Chapter 12.20
TREES
Sections:
12.20.020 Enforcing authority.
12.20.030 Planting and removal of trees.
12.20.060 Vision clearance at intersections.
12.20.070 Trimming of trees adjacent to sidewalks.
12.20.100 Dangerous trees a nuisance – Summary powers to remove same.
12.20.120 Abuse or mutilation of trees.
12.20.130 Violation and penalty.
12.20.010 Short title.
This chapter shall be known as the tree ordinance of the city of Myrtle Creek. [Ord. 543 § 1, 1985].
12.20.020 Enforcing authority.
The city administrator or his duly authorized representative shall be charged with the enforcement of this chapter. [Ord. 543 § 2, 1985].
12.20.030 Planting and removal of trees.
No trees or shrubs shall hereafter be planted in or removed from any public parking strip, sidewalk or other public place in the city without permission from the city. [Ord. 543 § 3, 1985].
12.20.040 Street tree plan.
All trees and shrubs hereafter planted in any public strip, sidewalk, or other public place in the city shall conform as to species and location to the street tree plan on file in the public works department of the city and which is hereby made a part of this chapter. [Ord. 543 § 4, 1985].
12.20.050 Prohibited trees.
It shall be unlawful to plant in any public parking strip or sidewalk planter the following trees:
(1) Poplar.
(2) Conifer.
(3) Fruit or nut trees.*
(4) Willow.
(5) Cottonwood.
(6) Ailanthus. [Ord. 543 § 5, 1985].
* Exceptions may be approved by the public works department for nonlittering species (lack of flower, fruit, etc.).
12.20.060 Vision clearance at intersections.
In order to provide a clear view of intersecting streets to motorists, there shall be a triangular area of clear vision maintained at the intersection of any two streets where no trees or shrubs shall be placed or planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet and 10 feet above the grade of the street centerline. The size of the restricted area for visibility shall be measured as described in the zoning ordinance provisions for “clear area.” [Ord. 543 § 6, 1985].
12.20.070 Trimming of trees adjacent to sidewalks.
No owner or person in charge of property that abuts upon a street or public sidewalk shall permit trees or bushes on his property to interfere with street or sidewalk traffic. It shall be the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to keep all bottom branches of trees and bushes on his premises and the adjoining parking strip trimmed to a height of not less than eight feet above the sidewalk and not less than 12 feet above the roadway. [Amended during 2012 recodification; Ord. 543 § 7, 1985].
12.20.080 Hazardous trees.
No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property. [Ord. 543 § 8, 1985].
12.20.090 Removal of trees.
The city administrator or his duly authorized representatives may cause to be trimmed, pruned or removed any trees, shrubs, plants or vegetation in any parking strip, sidewalk or other public place, or may require any property owner to trim, prune or remove any trees, shrubs, plants, or vegetation in a parking strip or sidewalk abutting upon said owner’s property. Failure to comply therewith, after 30 days’ notice by the city recorder, shall be deemed a violation of this chapter. [Ord. 543 § 9, 1985].
12.20.100 Dangerous trees a nuisance – Summary powers to remove same.
Any tree or shrub growing in a parking strip, sidewalk, or other public place, or on private property, which is endangering or which in any way may endanger the security or usefulness of any public street, sewer or sidewalk, is hereby declared to be a public nuisance, and the city may remove or trim such tree or may require the property owner to remove or trim any such tree on private property or in a parking strip or sidewalk abutting upon said owner’s property. Failure of the property owner to remove or trim such tree after 30 days’ notice by the city recorder shall be deemed a violation of this chapter, and the city administrator may then cause said tree to be removed or trimmed and assess the cost against the property. [Ord. 543 § 10, 1985].
12.20.110 Appeals.
Appeals from orders made hereunder may be made by filing written notice thereof with the city recorder within 10 days after such order is received, stating in substance that appeal is being made from such order to the city council. The city recorder shall thereupon call such appeal to the attention of the city council at the next regular meeting, at which meeting the appellant and the city administrator may present evidence. Action taken by the city council after such hearing shall be conclusive. [Ord. 543 § 11, 1985].
12.20.120 Abuse or mutilation of trees.
It shall be a violation of this chapter to abuse, destroy, or mutilate any tree, shrub, or plant in a public parking strip, sidewalk or other public place or to attach or place any rope or wire (other than one appropriately used to support a young or broken tree), sign, poster, handbill, or other thing to or on any tree growing in a public place or to cause or permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid, or solid substance which is harmful to such trees to come in contact with their roots or leaves. [Ord. 543 § 12, 1985].
12.20.130 Violation and penalty.
Any person violating any of the provisions of this chapter or failing to comply with them shall, upon conviction thereof, be punished by a fine not to exceed $100.00 or by imprisonment not to exceed 20 days, or both such fine and imprisonment. [Ord. 543 § 13, 1985].