Bell Municipal Code Ch. 12.24 Street Trees

For the purpose of this chapter certain terms and words are defined as follows:

"Beautification projects"

means any area improved, landscaped or maintained by the recreation and parks department.

"Director"

means the director of recreation and parks of the city.

"List"

means the approved parkway trees and planting materials list of the city as approved by the city council.

"Maintain" or "maintenance"

means and includes, but is not limited to, chipping, spraying, fertilizing, staking and tying, treating for disease or injury, and any other similar acts, which promote the life, growth, health or beauty of trees.

"Parkway"

means those strips of land between lot lines and portions of abutting public streets utilized for vehicular traffic, which are owned by the city in fee, or, as to which the city has an easement for public street purposes.

"Parkway tree"

means and includes any tree planted for the purpose of providing shade or beauty to the street area.

"Plan"

means the comprehensive plan for the planting and maintenance of trees in public areas and streets in the city as approved by the council.

"Public area"

means parks, playgrounds and areas around public buildings or other areas maintained by the city.

"Street"

means any public street, avenue, boulevard, lane, walk, road, parkway, right-of-way or other public way, except alleys.

"Tree"

means any tree planted or maintained by the city located in a parkway or in a public area.

(Prior code § 3500)

The director shall prepare, for approval of the council, the list containing the types of varieties of trees for planting in all parkways and in all public areas within the city.

(Prior code § 3501)

The director shall prepare for approval by the council the plan for the planting and maintenance of trees in streets and public areas in the city, which shall include in general, maps of streets and public areas in the city, upon which there shall be designated a general plan for the uniform planting of trees, and specifications for the size and type of such trees permissible within parkways within the city.

(Prior code § 3502)

No person shall place fences, rocks, gravel, signs, stakes, or any other objects immediately adjacent to a tree, except watering basins for young trees, and objects for the temporary protection of new plantings of ground cover.

(Prior code § 3503)

A. Maintenance by Owner. Except as provided in Section 3505, it shall be the sole responsibility of the owner or person in possession of each lot in the city to properly maintain in parkways abutting such lots all plants, trees and other vegetation located therein.

B. Maintenance by City. The city shall be responsible for maintenance of all trees within public areas and for the trimming, only, of trees located in parkways.

(Prior code §§ 3504, 3505)

A. Request for Removal. Whenever the owner or person in possession of a lot desires to have a tree removed from an abutting parkway, he or she shall file a written request therefor for approval by the city council. If the tree is found to be in good condition and the request is granted solely for the convenience of the applicant, then the full cost of such removal and replanting as necessary, shall be borne by the person making such request and the estimated amount, as determined by the director, shall be paid to the recreation and parks department before removal shall take place.

B. Removal of Trees by City. Notwithstanding any other provision of this chapter, the chief administrative officer shall order the removal of any tree where such is necessary to eliminate a hazard to person or property. No other tree shall be removed except with the consent of the city council.

(Prior code §§ 3506, 3508)

No person shall remove, trim, prune or cut any tree located in a public area or a parkway except as provided in this chapter. No person shall injure or destroy any such tree by any means, including but not limited to, the following:

A. By constructing a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any such tree so as to shut off its air, light or water from its roots;

B. By piling building material and equipment or other substance and materials around any such tree or shrub so as to cause injury thereto;

C. By pouring any deleterious matter on or around any tree or shrub or on the surrounding ground, lawn or sidewalk;

D. By posting any sign, poster or notice on any such tree, tree stake or guard or by fastening guide wires, cables, ropes, nails, screws or other devices to any tree, tree stake or guard;

E. By causing or encouraging any fire near or around any such tree.

(Prior code § 3507)