Fontana Municipal Code Art. II Trees and Shrubs on Public Land

Footnotes:

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Cross reference— Streets and sidewalks, ch. 25; required street trees, § 25-92.

State Law reference— Authority of city to cause shade trees to be planted and cultivated in streets, Government Code § 40401.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certified arborist means a person who has demonstrated extensive knowledge regarding trees and their culture and holds a current arborist certificate issued by the International Society of Arboricultural.

ISA means the International Society of Arborculture ("ISA") which is a professional association of arborists and tree workers that is recognized internally as one of the leading agencies in the research and establishment of high standards for all aspects of tree care.

Owner means the legal owner of any real property fronting on any street, or any lessee of such owner.

Person means an individual, a firm, an association, a corporation or a copartnership, and the lessees, receivers, agents and employees of any such person, but shall not mean the city or its duly authorized agents or employees.

Public street or street means any road, street, avenue, alley, parkway or public right-of-way, or any portion thereof, dedicated for public use within the city.

Tree means any woody perennial plant, usually having a single main axis or trunk and exceeding ten feet in height at maturity, including specimens of such plants having twin or multiple trunks, and shall also include any species of tree, shrub or plant described in the master plan of parkway trees or in the master tree list.

(Code 1968, § 30-1; Ord. No. 1320, § 1, 5-16-00)

Cross reference— Definitions and rules of construction generally, § 1-2.

This article is adopted in the best interests of the city and its citizens as a comprehensive plan for the development of parkways and for the purpose of establishing rules and regulations relating to the selection, planting, care and maintenance of trees within parkways.

(Code 1968, § 30-2)

The park and recreation director shall maintain a master plan of parkway trees and the master tree list. The master tree list was adopted by the city council on May 15, 1956, by Resolution No. 571. For the purpose of this article, the master plan of parkway trees and master tree list shall be that plan and list which may be adopted by resolution of the city council, together with any revision or change to such master plan or list adopted by resolution of the city council.

(Code 1968, § 30-3)

It shall be the responsibility of the owner to water any tree located in a parkway abutting his property as necessary to promote healthy growth and protect the improvements within the parkway and to do such trimming as can be done from the ground to preserve the neat appearance and unobstructed use of the parkway. The city shall be responsible for all major pruning or other tree surgery and the control and treatment of insect pests and diseases.

(Code 1968, § 30-4)

Any person doing business as a public utility subject to the jurisdiction of the public utilities commission of the state, and any constituted public agency authorized to provide and providing utility service, may be given a permit, valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such other acts with respect to trees growing within the public streets of the city or which grow upon private property, to the extent that they encroach upon such public streets, as may be necessary to comply with the safety regulations of the public utilities commission and as may be necessary to maintain the safe operation of the business of the public utility or other agency.

(Code 1968, § 30-5)

It shall be unlawful for any person to break, mutilate, injure, deface, kill or destroy any tree or cause, authorize or permit any oil or other substance deleterious to plant life to lie, leak, pour or drip upon or into the soil about the base of any tree in any public street.

(Code 1968, § 30-6)

(a) The city may inspect any tree adjacent to or overhanging any public street in the city to determine whether the tree or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such public street. Any tree or part thereof growing upon private property but overhanging or interfering with the use of any street that, in the opinion of the city, endangers the life, health, safety or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within ten days after receipt of written notice from the city so to do, the city shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner. Any tree growing on private property but overhanging any public street shall be kept trimmed so that the lowest overhanging branches of such tree are not less than nine feet above the level of the street.

(b) Nothing contained in this section shall impose any liability upon the city or relieve the owner of any private property from the duty to keep any tree upon his property or under his control in such a condition as to prevent it from constituting a public nuisance as defined in this section.

(Code 1968, § 30-7)

Cross reference— Nuisances, ch. 18; streets and sidewalks, ch. 25.

Any person aggrieved by any act or determination of the city in the exercise of the authority granted in this article shall have the right to appeal to the city manager. The city manager's determination shall be the final administrative decision of the city.

(Code 1968, § 30-8; Ord. No. 1757, § 19, 2-14-17)

To ensure the protection of its urban forest, the city will adopt, from time to time by resolution, a "Tree Policy Manual" ("manual") which will be used by the city. This manual shall be defined and illustrate the city-adopted policies and procedures that shall be used for the care and maintenance of all trees located in the city's rights-of-way. The manual shall be kept on file with the city clerk and the public services department and shall be made available to the public upon request.

(Ord. No. 1320, § 2, 5-16-00)

It shall be the objective of the city to plant all viable, vacant city-owned sites and ensure the proper maintenance of all trees planted in the city's rights-of-way. Detailed specifications for planting and maintenance of city trees are included in the city tree policy manual and shall be adhered to.

(Ord. No. 1319, § 3, 4-18-00)

The city is currently divided into 36 districts for purposes of scheduling tree trimming for city-owned trees and trees in the public right-of-way. The city's objective is to service each district with a five-year trim cycle. Scheduling shall be at the discretion of the public services department. Pruning specifications are included in the tree policy manual.

(Ord. No. 1320, § 4, 5-16-00)

No person shall plant, remove, prune, apply pesticides or otherwise disturb any tree in the public right-of-way or on city-owned property without first obtaining a permit from the public services department. Applications for permits must be made to the public services department on forms provided by the department, and shall include such information as the department deems necessary to review for the application.

Any business wishing to acquire a permit for tree work must provide an official copy of a City of Fontana Business License at the time of application.

The public services department shall issue the permit if the proposed work is desirable and the proposed method of workmanship are performed to the standards defined in the Tree Policy Manual.

(Ord. No. 1320, § 5, 5-16-00)

The city manager or his designee shall have the power to promulgate and enforce rules, regulations and specifications concerning the removal, planting, spraying, pruning and general maintenance of trees in the public rights-of-way.

(Ord. No. 1320, § 6, 5-16-00)

Any person who violates any provision of this article, or who fails to comply with any notice issued pursuant to this article who is found guilty of violation, shall be subject to a fine not to exceed $300.00 for each separate offense. In addition, if, as a result of the violation of any provision of this article, the injury, mutilation or death of a tree on city-owned property or public right-of-way is caused, the cost of repair or replacement, or the appraised dollar value of the tree shall be the responsibility of the party in violation. The value of the tree shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens", as published by the ISA.

(Ord. No. 1320, § 7, 5-16-00)