Chapter 13.04
TREES, SHRUBS AND PLANTS
Sections:
13.04.020 Urban forest maintenance management plan.
13.04.060 Picking flowers, injuring shrubs, etc., prohibited.
13.04.090 Permit for planting trees or shrubs.
13.04.120 Guarding trees, shrubs or plants in public place near building construction.
13.04.160 Removal of electric wires or power while removing or pruning trees or shrubs – Notice.
13.04.200 Violations – Penalty – Restitution.
13.04.010 Definitions.
(1) “Director” for purposes of this chapter shall mean the director of parks and recreation, or his/her designee.
(2) “City tree” shall mean any tree in the city of Longview’s urban forest as identified in the written inventory maintained by the parks department and those trees located at the Mint Valley Golf Course.
(3) “Park” shall mean and includes all public parks, public squares, golf courses, bathing beaches, and play and recreation grounds within the city limits, and includes all city ball fields and all city leased or rented schools or private property when the same are being used for public recreation.
(4) “Plant” for purposes of this chapter shall mean any of various photosynthetic organisms of the kingdom Plantae characteristically containing chloroplasts, having cellulose cell walls, lacking the power of locomotion, and having no woody stem, not a tree, located on city property or right-of-way.
(5) “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.
(6) “Shrub” for purposes of this chapter shall mean any woody plant of relatively low height having several stems from the base and lacking a single stem, located on city property or 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) “Urban forest maintenance management plan” or “plan” shall mean that plan followed by the city in the maintenance of its trees as identified in LMC 13.04.020. (Ord. 3125 § 4, 2010).
13.04.020 Urban forest maintenance management plan.
A document, one copy of which is on file in the office of the city clerk of the city of Longview, being marked and designated as the “urban forest maintenance management plan,” shall be and is hereby adopted, including any subsequent amendments thereto, as the urban forest maintenance management plan of city trees, and each and all of the regulations, provisions, penalties, conditions and terms of said plan are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, together with the additions, insertions, deletions and changes, if any. (Ord. 3125 § 4, 2010).
13.04.060 Picking flowers, injuring shrubs, etc., prohibited.
It shall be unlawful for any person to pick any flowers within the area of any public park or playground in the city, or on property of the city, except upon express permission in writing of the director or the city manager. (Ord. 3125 § 4, 2010; Ord. 2122 § 1, 1983. Formerly 10.32.060).
13.04.080 Trees, shrubs and plants – Cutting, removing, injuring, placing posters and fixtures thereon.
(1) No person shall, without a written permit of the director or the city manager, do any of the following to any city tree, shrub or plant:
(a) Cut, prune, rake, climb, injure or remove;
(b) Cut, disturb, or interfere in any way with the roots;
(c) Spray with any chemicals or insecticides;
(d) Place any rope, sign, poster or other fixture on such;
(e) Damage, injure, misuse or remove any device placed to protect such;
(f) Fasten a horse or other animal to such or cause a horse or other animal to stand so that the horse or animal could injure such;
(g) Place or hereafter maintain upon the ground of a city tree, shrub or plant, stone, cement or other substance which shall impede the free passage of water and air to the roots of such tree, shrub, or plant without leaving an open space of ground outside of the trunk of such tree or shrub in an area not less than 16 square feet or four square feet if a plant;
(h) Pour salt water or other injurious liquid upon such;
(i) Attach any electric wire, insulator, or any device for the holding of an electric wire to such;
(j) Allow any wires charged with electricity to come in contact with such unless specifically permitted in writing by the director or the 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 the city manager, as set forth in LMC 13.04.160; or
(k) Interfere in any way with the health and maintenance of the tree, shrub or plant.
(2) It will be the sole responsibility of a person to contact the parks department of the city to determine whether or not a tree, shrub or plant is under the ownership or control of the city. (Ord. 3125 § 4, 2010; Ord. 2122 § 1, 1983. Formerly 10.32.080, 10.32.100, 10.32.110, 10.32.130 – 10.32.150).
13.04.090 Permit for planting trees or shrubs.
No tree or shrub shall be planted in any city-owned property or right-of-way except upon the specific written direction of the director or the city manager. (Ord. 3125 § 4, 2010; Ord. 2122 § 1, 1983. Formerly 10.32.090).
13.04.120 Guarding trees, shrubs or plants in public place near building construction.
In the erection or repair of any building or structure, the owner thereof shall place such guards around all nearby city trees, shrubs or plants as shall effectively prevent injury to them. (Ord. 3125 § 4, 2010; Ord. 2122 § 1, 1983. Formerly 10.32.120).
13.04.160 Removal of electric wires or power while removing or pruning trees or shrubs – Notice.
Every person having wires charged with electricity running through a public highway, park, parking strip or other public place shall temporarily remove any such wires or the electricity therefrom when it shall be necessary, in order to take down or prune any city tree or shrub within 24 hours after the service upon the owner of the wires, or his agent, of a written notice to remove the wires, or the electricity therefrom, signed by the director or the city manager. (Ord. 3125 § 4, 2010; Ord. 2122 § 1, 1983. Formerly 10.32.160).
13.04.200 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. 3125 § 4, 2010).
13.04.300 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. 3125 § 4, 2010).