Lake Forest Municipal Code Ch. 6.20 Regulations Pertaining to Conversion, Maintenance and Removal Of…

This chapter shall be known as the Lake Forest Eucalyptus Tree Conservation Ordinance.

(Ord. 171 § 1, 2007)

The City has a vast quantity of beautiful eucalyptus trees which form the nucleus and the physical heart of the City. These trees are endangered by the presence of a beetle identified as the eucalyptus longhorn borer. These beetles lay their eggs on the eucalyptus trees and the larvae bore holes within the trees causing serious damage and destruction. The control of infestation by this beetle can be helped by regulating the maintenance of such trees in a healthy and nonhazardous condition through good arboricultural practices and by prohibiting the transportation and cutting of eucalyptus trees or logs during the period of April 1st through October 31st without a City permit.

(Ord. 171 § 1, 2007)

For the purpose of this chapter the following terms, phrases, words and their derivations shall have the same meaning given herein. Not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is mandatory and not merely directory.

"Director"

means the Director of Community Development of the City or his/her designee.

"Eucalyptus longhorn borer"

means that beetle with the scientific name of Phorancantha semipunctata.

"Eucalyptus tree"

means all species of eucalyptus trees, but does not include a tree that does not have a height of eight feet or more, or a trunk diameter of two inches or more measured at least three feet above ground level.

"Homeowner association"

means any lawfully formed association of property owners in a residential subdivision, including a master homeowners association and excluding its subordinate associations, if any.

"Person"

means any person, firm, partnership, association, corporation, company or organization of any kind, including public utility.

"Street or highway"

means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular and pedestrian traffic.

"Top or topping"

means the severe cutting back of limbs to stubs within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree.

(Ord. 171 § 1, 2007)

During the period from April 1st through October 31st of each year ("restricted period"), it is unlawful for any person to prune, cut branches from, top, or cut down any eucalyptus tree on public property within the City or to transport on the City's streets or highways any logs, branches, or trunk of any eucalyptus tree, unless a eucalyptus tree cutting permit has been obtained from the City.

(Ord. 171 § 1, 2007)

Notwithstanding any provision of this chapter, Southern California Edison Company shall be exempt from the provisions of this chapter due to its successful history and existing practices of applying sound horticultural methods guarding against the eucalyptus borer infestation when clearing trees from its electrical lines.

(Ord. 171 § 1, 2007)

A. No permit is required for any pruning, cutting, removal or transportation of eucalyptus trees during the period from November 1st through March 31st of each year.

B. During the restricted period (April 1st through October 31st) of each year, an application for a eucalyptus tree cutting permit shall be made on the form provided by the Director and shall include the number and location of the eucalyptus tree(s) to be cut, pruned, moved or removed. The application for the permit shall identify any health, safety, or emergency reasons for the cutting, pruning, removal or transportation of eucalyptus tree(s) during the restricted period.

C. The Director may condition any permit granted pursuant to this section as the Director determines to be necessary including, but not limited to, any of the following:

1. A condition requiring an objectively observable maintenance and care program to ensure the continued health and care of the eucalyptus tree(s) on the property and to ensure protection against any or further eucalyptus longhorn borer infestation;

2. A condition requiring that subsequent to any cutting or removal of all or any part of the eucalyptus tree, the eucalyptus wood shall be chipped, burned, buried or tarped immediately; and any burning shall be consistent with South Coast Air Quality Management Board regulations;

3. A condition that any stored eucalyptus wood be tightly covered with an ultra violet light resistant clear plastic tarp at least six mil thick, with the ends of the tarp either weighted or covered with dirt to control tree scent dispersal and prevent the introduction or exiting of any eucalyptus longhorn borer for a minimum of six months before any eucalyptus wood may be used or the tarp otherwise removed.

(Ord. 171 § 1, 2007)

Any governmental agency, public utility or homeowner association may apply to the City for an annual master permit to cut, prune, remove, or transport any eucalyptus tree or any part thereof on public or private property within the City during the restricted period. A homeowner association pursuant to its permit may authorize and supervise any of the permitted activity by its members.

A. An application for the annual master permit shall be made on the form provided by the Director and shall require that any cutting, pruning, removing or transporting of eucalyptus tree(s) be performed consistent with generally accepted horticulturist/arborist procedures or under the supervision of a qualified arborist or horticulturist to ensure protection against any or further infestation by the eucalyptus longhorn borer.

B. The Director may impose conditions on any annual master permit granted pursuant to this section that may be necessary to protect against any or further eucalyptus long horn borer infestation during the restricted period, including a condition that within 10 days after any cutting, pruning or transporting of eucalyptus tree(s) or any portion thereof, the governmental agency, public utility company or homeowner association notify the City in writing of the reasons for the cutting, pruning, removing and/or transporting of eucalyptus tree(s).

C. The annual permit shall be automatically renewed for a new year period, unless during the year the permittee has violated any of the provisions of this chapter or the conditions of the permit, or the Director notifies the permittee that a renewal application is necessary to implement new protection measures needed for the eucalyptus trees.

(Ord. 171 § 1, 2007)

A. Violation of any provision of this chapter including any condition of a permit granted shall be prosecuted as a misdemeanor or an infraction, at the discretion of the City Attorney. The fine for conviction as an infraction shall be $100 for the first violation, $200 for the second violation within one year, and $500 for each subsequent violation within one year. The fine for conviction as a misdemeanor shall be a fine of not less than $500 nor more than $1,000 and/or up to six months in the County Jail.

B. Each tree affected by noncompliance with any provision of this chapter or any condition of a permit granted shall constitute a separate violation.

(Ord. 171 § 1, 2007)