Chapter 12.32
STREET TREES
Sections:
12.32.050 Authority of public services director.
12.32.060 Planting of street trees.
12.32.080 Abuse or mutilation of trees.
12.32.090 Open ground for trees.
12.32.100 Interference with work of public services director.
12.32.110 Erection, alteration or removal of structures.
12.32.140 Penalty for violation.
12.32.010 Short title.
This chapter may be referred to as the “Street Tree Ordinance.” [Ord. 1036 § 1, 1992.]
12.32.020 Purpose.
It is the purpose of this chapter to promote and protect the public health, safety and general welfare by providing for the regulation of planting, maintenance and removal of trees within the city. [Ord. 1036 § 1, 1992.]
12.32.030 Definitions.
In this chapter, unless context otherwise requires:
A. “Approved tree” means a street tree planted and growing in accordance with the management plan (PMC 12.32.040) as to variety and location;
B. “Director” means public services director or his appointed representative;
C. “Maintaining” or “maintenance” of a tree means and includes pruning, trimming, clipping, topping, spraying, mulching or otherwise caring for the tree;
D. “Nonconforming tree” means a street tree which is not an approved tree;
E. “Private tree” means a tree located on property not within a public right-of-way, public easement or on public property;
F. “Street tree” means a tree planted or growing within a public right-of-way, public easement, street, alley, road or way within the city;
G. “Street tree permit” means a written or printed authorization issued by the city public services department. [Ord. 1036 § 1, 1992.]
12.32.040 Administration.
The public services director shall plan, administer, control and regulate the street tree program of the city in accordance with this chapter. The director may develop policies and procedures to implement this chapter. [Ord. 1036 § 1, 1992.]
12.32.050 Authority of public services director.
The public services director has the authority to maintain and care for (1) street trees, and (2) private trees to the extent they overhang or project within a public right-of-way, street or public road, as needed. The director shall develop a program to encourage planting of approved street trees throughout the city. The director has the authority to require that the street trees be planted on all residential and commercial streets. [Ord. 1036 § 1, 1992.]
12.32.060 Planting of street trees.
No street tree shall be planted after May 6, 1992, (the effective date of the ordinance codified in this chapter) except in accordance with this chapter. [Ord. 1036 § 1, 1992.]
12.32.070 Permit required.
A. No person may plant, cut, trim, remove, prune, shape, injure, interfere with or do maintenance work on a street tree without first obtaining a street tree permit from the city public services department. The permit shall be issued only for work to be done in compliance with this chapter, and shall be issued without a fee. The public services department shall supervise work done under a permit.
B. If a person obtains a building permit or other permit from the community development department under PMC 12.32.110 or 12.32.120, and street tree work is required or authorized under that permit, the person need not obtain a separate street tree permit. The community development department shall notify the public services department of any permit requiring street tree work. The public service department shall supervise street tree work under the permit. [Ord. 1036 § 1, 1992.]
12.32.080 Abuse or mutilation of trees.
No person may:
A. Abuse, mutilate or destroy a street tree;
B. Attach or place a rope or wire (other than a rope or wire customarily used to support a young or broken tree), toy, sign, poster, handbill, paint or other substance, structure or thing to or on a street tree;
C. Allow a gaseous liquid or solid substance which is harmful to come in contact with a street tree. [Ord. 1036 § 1, 1992.]
12.32.090 Open ground for trees.
No person may place or maintain a stone, cement or other substance so that it impedes the free access of water or air to a street tree. At least 12 square feet of open ground shall be maintained around a street tree unless the public services director specifically permits otherwise. [Ord. 1036 § 1, 1992.]
12.32.100 Interference with work of public services director.
No person may interfere with the public services director or other employee or contractor while the employee or contractor is planting, maintaining, treating or removing a street tree or is removing a stone, cement or other substance from around the trunk of a street tree. [Ord. 1036 § 1, 1992.]
12.32.110 Erection, alteration or removal of structures.
When the erection, repair, alteration or removal of a structure necessitates the trimming, pruning, or removal of a street tree, such tree work may be done only after a written permit is issued by the community development department and at the expense of the applicant. Tree work shall be supervised by the public services department. As a condition to granting a permit for the removal of a tree under this section the applicant shall replace the removed tree with an approved tree. Before this permit is issued, the applicant shall deposit security (cash or a bond) with the city in an amount to cover the cost of replacing the tree. The city may use the security to defray its cost of replacing the tree if the applicant fails to do so within a reasonable time. [Ord. 1036 § 1, 1992.]
12.32.120 New development.
As a condition of approval of a parcel map, tentative map, conditional use permit, architectural review permit or building permit, the applicant shall plant trees on the property in accordance with this chapter. Before the final inspection for occupancy, the applicant shall either have the trees planted or deposit security (cash or bond) with the city in an amount to cover the cost of planting the required trees. The city may use the security deposit to defray the cost of planting trees if the applicant fails to do so. [Ord. 1036 § 1, 1992.]
12.32.130 Public utilities.
When a tree interferes with and interrupts service of a public utility company providing gas, water, electricity, telephone, telegraph or cable service within the city, the city may, without first obtaining a permit, trim or remove branches of trees to the extent necessary to restore service. [Ord. 1036 § 1, 1992.]
12.32.140 Penalty for violation.
A. A person who violates this chapter is guilty of a misdemeanor.
B. A person guilty of a misdemeanor shall be punished by a fine of not more than $1,000 or imprisonment in the county jail for a period of not more than six months.
C. A person is guilty of a separate offense for a violation of this chapter with respect to each separate tree. [Ord. 1036 § 1, 1992.]
12.32.150 Civil sanction.
In addition to paying the penalties for violation of this chapter, a person who removes or destroys a tree in violation of this chapter shall at the option of the city either:
A. Replace the tree with one of a similar kind and size; or
B. Compensate the city for the value of the tree. The value of the tree shall be based upon the opinion of an arborist. [Ord. 1036 § 1, 1992.]