HomeMy WebLinkAbout4/10/2003 - Agenda PacketAPRIL 10, 2003
APPROVED PB &R AD HOC TREE
MEETING AGENDA
• CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
AD Hoc Tree Committee
Thursday, April 10, 2003— 7 -9PM
City Council Chambers
3300 Newport Boulevard, Newport Beach
AGENDA
1. Call to Order — Chair Allen
2. Reports:
a. Report from the Assistant City Attorney regarding the terms and
conditions of the Settlement Agreement with the Balboa Arbor
Society that are relevant to the duties and responsibilities of the
Committee. (7:00 p.m. to 7:10 p.m.)
• b. Report from the General Services Director regarding Council
Policy G -1 and Chapter 13.08 of the Newport Beach Municipal
Code. (7:10 p.m. to 7:20 p.m.)
3. Introductory Comments by Chair Allen. (7:20 p.m to 7:25 p.m.)
4. Committee Member discussion of the scope of the review to be
conducted by the Committee and the general areas or specific issues
each Member, would like to be considered. (7:25 p.m. to 7:40 p.m.)
5. Public testimony regarding the general areas or specific issues the
Committee should consider during its review of Council Policy G -1
and Chapter 13.08 of the Newport Beach Municipal Code. (7:40 p.m.
to 8:50 p.m.). Testimony is limited to 3 minutes per person subject to
extensions granted by the chair for persons who represent, and are
speaking on behalf of every member of a group
6. Public Comments on non - agenda items within the limited subject
matter jurisdiction of the Ad Hoc Committee — comments are limited
to 2 minutes per person. (8:40 p.m. to 8:50 p.m.)
7. Committee direction to staff regarding the items on the next agenda.
(8:50 p.m. to 9:00)
• 8. Adjourn to the meeting of April 24, 2003. (9:00 p.m.)
• ��EwvpRT
O �
F
U y� 2
C /FOM1H\
r
n
u
TO:
FROM:
AdHoc Tree Committee
PB &R Commission
General Services Director
Agenda Item No. J b
April 10, 2003
SUBJECT: Review of Primary City Tree Policy (G -1) and Tree Ordinance (13.08)
Recommendation
None, background information only.
BACKGROUND
G -1 Policy
The City has managed the removal and replacement of City trees primarily with City Policy
G -1 (Retention and Removal of City Trees). A copy is attached.
The G -1 Policy originated in May 1966 and has been amended seven times. The last major
revision was February 22, 2000 after a study of over 18 months that included much public
input. Since that revision, tree removals have diminished markedly, both those approved by
the PB &R Commission and those illegally removed by residents. By the same token, tree
replacements have soared resulting in a growing urban forest that numbers over 33,000. A
tree inventory was recently completed, which will probably result in the addition of another
1,500 trees to the inventory.
The G -1 Policy is possibly one of the more misunderstood Council policies because it must
be read and interpreted carefully section by section, was meant to address and apply to all
types of tree removals and situations, and was the product of a variety of compromises
between competing tree interest groups in the final revisions.
With that said, it has worked reasonably well during the past three years. Since the last
major revision in 2000, which introduced "reforestation" to the solutions available to resolve
• tree requests and problems, only 95 trees were removed while 1,360 trees were planted.
Illegal tree removals have also declined as noted by the attached Tree Removals/Replantings
Summary.
As mentioned earlier, the G -1 Policy is not as easy to understand as it could be with minor
modifications. Staff has compiled a list of minor improvements to the Policy as issues or
problems have arisen with the tree removal process. We are prepared to share those findings
at a future meeting of the Tree Committee.
Municipal Code 13.08 (Planting)
This Ordinance applies to the planting, maintenance, and removal of trees, shrubs, and plants
in all public areas. It provides for the removal and relocation of plants (including trees) "as
determined by the City Council to be necessary or convenient for public travel or in the
interest of public health, safety, or general welfare."
Anyone illegally removing a City tree is cited by the provisions of this ordinance.
The Ordinance is also required as a condition of being named Tree City USA.
Staff has no recommended changes to Ordinance 13.08 at this time. A copy of the
Ordinance is attached.
Very respectfully,
David E. Niederhaus
Attachments: (A) City Policy G -1 (Retention and Removal of City Trees)
(B) Tree Removals/Replantings Summary
(C) City Ordinance 13.08 (Planting)
•
•
G -1
RETENTION OR REMOVAL OF CITY TREES
The purpose of this policy is to establish definitive standards for the retention, removal,
maintenance, reforestation, and supplemental trimming of City trees. City trees are an
important part of the character and charm of the entire City. Regular care, trimming,
maintenance and programmed replacement are necessary to preserve this charm while
at the same time protecting public and private property.
SPECIAL CITY TREES
It is the City's policy to retain City trees categorized as landmark, dedicated, or
neighborhood trees, which contribute to and give character to an entire neighborhood.
Landmark, dedicated, and neighborhood trees are identified on Attachment 1, and shall
hereinafter be referred to as Special Trees. Trees within these categories shall be
established, mapped, recorded and administered by the Parks, Beaches & Recreation
Commission ( "Commission').
Special Trees shall be retained, unless there are overriding problems, such as death,
disease, or the creation of a hazardous situation, which require their removal. Prior to
consideration for removal of Special Trees, the General Services Director, or designee,
shall prepare a report identifying and implementing specific treatment to retain the
tree(s). If specific treatment is unsuccessful in retaining a tree(s) then a full report shall
be made to the Commission before any further action considering removal is taken.
Prior to any removal of Special Trees, the City must comply with the noticing
provisions of the Removal of City Trees section set forth in this Policy, unless a tree is
considered hazardous that necessitates an emergency removal. Any such removal
requires the approval of the City Manager.
During normal sidewalk, curb, and street repair activity requiring root pruning, all
steps shall be taken to retain Special Trees. If tree roots are to be pruned in association
with sidewalk, curb, and gutter improvements, sufficient timing in advance must be
planned to ensure that pruning will not destabilize or kill the tree. If both sides of a
trees roots are to be pruned, one side should be pruned 6 months to a year in advance
of the other side depending upon the species and other related factors. If root pruning
methods are not practical and /or critical to the health of the tree, then alternate or
special hardscape improvements shall be installed by the City in order to retain the tree.
All proposed root pruning shall be assessed by the Urban Forester.
I
• 1
G -1
ALL OTHER CITY TREES
It is the City's policy to retain all other City trees unless removal is necessary for one of
the following reasons:
A. The City tree has had a proven and repeated history (defined as two or more
occurrences within an 18 -month period) of damaging public or private sewers,
water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or
foundations based on City records or other competent and reliable authority
despite specific treatment by the City to alleviate repeated damage. Water or
sewer stoppage that results from tree roots and causes significant documented
private property damage (greater than $500) shall be sufficient criterion for tree
removal. Regular drain or pipe clearing shall not constitute such damage, nor
shall damage attributed to a failure by the property owner to perform such
preventive maintenance.
B. The City tree has had a repeated history (defined as two or more occurrences
within an 18 -month period) of significant interference with street or sidewalk
drainage, despite specific treatment by the City to alleviate repeated damage.
C. The City tree is dead, diseased, dying, or hazardous, and presents a significant
liability to the City. Diseased trees are defined as those trees that cannot be
cured by current arboricultural methods, are in an advanced state of decline, and
have no prospect of recovery. Dying trees are those that have no prospect of
recovery. Hazardous trees are defined as those that are defective, have a
potential to fail, and would cause damage to persons and property upon failure.
The Urban Forester will perform a hazard assessment whenever a tree is
identified as hazardous. The assessment will identify: structural defects of the
tree, parts of the tree most likely to fail, targets where imminent personal injury
or property damage may result with tree failure, and procedures or actions
necessary to abate the hazard.
D. The tree(s) have been requested to be removed in conjunction with a City
Council- approved City, commercial, neighborhood, or community association
beautification program.
E. 'The City Manager, upon the advice of the Risk Manager or Traffic Engineer, shall
have the authority to remove trees to resolve claims or safety issues.
2 `.
•
G -1
REMOVAL OF CITY TREES
The initiation to remove any City tree may be made by the General Services
Department, Public Works Department, a legally established community association, or
a private property owner by making application to the General Services Director.
After receipt of the application a tree inspection report shall be prepared by the City's
Urban Forester (Attachment 2) to determine if the tree(s) meets the criteria outlined in
the above All Other City Trees section for consideration for removal. Simultaneously,
the Urban Forester shall provide a notice of the proposed tree removal to the affected
property owner, the owners immediately adjacent to the applicant's property, and the
appropriate community association if applicable, (not applicable to the emergency
removal of hazardous trees with trees under Item C above). The Urban Forester shall
determine whether in his /her judgment additional specific treatment can be initiated to
retain the tree. If a tree(s) is to be removed, the tree(s) will be posted at least 30 days
prior to the removal with a sign notifying the public that they have the right of appeal.
The sign shall also note a staff contact. Once a recommendation is made by the Urban
Forester and the Park and Tree Superintendent to the General Services Director and the
General Services Director or designee concurs, then the applicant, the adjoining owners,
and the community association, if applicable, shall be notified of the decision to remove
or retain the tree within 30 days of the proposed removal. The General Services
Director, or his designee, shall report at a regularly scheduled PB&R Commission
meeting of all trees recommended for removal using the Trees Division Activities
Report, except for those trees categorized in Paragraph C in the preceding section on
All Other City Trees. An applicant, an adjoining property owner, or any interested
party may appeal the decision of the General Services Director to the Commission. The
Commission, in considering any appeal, shall determine whether the removal meets the
criteria outlined in this Policy, as well as any unique factors which may be pertinent to
the removal or retention of tree(s). The decision of the Commission will be considered
final unless called up by at least one Councilmember or the City Manager. The General
Services Department will delay any tree removal(s) for at least 14 calendar days
following the date of the Commission decision in order to allow time for a
Councilmember or the City Manager to call the item.
The City will endeavor to replace all trees removed in accordance with the All Other
City Trees removal criteria. Replacement trees will be a minimum of a 24" boxed size.
• 3
. G -1
{
REFORESTATION OF CITY TREES
The concept of systematically replacing trees which are creating hardscape and /or view
problems and cannot be properly trimmed, pruned or modified to alleviate the
problems they create, or those which have reached their full life and are declining in
health, is referred to as reforestation.
It is recognized and acknowledged that City trees were planted many years ago and in
some cases were planted with specific species that when fully mature cause damage to
curb, gutter, sidewalk or underground utilities. In certain neighborhoods, City street
trees may encroach into blue water views from public and private property depending
on the length of time since the trees were last trimmed, or the age and height of the
trees.
Arborists continue to develop lists of tree species which will grow in restricted parkway
areas without causing significant damage to curb, gutter, sidewalk, utilities or views.
As a City which understands the importance of trees and the beauty they bring to a
• community, the City desires to continually improve the urban forest through
reforestation. In areas where City trees have been removed through City initiation, the
City should expeditiously replace them with the appropriate designated City tree.
Reforestation may also be initiated by residents utilizing the process outlined below.
Individual private property owners, as well as community associations, may apply for
single or multiple tree reforestation in their respective area by submitting a request to
the General Services Director for consideration by the Commission that meets _ the
following requirements:
A. The proposed area must have clearly defined contiguous boundaries that include
the tree(s) proposed for removal and replacement, street address(es), block
number(s), or other geographical information. This section applies to individual
and group requests.
B. Residential communities, neighborhoods or business organizations must submit
a petition signed by a minimum of 60% of the property owners within the area
defined for reforestation A neighborhood is defined for the purposes of this
policy as ten or. more homes in any given area of the City. As an alternative,
. 4
•
G -1
areas represented by a legally established community association empowered
with CC &R's, may submit a resolution of the Board of Directors formally
requesting a reforestation with a statement that all members of the community
association having their residential views affected, have been officially notified
and given an appropriate opportunity to respond before the Board voted on the
request. Individual private property owners living within a legally established
community association area empowered with CC&R's must petition for
reforestation through their respective association.
C. Individual private property owners not residing within a CC &R based
community association area may submit individual requests for single or
multiple tree reforestation. The applicant must submit a petition signed by a
minimum of 60% of the residents within a one block distance in either direction
from the reforestation site as well as the endorsement of the appropriate
homeowners' association, if aplicable.
D. A written agreement must be submitted by the petitioning sponsor (individual
private property owners or group) to pay 100% of the costs of the removal and
replacement of the public trees in advance of any removal activity. The actual
removal and replanting will be coordinated by the General Services Department.
The total costs shall include only the contractor's removal and replacement costs
and be paid in advance of any removal actions.
E. The replacement tree(s) for reforestation shall be the designated street tree(s) as
prescribed by City Council Policy G -6, or the organization must request and
obtain approval from the Commission of the designation of a different tree
species prior to submitting any reforestation request. This section applies to
individual or group requests.
F. There shall be a minimum of a one - for -one replacement of all trees removed in
reforestation projects. Replacement trees shall be a minimum size of 36" boxed
trees, unless the parkway space will only accommodate a 24" boxed tree. If there
is not room for the replacement tree within a specific site as prescribed by City
Council Policy G-6, then the replacement tree shall be planted in the same
neighborhood. This section applies to individual or group requests.
The decision of the Commission on reforestation requests will be considered final unless
called up by at least one Councilmember or the City Manager.
• 5
G -1
The City shall require the proper care and watering of replacement trees to ensure their
proper growth and development as outlined in City Council Policy G -6. Furthermore,
no person shall tamper with replacement trees in violation of Section 13.08.040 of the
Municipal Code.
All encroachment permits (permits for private property development which has
encroached upon the City right of way) that involve the removal or replacement of City
trees must be specifically noticed by the property owner to City staff prior to the
building and /or demo permit process whenever possible. The proposed construction
plans must indicate preservation of existing City trees wherever possible (exempt: dead,
dying, or in an advanced state of decline). If the proposed development, as deemed by
the General Services Director, requires removal of City trees, the property owner may
submit a reforestation request and shall pay all related removal and replacement costs
as indicated in the previous paragraphs.
TREE TRIMMING STANDARDS /SUPPLEMENTAL TRIMMING
The City Council has adopted tree trimming cycles for trees of different ages and
species. The current tree trimming cycles and trimming standards represent the
maximum feasible frequency and extent of trimming given current fiscal conditions.
Except as provided in this Section, trimming shall be in accordance with the standards
of the International Society of Arboriculture (ISA).
The City will consider, and as a general rule approve, requests to trim certain trees
more frequently or to trim trees consistent with practices applied prior to the adoption
of ISA standards (to enhance public and private views, preserve required
sight /distance standards, or other public purposes) which are submitted by affected
residents or the board of a legally established community association and the request is
accompanied by a completed "Supplemental Tree Trimming Form' and full payment.
However, since these practices often require 'topping' or severe disfiguring of a tree and
are often aesthetically displeasing and injurious to a tree, reforestation shall be
considered once this practice has occurred more than twice within a one year period.
The General Services Director shall establish procedures to implement the supplemental
trimming provisions of this Policy. An approval must be obtained from a legally
established association by the requestor in areas with an active homeowners
association.
. 6 l
•
[Attachment 1- Preservation of Special Trees]
[Attachment 2- Tree Inspection Report]
Adopted - May 9,1966
Amended - August 14,1967
Amended - November 9,1976
Amended - November 12,1985
Amended -November 28,1988
Amended - March 14,1994
Formerly I -9
•
•
Amended - April 11, 1994
Amended - February 26,1996
Amended - July 14,1997
Amended (Administratively) -
November 24,1997
Amended - August 10, 1998
Amended - February 22, 2000
G1
7
•
PRESERVATION OF SPECIAL TREES
G -1
LANDMARK
TREES
Balboa Library
Eucalyptus globulus
Balboa Library
Phoenix canariensis
West Jetty (near Historical Marker)
Phoenix canariensis
Dover Drive at Westcliff
Liquidambar styraciflua
400 block Poinsettia
Eucalyptus corynocalyx
Ocean Blvd. Corona del Mar
Phoneix canariensis
Westcliff & Dover (Groves)
Eucalyptus globulus
Main Street (between East Bay
Ficus nitida
Ave. and Balboa Blvd.)
DEDICATED
TREES
No. Mariners Park (Marcie Schrouder)
Pinus radiata
Mariners Park (Frank Tallman)
Pinus radiata
No. City Hall grounds (Billy Covert)
Ficus benjamina
City Hall grounds (Walter Knott)
Pinus halepensis
City Hall grounds
(Calif. Bicentennial)
Pinus halepensis
.
Las Arenas Park (Ed Healy)
Melaleuca linarifolia
Mariners Park (Isy Pease)
Pinus halepensis
City Hall grounds
(U.S. Bicentennial Freedom Tree)
Harpephyllum caffrum
Buffalo Hills Park (Bahia
Community Earth Day Celebration)
Erythrina caffra
Peninsula Park
(Gray Lunde Memorial Tree)
Chamaerops humilis
Cliff Drive Park
Quercus agrifolia
(Gary Lovell)
-
Begonia Park
Prunus cerasifera
(Cheryl Bailey Ringwald)
Castaways Park
Quercus agrifolia
Gan Vandersloot)
Gean Watt)
Peninsula Park
Ravenea rivularis
(Don Perdue)
Grant Howald Park
Metrosideros excelsus
1(Pete Munro)
2 (Mark Munro)
•
'• Attachment 1
G -1
DEDICATED
Bob Henry Park
Ficus Rubiginosa
TREES (contd.)
(Bob Henry)
Cliff Drive Park
Quercus agrifolia
(Dr. Jan Vandersloot)
Veterans Park
Lagenstroemia
(Rosemary Rae Hill Hansen)
indica faueri
Mariners Park
Stenocarpus
(N. Beach Sunrise Rotary Club)
sinuatus
(Christopher & Marisha Thompson)
Pinus eldarica
(Meghan & Camielle Thompson)
Pinus eldarica
West Newport Park
Spathodea campanulata
(Brownie Girl Scout Troop 2072)
Buffalo Hills Park
Stenocarpus sinuatus
(N. Beach Sunrise Rotary Club)
Castaways Park
Quercus agrifolia
(Nancy & Jack Skinner)
(Bob & Susan Caustin)
Bayside Park
Pyrus calleryana
(Newport - Irvine Rotary Club)
•
Castaways Park
Quercus agrifolia
(Eva Victoria Najera)
Begonia Park
Bauhinia blakeana
(Dr. Leo V. Turgeon)
L Street Park
Cassis leptophylla
(Tim Van Ostenbridge)
Castaways Park
Platanus racemosa
(John D. Woodruff)
Grant Howald Park
Cassis leptophylla
(Jean & Coalson Morris)
Old School Park
Cassis leptophylla
Qean & Coalson Morris)
Mariners Park
Bauhinia variegata
(Sierra Beth)
Cliff Drive Park
Cassis leptophylla
(Frances P. Hemenway)
Grant Howard Park
Hymenosporum flavum
(Skipper Mark Howes)
•
2
Attachment 1
•
G-1
NEIGHBORHOOD
TREES Parkway in Shorecliffs
Erythrina caffra
Marguerite Avenue
Phoenix canariensis
Goldenrod Avenue
Washington robusta
Dover Drive (Mariners to Irvine)
Eucalyptus globulus
15th Street (Newport Heights)
Eucalyptus cladocalyx
Irvine Avenue Median
Eucalyptus globulus
Holiday between Irvine & Tustin
Eucalyptus globulus
Along Avon Avenue
Eucalyptus globulus
Via Lido Bridge
Eucalyptus globulus
Marine Avenue (Balboa Island)
Eucalyptus rudis
Seaview Avenue (Corona del Mar)
Pmus radiata
Poppy Avenue (Corona del Mar)
Eucalyptus rudis
Heliotrope Avenue (Corona del Mar)
Pinus radiata
Candlestick Lane, etc. (Baycrest)
Eucalyptus citriodora
Commodore
Eucalyptus citriodora
Starlight
Eucalyptus citriodora
Glenwood
Eucalyptus citriodora
• Candlestick
Eucalyptus citriodora
Sandalwood
Eucalyptus citriodora
Adopted - May 9,1966
Amended - November 9,1976
Amended - November 28,1988
Amended - October, 1993
Amended - JuIy 14,1997
Amended - January 25,1999
Amended - February 22, 2000
Amended - April 23, 2002
• Attachment 1 3
•
G -1
CITY OF NEWPORT BEACH
GENERAL SERVICES DEPARTMENT
TREE INSPECTION REPORT
Name
Address
Phone Number
Request
Botanical Name
Common Name
Designated Street Tree
Estimated Tree Value
Damage
Parkway: Concrete Brick _Turf _Other _
Comments
Inspected by
Recommendation
Date
Reviewed by Date
Attachment 2 1
0
0
•
TREE REMOVALIPLANTING SUMMARY
2002 -2003
Regular Removal
Reforestation Approved
Emergency Removals
Total
Claim Related Removals
25
2
2
29
1
487
13
43
2001 -2002
Regular Removals
Reforestation Approved
Totall
10
2
12
1 1
1 540
FY 2000 -2001
Regular Removals
41
59
Reforestation Approved
2
43
4
333
FY 1996 -1997
Total
FY 1999 -2000
Regular Removals
21
FY 1995 -1996
Removals
241
Reforestation Removals (CdM)
89
FY 1994 -1995
Removals
212
Emergency /Storm
4
FY 1993 -1994
Removals
172
Emergency /City Manager
7
FY 1992 -1993
Removals
24
Emergency
2
123
2
519
Total
FY 1998 -1999
Regular Removals
26
Total
26
2
310
FY 1997 -1998
Regular Removals
Emergency
Total
58
1
59
3
247
FY 1996 -1997
Removals
284
2
185
FY 1995 -1996
Removals
241
1
244
FY 1994 -1995
Removals
212
3
650
FY 1993 -1994
Removals
172
224
FY 1992 -1993
Removals
24
24
�`. under the terms of Section 13.07.010, until such
time as the curb cut or driveway approach which is
no longer needed is replaced as required by Section
13.07.020. (Ord. 1321 § 1 (part), 1969)
13.07.130 Refunds.
The City Council may order refunded all or part
of an assessment paid pursuant to this chapter if it
finds that all or part of the assessment had been
erroneously levied. An assessment or any part there-
of shall not be refunded unless a claim is filed with
the City Clerk on or before December 1st after the
assessment became due and payable. The claim shall
be verified by the person who paid the assessment,
or his guardian, executor, or administrator. (Ord.
1321 § 1 (part), 1969)
437
Chapter 13.08
PLANTING*
Sections:
13.07.120
13.08.010
Jurisdiction and Authority.
13.08.020
Official Tree List.
13.08.030
Removal or Relocation of
Plants by City.
13.08.040
Tampering with Planting
Prohibited.
13.08.050
Prohibited Activities.
13.08.060
Owners of Premises Required
to Trim Branches.
` Street trees fu subdivisions — See Chapter 19.24.
13.08.010 Jurisdiction and Authority.
Subject to the administrative control established
by the City Charter, and any applicable City Council
Policy, the provisions of this chapter, the General
Services Department shall exercise jurisdiction and
control over the planting, maintenance, and removal
of trees, shrubs, and plants in all public areas under
the control of the City, and shall have the authority
and duties prescribed in this chapter. (Ord. 93-26 §
3 (part), 1993: Ord. 1634 § i (part), 1975: Ord.
1015 (part), 1962: 1949 Code § 7300)
13.08.020 Official Tree List.
The City Council shall adopt an official tree list
which shall set out the names of the streets in the
City and the species of tree or trees that may be
planted on each such street or portion thereof. The
list shall be adopted by resolution and three copies
thereof shall be kept on file in the office of the City
Clerk for inspection by the public, and copies shall
be available in the General Services Department for
information. (Ord. 93 -26 § 3 (part), 1993: Ord. 1634
§ 1 (part), 1975: Ord. 1015 (part), 1962: 1949 Code
§ 7302)
13.08.030
13.08.030 Removal or Relocation of Plants
• by City.
The City may relocate or remove any tree, shrub,
plant, structure or surfacing material in any public
street right -of -way as determined by the City Coun-
cil to be necessary or convenient for public travel
or in the interest of public health, safety or general
welfare. (Ord. 1634 § 1 (part), 1975: Ord. 1015
(part), 1962: 1949 Code § 7303)
13.08.040 Tampering with Planting
Prohibited.
No person shall trim, cut down, damage, remove,
or destroy any tree growing upon any public park,
beach or playground, or the grounds of any public
building, or a public street right -of -way, without
written permission of the City Manager. No person
shall damage, disfigure, or destroy any seat, trellis,
or other facility located thereon.
No person shall cut, damage, remove or destroy
any shrub, plant or flower growing in any public
park, beach or playground, or the grounds of any
•public building, or on any street right -of -way except
in the parkway adjoining the property of which such
person is the occupant or owner. (Ord. 1634 § 1
(part) 1975: Ord. 1015 (part), 1962: 1949 Code §
7304)
13.08.050 Prohibited Activities.
A. Placing Rope, Wire, Posters, Etc. No person
shall place or affix any rope, wire, sign, poster, or
other object on any tree, or plant, or upon any guard
device protecting same, located upon the public
street right -of -way or upon other public property.
B. Depositing Detrimental Substance. No person
shall deposit or throw upon any public street right -
of -way or other public property any substance detri-
mental to the growth of any tree, shrub, or plant.
C. Removing Guard or Protective Device. No
person shall remove or damage any guard or device
placed to protect any tree, shrub, or plant growing
in any public street right -of -way or upon other pub-
lic property.
D. Attaching Electrical Apparatus. No person
shall attach any electric wires or any device for
438
holding electric wires to any tree, plant or shrub
growing in any public street right -of -way or other
public property under the control of the City without
approval of the City Council. No person shall, with-
out written permission from the Director of General
Services, trim, cut or break any part of such tree,
shrub, or plant in order to make passage for electric
wires. (Ord. 93 -26 § 3 (part), 1993: Ord. 1634 § 1
(part), 1975: Ord. 1015 (part), 1962: 1949 Code §
7305)
13.08.060 Owners of Premises Required to
Trim Branches.
The occupant in charge or, if there is no such
occupant, the owner of every lot or parcel of land
shall trim the branches of any tree, shrub, or plant
on his property, and shall trim all shrubs and plants
in the parkway adjacent to his property, so that
same shall not encroach upon the sidewalk or street
in such manner as to impede or interfere with traffic
thereon or obstruct the passage of light from any
streetlight to the street or sidewalk. The City shall
trim and prune all trees located in the public street
right -of -way. (Ord. 1634 § 1(part), 1975: Ord. 1015
(part), 1962: 1949 Code § 7306)
i