Section
97.01 Purpose
97.02 Definitions
97.03 Administration
97.04 Trees in the public right-of-way and public property
97.05 Protection of trees; permit required for tree removal in public rights-of-way
97.06 Tree protection during construction or development
97.07 Tree removal on a vacant lot or parcel
97.08 Limited lighting of trees on public rights-of-way
97.09 Tree replacement program
97.99 Penalty
This chapter is intended to regulate the removal of trees from public street rights-of-way in the city, and to preserve, protect and enhance valuable resources entrusted to its citizens. To protect the health, safety and welfare of its citizens, to establish standards limiting the removal of, and insuring the replacement of trees sufficient to safeguard the ecological and esthetic environment necessary for the city. To provide protective regulations against hazardous trees and diseased trees or shrubs; to control activities relative to trees and plantings within the public street rights-of-way of the city; to establish regulations and procedures for the removal of trees located on public street rights-of-way.
(Ord. 060123-1, passed - -; Am. Ord. 081222-1, passed 12-22-2008; Am. Ord. 220613-A, passed 6-13-2022)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING ENVELOPE. The ground area of a lot or parcel of land enclosed or to be enclosed by the exterior walls or perimeter (foot print) of principal and accessory buildings, and any associated improvements including, but not limited to; pools, decks, patios, walks, tennis courts, driveways and utility services.
DESTROY. To remove (cut down) a protected tree or to perpetrate any intentional act of negligence which will cause a protected tree to decline or die within a period of two years. This shall include but not be limited to: damage inflicted upon the root system of a protected tree by the application of toxic substances, damage by the operation of equipment and vehicles, damage caused by excavation or fill within the drip line of a protected tree, or damage caused by alteration of natural physical conditions.
DIAMETER BREAST HEIGHT (DBH). A tree’s diameter in inches measured four and one-half feet above the ground.
DRIP LINE. An imaginary vertical line extending downward from the outermost tips of a tree’s branches to the ground.
PROTECTED TREE. A tree that is six inches DBH or greater in size.
TREE. Any self supporting woody plant growing upon the earth which usually provides one main trunk and produces a distinct head with many branches.
TREE PROTECTION ZONE (TPZ). The area between the line extending ten feet beyond the building envelope and the property line.
(Ord. 060123-1, passed - -; Am. Ord. 220613-A, passed 6-13-2022)
(A) Department of Public Works Superintendent. The Department of Public Works Superintendent shall be responsible for overseeing the planting, protection, preservation, and removal of trees within the public rights-of-way.
(B) Parks and Public Works Committee. The Parks and Public Works Committee shall be responsible for considering appeals from denials of tree removal permit applications and reviewing policies regarding public trees and suggesting changes to City Council or to Planning Commission.
(C) Coordination and Assistance. The Department of Public Works Superintendent and Parks and Public Works Committee may be assisted in their official responsibilities by staff members of the city, including the City Manager, and a licensed arborist appointed by the City Council, or other appropriate city staff members.
(Am. Ord. 220613-A, passed 6-13-2022)
(A) Treatment of protected trees. No tree upon any public right-of-way or public property shall be destroyed, pruned, girdled, broken, bent, wounded or have notices or signs tacked upon without the consent of the Department of Public Works Superintendent.
(B) Planting of trees.
(1) No person shall climb or walk upon the branches of a protected tree in any public right-of-way or public property while wearing spurs or other climbing attire unless such person is in the permitted act of removing or maintaining a tree.
(2) No trees or shrubs shall be planted upon any public right-of-way or public property without the consent of the Department of Public Works Superintendent. No trees shall be planted at public expense upon private property unless a public easement has been granted in a form acceptable to the city.
(Ord. 060123-1, passed - -; Am. Ord. 220613-A, passed 6-13-2022)
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