Banning Municipal Code Ch. 12.48 Trees and Shrubs

It shall be the duty of the park and recreation commission to adopt "Specifications for Planting, Pruning, Removal and General Tree Care", applicable to all trees, shrubs and bushes planted in all streets, lanes, alleys and parkways in the city now open or dedicated, or which may hereafter be opened or dedicated to public use, Such specifications when adopted by the park and recreation commission shall be submitted to the city council for its approval. When so approved, the same or a copy thereof shall be filed with the city clerk and shall be subject to inspection by the general public.

(Code 1965, § 25-1.)

A. Upon the verified petition of seventy-five percent of the property owners affected thereby, or upon their own motion, the park and recreation commission may amend or repeal the specifications adopted pursuant to the preceding section designating the trees shrubs and bushes to be planted upon or removed from all streets lanes alleys and parkways in the city.

B. Before the amendment or repeal of such specifications, the city clerk shall publish for one day, at least five days prior thereto, a notice of the time and place of such hearing and the purpose thereof.

C. At the time of such hearing by the park and recreation commission any person interested may appear in person or by petition, and thereupon the park and recreation commission shall proceed to approve, confirm, modify or reject the proposed amendment or repeal of such specifications. Any such proposed amendment or repeal shall only become effective after approval by the city council.

(Code 1965, § 25-2.)

No person shall plant or remove trees, shrubs or bushes upon the streets, lanes, alleys or parkways to which the specifications adopted pursuant to this chapter are applicable, except in conformity with this chapter and such specifications.

(Code 1965, § 25-3.)

In the event that a petition for the planting of certain trees, duly verified and bearing the signatures of not less than seventy-five per cent of the property owners owning property fronting upon any city street of one block long, or any particular street as referred to in such petition. Such petition so presented may be granted by the park commission if such tree variety requested for replacement or new planting is known and established as a street tree and is not of a variety that may or will tend to break sidewalks or curbs or such trees are objectionable as street trees for other reasons. If such trees are not diseased or dangerous from old age, cost of removal shall be at the property owners' expense.

(Code 1965, § 25-4.)

No person shall cut down, take up, remove or mutilate any trees planted or grown on any of the public streets, lanes, alleys or parkways of the city, except after procuring a permit from the office of the superintendent of public works to do so.

(Code 1965, § 25-5.)

Any person desiring to procure a permit required by Section 12.48.050 shall make written application therefore to the superintendent of public works. Such application shall state the number, kind and location of trees to be cut down, taken up or removed and such other information as the superintendent of streets shall find reasonably necessary to a fair determination of whether a permit should be issued.

(Code 1965, § 25-6.)

A permit required by Section 12.48.050 shall be issued when it is found that the desired action or treatment is necessary and the proposed method and workmanship are satisfactory.

(Code 1965, § 25-7.)

The superintendent of public works is hereby authorized to remove or permit the removal of the following trees:

A. Diseased.

B. Constituting a fire hazard.

C. Roots that damage sidewalks, curbs and gutters.

D. Not in conformity with adopted specifications.

E. In order to permit street widening.

F. That interfere or damage sewers or water lines.

G. In proposed driveways or entrances to private property.

(Code 1965, § 25-8.)