Indian Wells Municipal Code Ch. 8.16 Trees and Shrubs

To enhance the quality of life and the present and future health, safety, and welfare of all residents, to enhance property values, and to ensure proper planting and care of trees on public property, the City Council herein delegates the authority and responsibility for managing public trees, establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions.

(Ord. 740 § 2, 2022)

For the purposes of this Chapter, the following words and phrases have the meanings respectively ascribed to them as follows:

"City"

means the City of Indian Wells.

"Damage"

means any injury to or destruction of a tree, including, but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.

"Indian Wells municipal code"

means any ordinance adopted by the City of Indian Wells regardless of whether it has been codified.

"Maintain" or "maintenance"

means the care of trees and shrubs, including, but not limited to, the preparation of ground, fertilizing, mulching, spraying, root control, treating for disease or injury, or any other similar acts which promote the life, growth, health, or beauty of such trees or shrubs, except to trim or prune.

"Nuisance"

means any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.

"Parkway"

means the area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.

"Person"

includes corporations, partnerships, and associations existing under or authorized by the laws of the State of California.

"Planting"

includes planting and replacement.

"Planting strip"

means the area capable of being planted between curb or place where curb should be and the property line.

"Public property"

includes parks, parkways, playgrounds, areas around public buildings, squares and places such as traffic divider strips or islands, and all other areas under the supervision and maintenance of the City and which are now, or may hereafter, be dedicated to public use.

"Public tree"

means any tree or woody vegetation on City-owned or City-maintained property or rights-of-way.

"Street"

includes any public street, avenue, boulevard, land, walk, road, parkway, alley right-of-way, or other public way.

"Top" or "topping"

means the non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

"Trim" or "prune"

means the removal of limbs and fruit and branches as necessary to properly train the trees to promote healthy growth, for public safety, for aesthetic purposes, to provide clearance for traffic control, and vehicles. Trees shall be trimmed and pruned annually or biannually, depending upon the type of tree.

(Ord. 740 § 2, 2022)

(a) Delegation of Authority and Responsibility. The Director of Public Works and/or their designee, hereinafter referred to as the "Director", shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of-way, City parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.

(b) Coordination Among City Departments. All City departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Chapter as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties not under direct jurisdiction of the Director.

(c) Interference. No person shall hinder, prevent, delay, or interfere with the Director or his or her agents while engaged in carrying out the execution or enforcement of this Chapter.

(Ord. 740 § 2, 2022)

(a) Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.

(b) Requirements of Franchise Utility Companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards.

(c) Preferred Species List. The Director shall maintain an official list of desirable tree species for planting on public property in two size classes: ornamental (20 feet or less in height at maturity) and shade (greater than 20 feet at maturity). Trees from this approved list may be planted without special permission; other species may be planted with written approval from the Director.

(d) Planting Distances. The Director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within 10 feet of a fire hydrant.

(e) Planting Trees Under Electric Utility Lines. Only trees listed as ornamental trees on the official City tree species list may be planted under or within 15 lateral feet of any overhead utility wire.

(Ord. 740 § 2, 2022)

(a) It shall be unlawful for any person to damage, remove, or cause the damage or removal of a tree on public property without written permission from the Director.

(b) It shall be unlawful for any person to attach any cable, wire, sign, or any other object to any street, park, or public tree.

(c) It shall be unlawful for any person to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the Director.

(d) Any person or City department performing construction near any public tree(s) shall consult with the Director and shall employ appropriate measures to protect the tree(s), according to procedures contained in the Best Management Practices (BMPs) for "Managing Trees During Construction" published by the International Society of Arboriculture.

(e) Each violation of this Section as determined and notified by the Director shall constitute a separate violation, punishable by fines and penalties under Section 8.16.080, in addition to mitigation values placed on the tree(s) removed or damaged in violation of this Chapter.

(Ord. 740 § 2, 2022)

(a) It shall be the responsibility of the property owners, lessee, tenant, or occupant to trim or prune and maintain all trees, shrubs, grass or other plantings now in existence or hereafter planted in the planting strip of the property under such person's control.

(b) The failure of any property owner, tenant, lessee, or occupant to properly trim or prune trees, shrubs, grass or other plantings, or to properly maintain the same, along the planting strips on the property frontage under his or her control in accordance with this Chapter, shall be deemed a hazard to the public safety and a nuisance, and compliance may be obtained in the same manner as a nuisance is provided for under the ordinances of the City.

(c) If an obstruction persists, the Director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the City may undertake the necessary work and charge the cost to the property owner.

(Ord. 740 § 2, 2022)

(a) Any tree, or limb thereof, on private property determined by the Director to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the City may require its treatment or removal.

(b) Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property. The City may remove such trees at the owner's expense if the owner does not comply with treatment and/or removal as specified by the Director within the written notification period.

(c) The Director or his or her authorized agent shall cause a notice to be issued to the property person or persons to abate a hazard whenever the Director or his or her authorized agent has determined that a hazard exists. The enforcing agent shall abate such hazard in accordance with the regulations of Chapter 8.08.

(Ord. 740 § 2, 2022)

Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and shall be subject to a fine not to exceed $1,000 for each offense.

(Ord. 740 § 2, 2022)

Administrative citations for violations, including potential appeals of such administrative citations, of this Chapter shall be made pursuant to the procedures outlined in Chapter 1.20 of the Indian Wells Municipal Code.

(Ord. 740 § 2, 2022)

Nothing contained in this Section imposes any liability upon the City, its officers or employees, or relieves the owner of any property from the duty to keep any tree, shrub, or plant upon his property or under his or her control in such a condition as to prevent it from constituting a public nuisance.

(Ord. 740 § 2, 2022)