Chapter 2 — STREET TREE REGULATIONS

Section

9-2-1 Title

9-2-2 Definitions

9-2-3 Street tree plan

9-2-4 Enforcement and plan administration

9-2-5 Authority of Park Superintendent

9-2-6 Permission to plant street trees

9-2-7 Prohibited trees

9-2-8 Planting of trees in new subdivisions

9-2-9 Trimming or removal of trees

9-2-10 Pruning by public utilities

9-2-11 Commercial tree trimming businesses

9-2-12 Abuse or mutilation of trees prohibited

9-2-13 Open ground maintenance

9-2-14 Private tree maintenance; dangerous trees a nuisance

9-2-15 Appeals

9-2-16 Liability of property owner

9-2-17 Effect of chapter

9-2-18 Penalties

This chapter shall be known and may be cited as the “Street Tree Ordinance of the City of Livingston”.

(Ord. 293, passed 1-23-1986)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPROVED TREES. Trees planted and growing in accordance with the street tree plan, both as to variety and location. All other street trees shall be known as NONCONFORMING TREES.

PARK SUPERINTENDENT. The Director of Parks and Recreation or his or her authorized representative.

PERMIT. A written or printed authorization issued by the Park Superintendent.

STREET TREES.

1. All trees planted or growing within public rights-of-way, public easements, parks, streets, parking strips, alleys, roads

and ways within the city.

2. The locations herein referred to plus five feet on each side thereof, shall be known as street tree areas.

(Ord. 293, passed 1-23-1986)

(A) 1. The City Council shall cause to be prepared a street tree plan which when approved and adopted shall be the street tree plan of the city.

2. The street tree plan may be amended by resolution of the City Council.

3. The street tree plan shall include a list of approved street trees, a uniform method of street tree planning, and

designating certain streets or blocks of certain specimens of tree or trees.

(B) The street tree plan shall be strictly adhered to in regard to all future planting of trees in street tree areas.

(Ord. 293, passed 1-23-1986)

It shall be the duty of the Park Superintendent of the city to administer, control, regulate and enforce the street tree program of the city in accordance with the provisions of the street tree plan and of this chapter.

(Ord. 293, passed 1-23-1986)

The Park Superintendent shall have the authority to prune, trim, clip, spray, maintain and care for the street trees, or private trees to the extent that they overhang or project within public rights-of-way, or public roads of the city, as needed, to remove or require the removal by the owner of the adjoining property of diseased or dead trees, and encourage planting of approved trees throughout the city.

(Ord. 293, passed 1-23-1986)

No trees or shrubs shall hereafter be planted in any street tree area without written permission of the Park Superintendent and the Park Superintendent shall require that all new plantings of street trees shall be accordance with the provisions of this chapter, and the street tree plan.

(Ord. 293, passed 1-23-1986)

Some types of trees, upon maturing, instead of becoming assets to the community, become liabilities due to structural weaknesses, disease or insect susceptibility, short life, destructive root systems, and rank growing branches requiring excessive maintenance. Due to one or more of these characteristics, it shall be unlawful for any person to plant in any street tree area any of the following trees: sycamore; poplar; willow; American elm; walnut; fruitless mulberry; eucalyptus; conifers; pepper; palm; acacia; and Modesto ash.

(Ord. 293, passed 1-23-1986)

Before any street improvements in any new subdivision are accepted by the city, the subdivider shall comply with §6-10-27 of this code (subdivision improvements - street trees). Watering and care of the trees shall be the responsibility of the owner of the property.

(Ord. 293, passed 1-23-1986)

(A) No person shall cut, prune, remove, injure or interfere with any tree, shrub or plant, upon or in any street tree area or other public place in the city without first obtaining a permit from the Park Superintendent.

(B) Said permit shall be issued only for work to be done in compliance with the street tree plan and this chapter, and shall be issued without a fee. All work done pursuant to a permit shall be done under supervision of the Park Superintendent. Whenever any street tree, whether approved or nonconforming is removed or needs replacing, it must be replaced with a tree approved for that specific street tree area.

(Ord. 293, passed 1-23-1986)

Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the state and any duly constituted public agency authorized to provide and providing utility service, shall be given a permit from the Park Superintendent, 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 adjacent to 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 said Public Utilities Commission and as may be necessary to maintain the safe operation of its business.

(Ord. 293, passed 1-23-1986)

Any person engaged in the business of pruning, trimming or removing of trees in the city shall secure a business license permit to operate in the city. As a condition of the obtaining of such permit, the person shall carry, and shall furnish evidence to the Park Superintendent, that he or she has public liability insurance in the amount of $100,000 for injury to any one individual and in the amount of $200,000 in the aggregate, and property damage insurance in the amount of $25,000. The policy or policies or certificates thereof shall be filed with the Park Superintendent prior to the granting of such permit, and such person shall keep said insurance in full force and effect during the term of the permit.

(Ord. 293, passed 1-23-1986)

(A) It shall be unlawful for any person to abuse, break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree, plant or shrub in a street tree area or any other public place in the city or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill, paint, or other thing or device to or on any tree growing in a public place or to cause or permit any wire charged with electricity to be placed or attached to any such tree, or allow any gaseous liquid or solid substances which are harmful to such trees to come in contact with their roots or leaves.

(B) Anything in this section to the contrary notwithstanding, the City Council may upon written application therefor grant to any person upon such terms and conditions as the City Council may determine a permit for the temporary attachment to trees or shrubs of wires charged with electricity for purposes such as Christmas tree decorations.

(Ord. 293, passed 1-23-1986)

No person shall place or maintain any stone, cement or other substance so that it shall impede the free access of water or air to the roots of any street tree; not less than 12 square feet of open ground shall be left and maintained around every street tree.

(Ord. 293, passed 1-23-1986)

(A) Any tree or shrub growing in a street tree area public place or on private property which in any way may endanger the life, health, safety or property of the public, the security or usefulness of any public street, sidewalk, sewer or other public place or the full and safe operation of public utility wires, is hereby declared to be a nuisance, and the Park Superintendent may cause the same to be trimmed or removed.

(B) In the case of any such trees or shrubs in the private property portion of the street tree area, the Park Superintendent shall notify the owner, or his or her duly authorized agent, in writing that tree or shrub is a nuisance and should be trimmed or removed.

(C) Failure of the property owner or his or her duly authorized agent to remove or trim such tree or shrub within 15 days after receipt of said notice by the Park Superintendent shall be a violation of this section, and the Park Superintendent may then remove or trim said tree or shrub and assess the cost against the property owner.

(Ord. 293, passed 1-23-1986)

(A) Appeals to the City Council from any direction or order given or made by the Park Superintendent under §9-2-14 of this chapter may be made provided the appeal is filed in writing with the City Clerk not more than five days after the date of such order, whose decision, after public hearing of said matter, shall be final and conclusive.

(B) In the event the City Council shall uphold the direction or order of the Park Superintendent, the property owner, or his or her duly authorized agent, shall within ten days thereafter comply with such direction or order, or the Park Superintendent will remove to trim said tree or shrub and assess the cost against the property owner.

(C) The acts of the Park Superintendent on ordinary trimming or maintenance of street trees are not subject to appeal.

(Ord. 293, passed 1-23-1986)

Nothing contained in this chapter shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or plant upon any street tree area on his or her property or under his or her control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the city.

(Ord. 293, passed 1-23-1986)

If any section, subsection, clause or phrase of this chapter is, for any reason, held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or otherwise invalid.

(Ord. 293, passed 1-23-1986)

(A) Any person violating any of the provisions of this chapter, except as otherwise provided under this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500, or by imprisonment for a period of not more than six months, or by both such fine and imprisonment, as provided in § 1-4-1 of this code.

(B) Where any work is done or materials purchased by the city in performing any of the acts required by this chapter after failure of the owner or occupant of the abutting property to do so upon demand, the cost thereof may be recovered from such owner or occupant by civil action. The bringing of such action shall not prevent a criminal prosecution for the same act or omission.

(Ord. 293, passed 1-23-1986)