Chapter 13.30
VEGETATION ON PUBLIC PROPERTY
Sections:
13.30.030 Community forestry program.
13.30.040 Prohibition of damaging public trees or landscaping.
13.30.010 General.
The regulations provided herein supplement the provisions of Chapter 13.20 UPMC, Article VIII, Chapter 19.65 UPMC, and other City ordinances that require the planting and maintenance of trees and other vegetation within the City.
(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).
13.30.020 Purpose.
A. To protect and preserve trees, shrubs, bushes, flowers and other landscaping on public lands and within the public right-of-way;
B. To preserve and enhance the City’s aesthetic character and maintain visual screening and buffering;
C. To prevent landslides, accelerated soil creep, settlement and subsidence hazards;
D. To preserve habitat to the greatest extent feasible;
E. To minimize the potential for flooding, erosion, siltation or other forms of pollution in bodies of water or drainage courses;
F. To enhance and encourage the planting of new trees within the City and improve the care and maintenance of trees on publicly owned land.
(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).
13.30.030 Community forestry program.
A. Tree Department. The Public Works and Parks Department is hereby designated as the City’s Tree Department.
B. Community Forestry Plan. The Tree Department shall work in conjunction with the City Council Departments, and Committees and Commissions to develop a community forestry plan. The community forestry plan shall specify how the City can enhance, encourage, and require the planting of new trees within the City as well as improve the care and maintenance of trees on publicly owned land.
C. Care of Trees on Publicly Owned Property. The Tree Department shall be authorized to maintain trees on publicly owned property. If the Public Works and Parks Director determines that a tree on publicly owned property is likely to pose a threat to public health and safety, the Public Works and Parks Director may secure an assessment of the tree by an arborist, forester, or landscape architect. If the assessment indicates the tree is unhealthy or indicates that additional measures are required to ensure public safety, the Public Works and Parks Director is authorized to take reasonable action to preserve the tree. If the assessment indicates the tree should be removed, the Public Works and Parks Director is authorized to remove the tree. In the event of an emergency, the Public Works and Parks Director is authorized to take immediate action to protect the health, safety, or welfare of the public.
D. Annual Reports to Council Required. The City Manager, or designee, shall provide the City Council with a report each year on the per capita dollar amount expended within the City’s budget on the community forestry program.
E. Arbor Day Observance. The City Manager, or designee, shall provide for the celebration of Arbor Day each year within the City.
(Ord. 518 § 1, 2008; Ord. 423 § 41, 2004; Ord. 395 § 3, 2003).
13.30.040 Prohibition of damaging public trees or landscaping.
A. No person shall cut, remove, top, damage, prune, or trim any tree, bush, shrub, flower or other landscaping located in the City on public land or in the public right-of-way without first having obtained a permit. A permit may be issued for the removal of trees or other vegetation on public land or right-of-way only if the vegetation is dead, terminally diseased or hazardous and has been certified as such by an arborist, forester, landscape architect, or the Director.
B. The following actions shall be exempt from the provisions of this section; provided, that any areas disturbed by these actions are stabilized:
1. Removal of trees or other vegetation by the Parks and Public Works Department, Fire District and/or public or private utility in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of services provided by a utility.
2. Removal, cutting, pruning, or trimming of any vegetation that the Director determines to be of little value to the community. The Director shall judge value based on appearance and function.
3. Removal, cutting, pruning, or trimming of trees or other vegetation, which is approved by the Director and essential for the maintenance or development of public or private utilities, public rights-of-way, public easements, or public property.
C. Trees in the right-of-way must be protected during construction in accordance with the tree protection measures set forth in Chapter 19.65 UPMC.
(Ord. 518 § 1, 2008; Ord. 423 § 42, 2004; Ord. 395 § 3, 2003).