Sec. 9-4.4304. Permit required: Exemptions.
   (a)   Permit required. No person shall cut, remove, encroach into the protected zone, or relocate any landmark tree on any public or private property within the City unless a valid landmark tree permit has been issued by the City pursuant to the provisions of this chapter. The status of major limbs or trees as deadwood must be confirmed by the City’s Landmark Tree Preservation Consultant.
   (b)   Exemptions. A permit is not required to cut, encroach, remove, or relocate a tree(s) under the following circumstances:
   (1)   Trees damaged by thunderstorms, windstorms, floods, earthquakes, fires, or other natural disasters and determined to be dangerous by a peace officer, fireman, civil defense official, or code enforcement officer in their official capacity. The Community Development Department shall be promptly noticed of the nature of the emergency and action taken;
   (2)   When removal is determined necessary by fire department personnel actively engaged in fighting a fire;
   (3)   Trees planted, grown and/or held in for sale as part of a licensed nursery business. This exemption is limited to trees with main trunks under ten (10) inches in diameter;
   (4)   Trees within the property boundaries of an occupied single-family detached dwelling; provided, that the parcel in question is smaller than two (2) acres;
   (5)   City of Thousand Oaks staff in maintaining public property.
   (c)   Use of explosives. All tree fellers, tree surgeons, or anyone using explosives within the City limits in connection with the cutting down or removal of any landmark tree shall first apply to the
City Manager or his or her designee for a permit to do so and shall furnish such bond or insurance as the City Manager or his or her designee shall deem necessary for the protection of the property owner or any other person from any possible damage as a result of such work.
(§ 2, Ord. 1217-NS, eff. October 28, 1994, as amended by Part 4, Ord. 1610-NS, eff. January 15, 2016)