Chapter 17.28
TREES, SHRUBS AND PLANTS
Sections:
17.28.010 City Engineer to supervise matters relating to trees, bushes and shrubs.
17.28.030 Planting in public way or area unlawful without permit.
17.28.040 Cutting, pruning, injuring, removing or spraying public trees unlawful without permit.
17.28.060 Electrical attachments, installations and conductors to be separate from street trees.
17.28.070 Interference with authorized work unlawful.
17.28.080 Obstruction of or interference with root areas unlawful.
17.28.090 Work on selected and dedicated trees unlawful without permit.
17.28.100 Penalty for violation.
17.28.010 City Engineer to supervise matters relating to trees, bushes and shrubs.
The City Engineer shall have supervision over all matters relating to trees, bushes, or shrubs now or hereafter planted in, along or on public streets, lanes, ways, sidewalks, walkways or other public areas, and also over all matters relating to trees, bushes or shrubs encroaching on or overhanging public areas, or which may hereafter encroach on or overhang such areas. [Ord. 472 § 1, 1955.]
17.28.030 Planting in public way or area unlawful without permit.
It is unlawful to plant any tree, bush or shrub in, upon, along or near any public street, lane, way, sidewalk, walkway or other public area unless a written application therefor, showing the place and spacing thereof, shall first have been approved by the City Engineer and a written permit therefor issued by him. [Ord. 472 § 3, 1955.]
17.28.040 Cutting, pruning, injuring, removing or spraying public trees unlawful without permit.
It is unlawful for any person, firm or corporation to cut, prune, break, injure or remove any tree, bush or shrub, or spray or treat any such tree, bush or shrub, located on any public area, unless a written permit so to do shall first have been obtained from the City Engineer; and it is unlawful to injure, interfere with or remove any device or guard placed for the protection of any such tree, bush or shrub. The written permit shall not be granted unless the work to be done thereunder is done by, or under the supervision of, a qualified tree specialist or when such work is expressly authorized by the City Council. Whenever any such tree, bush or shrub is to be cut down or removed, its butt and roots shall be dug up and removed, or cut level with the ground; and whenever any such tree, bush or shrub is trimmed, all dead wood and growth shall be cut out and the refuse removed. [Ord. 472 § 4, 1955.]
17.28.050 Construction or repairs unlawful without adequate protection for public trees, bushes or shrubs.
It is unlawful to erect or repair any building or structure, or to grade or landscape, or construct ramps or approaches, without first placing adequate guards around all nearby trees, bushes or shrubs planted or growing in or along any public area; and it is unlawful to fail or neglect to remove all trash or excavated dirt accumulated at the ground level of such trees, bushes or shrubs by reason of such erection, repair or construction work. The City Building Inspector shall cooperate in the carrying out of the purposes of this chapter, so that any applicant for a building permit, his architect or contractor, and the City Engineer may work out any necessary or advisable modifications of the work to be done under such permit as shall prevent or minimize injury of removal of trees, bushes or shrubs. [Ord. 472 § 5, 1955.]
17.28.060 Electrical attachments, installations and conductors to be separate from street trees.
It is unlawful for any person, firm or corporation to attach to any tree growing or planted in any public area any electrical wire, insulator or device intended to hold or fasten any electrical wire; it is unlawful for any person, firm or corporation to install or maintain any electrical conductor, sign, newspaper container, box or other receptacle along or over a public street area without securely placing and fastening the same so that it shall not come in contact with any tree in a public area; and it is unlawful for any person, firm or corporation to fail or neglect to remove, or shut off the electricity from, any such conductor placed or installed by such person, firm or corporation when such removal or shutting off of electricity is necessary to take down or prune any tree located in any public area and after such person, firm or corporation has been given 24 hours’ written notice so to do by the City Engineer. [Ord. 472 § 6, 1955.]
17.28.070 Interference with authorized work unlawful.
It is unlawful for any person, firm or corporation to prevent, delay or interfere with the planting, pruning, spraying or removal of any tree, bush or shrub located on a public area, or the removal of stone, cement or other substance around such tree, bush or shrub, when such work is being done by City employees, or by any independent contractor, or his employees, employed by the City to do such work. [Ord. 472 § 7, 1955.]
17.28.080 Obstruction of or interference with root areas unlawful.
It is unlawful for any person, firm or corporation to use or apply any chemical, weed or plant killing substance, or to place paving or building material, over or around the root area of any tree, bush or shrub located in any public area. [Ord. 472 § 8, 1955.]
17.28.090 Work on selected and dedicated trees unlawful without permit.
A. It is unlawful for any person, firm or corporation to cut, prune, break, injure or remove any tree selected and dedicated by the Sausalito Woman’s Club or the City of Sausalito, unless and until a permit to do so has been approved by the Trees and Views Committee of the City of Sausalito. No such permit shall be granted unless and until:
1. The Director of Public Works has received 10 days’ prior written notice of the application therefor;
2. The Trees and Views Committee has considered such application and has authorized the Director of Public Works to issue such permit.
B. Any person, firm or corporation violating this section by cutting, pruning, breaking, injuring or removing any such dedicated tree without such written permit shall be guilty of a misdemeanor and shall, upon conviction, be punishable by a fine not to exceed $500.00, or by imprisonment in the County Jail for a period of time not to exceed six months, or by both such fine and imprisonment.
C. To the extent or in any respect that this section is inconsistent or in conflict with any provision of SMC 17.28.010 through 17.28.080, the provisions of this section shall govern. [Ord. 1088 § 1, 1993; Ord. 563 §§ 1, 2, 3, 1959.]
17.28.100 Penalty for violation.
Any violation of any provisions of SMC 17.28.010 through 17.28.080 is declared to be a public nuisance, and each violation of any such provisions shall be punishable, upon conviction, by a fine not to exceed $500.00, or by imprisonment in the County Jail for a period of time not to exceed six months, or by both such fine and imprisonment. [Ord. 472 § 9, 1955.]