work is complete when approved topsoil shall be placed in the stump hole at or above the ground surface.
(Ord. 02-01, 2002; Ord. 24-03, 5/20/2024)
In addition to the procedures for enforcement set forth in this Act, the nuisance abatement procedures, including the imposition of enforcement fees, as set forth in Chapter 5, Articles 14 and 15, shall also be applicable to the enforcement of provisions of this Act.
(Ord. 02-01, 2002)
Any person who violates any provision of this article or who fails to comply with any notice issued pursuant to said provisions, shall be subject to a fine not less than $250.00 for each separate offense; each day during which any violation of the provisions of these sections shall occur or continue shall be a separate offense. Repeated violations may result in the revocation of the offending party's business license with the City. If, as the result of the violation of said provisions, the injury, mutilation, or death of a tree or shrub located in a right-of-way is caused, the cost of repair or replacement of such tree or shrub, of similar size, shall be borne by the party in violation.
(Ord. 02-01, 2002; Ord. 24-03, 5/20/2024)