Title 12 Public Ways and Property

Chapter 12.02 Obstruction, Encroachment of Public Ways

Article V: Urban Forestry Program

1. All street and public trees near any excavation, demolition, or construction of any building, structure, street, or utility work must be sufficiently guarded and protected by those responsible for such work as to minimize potential injury to said trees and to maximize their chance for survival. When street and public trees are near the project, any construction permits issued by the City must be approved by the director, who may require protective measures as specified in the Arboricultural Manual.
    

2. No person may destroy, injure, or deface any street tree or public tree on public property by any means, including, but not limited to, the following methods:

   1. Impede the free passage of water, air, or fertilizer to the roots of any tree, shrub, or other plant by depositing vehicles, concrete, asphalt, plastic sheeting, or other material detrimental to trees or shrubs on the tree lawn or on the ground near any tree.

   2. Pour any toxic material on any tree or on the ground near any tree.

   3. Cause or encourage any fire or burning near or around any tree.

   4. Severely reduce the tree crown except when pruning of trees under utility wires or obstructing the right-of-way as allowed by a permit issued by the director. Removal or replacement is preferred to severe crown reduction.

   5. Carve or attach any sign, poster, notice, or other object on any tree or fasten any rope, wire, cable, nails, screws, staples, or other device to any tree except as used to support a young or broken tree; however, nothing in this section shall be construed in such a manner that it forbids lighting of a decorative or seasonal nature, provided that such lighting is not attached in such a way as to cause permanent damage to the tree.

   6. Plant trees reaching an expected mature height of twenty-five feet or more under utility lines.
       
3. No person may prevent, delay, or interfere with the director, or the director’s designee, or any City employee in the execution or enforcement of the provisions of this article or otherwise violate this Article V.
    
4. Any person responsible for a violation of this section must pay the cost of repairing or replacing any tree or shrub damaged by the violation. The value of trees and shrubs is to be determined in accordance with the latest revision of the Guide for Plant Appraisals as published by the International Society of Arboriculture.
    
5. In addition to remedies under subsection (D) of this section, violation of this section is a class 1 civil infraction. The director has the discretion to issue a warning for a first-time violation.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1