Berkeley Municipal Code Ch. 12.44 Trees and Shrubs

*See Chapter 1.24 for abatement of nuisances by City.

For hazardous litter, see Ch. 12.40 of this code.

For trees and public streets and sidewalks, see Title 16 of this code.

It is unlawful for any person to plant any tree, shrub or plant in or upon any street, parking strip, public square, park or playground, without first having obtained permission therefor from the Director of Recreation and Parks of the City, who shall designate the kind, variety and size of the tree, shrub or plant to be planted. (Ord. 3380-NS § 1, 1954)

It is unlawful for any person to cut, trim, remove, mutilate, injure or in any way impair the growth of any tree, shrub or plant being or growing in or on any street, parking strip, public square, park or playground in the City, or to cause or permit the same to be done. Provided, however, that in the event that any person desires permission to cut, trim, remove or in any way impair the natural growth of any such tree, shrub or plant, application shall first be made to the Director of Recreation and Parks for a permit therefor. Upon receipt of such application, the Director of Recreation and Parks may cause an inspection to be made and may thereafter issue or refuse to issue a permit for such work. Provided, further, that whenever it is deemed necessary by the Director of Recreation and Parks, they may require the work specified in said application, or any part thereof, to be done under their supervision, and the cost of such supervision shall be borne by the applicant if so determined by the Director of Recreation and Parks. (Ord. 3380-NS § 2, 1954)

It is unlawful for any person to place or allow to be placed in or upon any parking strip, parking area or public plat any salt, oil, herbicide, or any other material deleterious to the growth of plants, or in such close proximity to such public squares, parking areas, or public plats, that such deleterious material will permeate the soil thereof. (Ord. 3380-NS § 3, 1954)

It is unlawful for any person to pave any park or parking strip in any manner or with any material whatsoever without first securing the written permission of the Director of Recreation and Parks. Such permission shall be given in accordance with rules and regulations adopted by said director of recreation and parks. As used in this chapter, "park" or "parking strip" means the area between the property line and roadway, except sidewalk and curb, if any. (Ord. 3380-NS § 4, 1954)

No tree, shrub or plant shall be allowed or permitted on private property, or partially on private property and public property, which interferes with any pole, lines, wires or electroliers in or along any public street or sidewalk; interferes with light emitted from such electroliers; prevents or impairs the free and unencumbered use of such streets or sidewalks for vehicular or pedestrian traffic; or which has become so diseased or weakened so as to be dangerous to persons using such streets or sidewalks.

Any tree, shrub or plant in violation of this section is declared to be a nuisance. (Ord. 4420-NS (part), 1969; Ord. 3380-NS § 5, 1954)

Whenever the Director of Recreation and Parks finds that such a nuisance exists, they shall serve on the occupant of the property a notice stating the existence of the nuisance, requiring the abatement thereof, and specifying the measures necessary for such abatement. Such notice shall be served personally on the occupant or if there be no occupant then by mailing the same, postage prepaid, addressed to the post office address of the owner and by posting a copy of such notice on the property. (Ord. 4420-NS (part), 1969; Ord. 3380-NS § 5.1, 1954)

It shall be the duty of the occupant or owner to abate the nuisance within forty-eight hours after receipt of such notice if served personally or within seventy-two hours after mailing if such notice is mailed, or within such additional time as may be specified in the notice. (Ord. 4420-NS (part), 1969; Ord. 3380-NS § 5.2, 1954)

In case the owner or occupant neglects or refuses to abate the nuisance pursuant to such notice, the director of recreation and parks shall abate the same in such manner as they deems proper, and the cost thereof shall be levied and collected as a special assessment against the property as hereinafter provided. (Ord. 4420-NS (part), 1969; Ord. 3380-NS § 5.3, 1954)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 7206-NS § 1, 2011; Ord. 5591-NS § 1 (part), 1984; Ord. 3380-NS § 6, 1954. Formerly 12.44.100)