Chapter 12.02
MAINTENANCE OF STREET TREES AND PLANTING STRIPS
Sections:
12.02.020 Planting in planting strips.
12.02.030 Protection of street trees.
12.02.060 Guarding street trees near building construction.
12.02.080 Maintenance of landscaping in planting strips.
12.02.100 Violations – Penalty – Restitution.
12.02.010 Definitions.
As used in this chapter, the following definitions shall be applicable:
(1) “Director” for purposes of this chapter shall mean the director of parks and recreation, or his/her designee.
(2) “Improved right-of-way” shall mean that strip of land dedicated and improved and developed to city standards for public use as a street or sidewalk.
(3) “Planting strip” shall mean the following:
(a) Where there is a curb to a public street and a sidewalk, then the area of land lying between the curb and a paved sidewalk parallel or approximately parallel to such curb;
(b) Where there is no curb to a public street and a sidewalk, then the area of land lying between the edge of the paved surface of the public street and the sidewalk parallel or approximately parallel to such public street;
(c) Where there is a curb to a public street and no sidewalk (within the industrial/manufacturing zones), then the area of land located (i) within five feet of the paved surface of the street, and (ii) within the right-of-way; or
(d) Where there is a curb to a public street and the sidewalk is directly adjacent to the curb, then the area of land located (i) within seven feet of the paved surface of the sidewalk, and (ii) within the right-of-way.
(4) “Right-of-way” shall mean the total width of a dedicated public street as shown on a plat or as described in a written dedication document.
(5) “Street tree” shall mean a tree existing within any planting strip.
(6) “Street” shall mean an improved right-of-way.
(7) “Tree” shall mean a woody perennial plant that grows to a height of several feet and typically has a single erect main stem with side branches.
(8) “Unimproved right-of-way” shall mean that strip of land which has been dedicated, but not developed or improved to city standards for public use as a street or sidewalk. (Ord. 3126 § 1, 2010).
12.02.020 Planting in planting strips.
No tree or shrub shall be planted in any planting strip until such tree or shrub has been approved and the place where it is to be planted designated by the director, and a written planting/pruning permit granted therefor. (Ord. 3126 § 1, 2010).
12.02.030 Protection of street trees.
No person shall, without a written permit of the director or city manager, do any of the following to any street tree:
(1) Cut, prune, rake, climb, injure or remove;
(2) Cut, disturb, or interfere in any way with the roots;
(3) Spray with any chemicals or insecticides;
(4) Place any rope, sign, poster or other fixture on such tree;
(5) Damage, injure, misuse or remove any device placed to protect such tree;
(6) Fasten a horse or other animal to such tree or cause a horse or other animal to stand so that the horse or animal could injure such tree;
(7) Place or hereafter maintain upon the ground of a street tree, stone, cement or other substance which shall impede the free passage of water and air to the roots of such tree, without leaving an open space of ground outside of the trunk of such tree in an area not less than 16 square feet;
(8) Pour salt water or other injurious liquid upon such tree;
(9) Attach any electric wire, insulator, or any device for the holding of an electric wire to such tree except as approved in writing by the director or city manager;
(10) Allow any wires charged with electricity to come in contact with such tree (unless specifically permitted in writing by the director or city manager, subject to the removal of the electrical wires to allow for the removal or pruning of the tree(s), shrub(s) or plant(s) as directed by the director or city manager, as set forth in LMC 13.04.160; or
(11) Interfere in any way with the health and maintenance of the tree. (Ord. 3126 § 1, 2010).
12.02.060 Guarding street trees near building construction.
In the erection or repair of any building or structure, the owner thereof shall place such guards around all nearby street trees as shall effectively prevent injury to the tree. (Ord. 3126 § 1, 2010).
12.02.080 Maintenance of landscaping in planting strips.
Except for street trees, the owner or occupant of any real property abutting a sidewalk next to a planting strip, or directly abutting a planting strip, shall maintain the landscaping and/or grass-covered area of the planting strip in compliance with Chapter 16.30 LMC, including, but not limited to, keeping such property free of vehicles, debris, leaves, trash, junk and other substances. (Ord. 3126 § 1, 2010).
12.02.100 Violations – Penalty – Restitution.
(1) Criminal Penalties. Any violations of this chapter that may meet the criteria of a criminal act, such as theft, malicious mischief or other applicable crime, should be referred to the Longview police department for investigation and charges. The penalties for such criminal act shall be that as set forth in the applicable laws of the Longview Municipal Code or state of Washington.
(2) Civil Penalties. Any violations not otherwise determined to be a “criminal act” should be processed in accordance with Chapter 1.33 LMC. To supplement that chapter, civil penalties for violation of this chapter shall be as follows:
(a) Basic initial penalty of $200.00 per violation, plus restitution, if any, except as otherwise stated.
(b) Additional initial penalties and/or offset of such penalties as provided in LMC 1.33.430. (Ord. 3126 § 1, 2010).
12.02.150 Severability.
If any section, subsection, sentence, clause, phrase, words or word of this chapter is for any reason found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the constitutionality or validity of the remaining portions of this chapter, it being expressly declared that each section, subsection, sentence, clause, phrase, words or word would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, words or word be declared or otherwise found unconstitutional or invalid for any reason. (Ord. 3126 § 1, 2010).
12.02.160 Interpretation.
In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 3126 § 1, 2010).