Chapter 6.01
MUNICIPAL TREE CARE OF PUBLIC TREES
Sections:
6.01.060 Abuse of public trees prohibited.
6.01.070 Interference with the City.
6.01.080 Nonliability of City.
6.01.010 Purpose.
The purpose of Chapter 6.01 SVMC is to promote and protect the public health, safety, and general welfare by regulating the planning, maintenance, and removal of trees on City-owned property within the City of Spokane Valley. (Ord. 20-027 § 1, 2020).
6.01.020 Definitions.
“City manager” means the city manager, or designee, or contracting entity chosen by the City.
“Maintain” or “maintenance” means the entire care of trees, including but not limited to the preparation of ground, fertilizing, mulching, planting, spraying, trimming, pruning, topping and root control.
“Public tree” means any tree growing in or upon a City planting strip, right-of-way, park, or other City-owned property, including street trees.
“Recommended planting list” means the recommended planting species list adopted in Chapter 22.70 SVMC, Appendix 22-A.
“Street tree” means any tree located upon property within the improved right-of-way in the City. (Ord. 20-027 § 1, 2020).
6.01.030 Authority.
Pursuant to RCW 35A.11.020, cities are authorized to improve, maintain, protect, regulate, use and beautify public ways and public property. As such, the city manager is authorized to designate the planting, pruning, maintenance and removal of public trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. Trees that would otherwise be regulated under Chapter 7.05 SVMC (public nuisance trees) or Chapter 22.70 SVMC (landscaping and street tree standards) shall be regulated by those chapters. (Ord. 20-027 § 1, 2020).
6.01.040 Planting standards.
A. Street trees shall be planted pursuant to SVMC 22.70.060.
B. The city manager shall authorize the creation of planting standards to govern the planting and maintenance of all public trees that are not street trees. The planting standards shall include provisions including, but not limited to, spacing requirements, planting distances from curbs and sidewalks, and planting near utility lines. The City shall confer with electrical utility providers within the City regarding these standards. The planting standards shall include the recommended planting list and, at the discretion of the city manager, may include other species.
C. The city manager may authorize the approval of planting of public trees outside of the recommended planting list. (Ord. 20-027 § 1, 2020).
6.01.050 Public tree removal.
A. For public trees found by and/or reported to the City to be dead, dying, diseased, or in an otherwise obviously dangerous condition likely to cause damage, the city manager shall take reasonable steps to remove said trees as allocation of resources permit, and may further authorize the replacement of all such trees. This provision does not create a requirement for the City to actively investigate or inspect public trees for defects, hazards, or dangerous conditions.
B. When any public tree is removed, the city manager shall cause to have the stump of said tree completely removed, which may include grinding the stump to a depth of at least one foot below the surrounding average finished grade. Adequate topsoil shall be used to fill the hole created by the removal of said stump, including accounting for settling of the topsoil.
C. Trees on private property meeting the definition of a public nuisance pursuant to SVMC 7.05.040(A) shall be addressed pursuant to Chapter 7.05 SVMC. (Ord. 20-027 § 1, 2020).
6.01.060 Abuse of public trees prohibited.
A. No person shall damage, remove, or cause the damage or removal of a public tree without written permission from the city manager.
B. No person shall attach or place any rope or wire (other than one used to support the tree itself), sign, poster, handbill, or other thing to any public tree. Exceptions with regard to public trees within parks, if any exceptions exist, may be found in Chapter 6.05 SVMC.
C. No person shall cause or permit any wire charged with electricity, with the exception of decorative lights for a period not exceeding 45 days per year, to come into contact with any public tree.
D. No person shall allow any gaseous, liquid, or solid substance which is harmful to such trees to come into contact with the roots or leaves of public trees. (Ord. 20-027 § 1, 2020).
6.01.070 Interference with the City.
No person shall prevent, delay, or interfere with the City or any of its agents, while engaging in the planting, maintenance, or removal of any public trees. (Ord. 20-027 § 1, 2020).
6.01.080 Nonliability of City.
Nothing in Chapter 6.01 SVMC shall be deemed to impose any liability upon the City, its officers, or employees, nor does it create any duty to inspect trees for defects, hazards, or dangerous conditions, and does not relieve the owner or occupant of any private property from the duty to keep trees and other vegetation upon private property or property under his control in a safe condition pursuant to Chapter 7.05 SVMC. (Ord. 20-027 § 1, 2020).
6.01.090 Violation.
Any person found to have violated any provision of Chapter 6.01 SVMC shall have committed a class 2 infraction. For violations of Chapter 6.01 SVMC, the City shall have all authority under the law to enforce violations, including but not limited to use of injunctive remedies through superior court. However, conduct that constitutes a violation of Chapter 7.05 SVMC shall be penalized pursuant to Chapter 7.05 SVMC. (Ord. 20-027 § 1, 2020).