Moraga Municipal Code Ch. 12.10 Trees, Shrubs, Hedges and Other Landscaping in the Public Right-of-Way

The public right-of-way is a unique public resource held in trust for the benefit of the public. The overgrowth of trees, shrubs, and hedges and other landscaping within the public right-of-way needs to be maintained in order to provide public access, to provide for the safety of the public, reduce fuel for fires, and protect and enhance the character and quality of the Town of Moraga.

(Ord. No. 289, § 2, 6-10-2020)

Purposes of this chapter, the following definitions shall apply:

"Abutting property owner" means the owner of a parcel of real property which abuts any portion of a sidewalk area between the property line of the parcel and the street line, including a parking strip and curb.

"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.

"Sidewalk area" means the area between the property line of the parcel and the street line, which may include landscaping, such as shrubs, bushes and trees, mailboxes and other items, and improvements, such as a sidewalk, pathway, parking strip, curb and gutter.

(Ord. No. 289, § 2, 6-10-2020; Ord. No. 301, § 2, 10-12-2022)

Each tree in the public right-of-way shall be maintained by the abutting property owner in a neat, healthy, and safe condition. No encroachment will be permitted or maintained which interferes with, impedes, obstructs, or denies pedestrian or other lawful travel within the limits of the public right-of-way of a public highway or impairs adequate sight distance for safe pedestrian or vehicular traffic.

(Ord. No. 289, § 2, 6-10-2020; Ord. No. 301, § 2, 10-12-2022)

Each shrub, hedge, or other landscaping in the public right-of-way shall be maintained by the abutting property owner in a neat, healthy, and safe condition. No hedge, shrub, or other plantings whatsoever or fence or similar structure shall be maintained by the abutting property owner across any existing walkway in a sidewalk area or shoulder. The intent of this restriction is to keep a walkway free for pedestrian or other lawful public travel, including interference with vehicular travel. No encroachment will be permitted or maintained which interferes with, impedes, obstructs, or denies pedestrian or other lawful travel within the limits of the public right-of-way of a public highway or impairs adequate sight distance for safe pedestrian or vehicular traffic.

(Ord. No. 289, § 2, 6-10-2020; Ord. No. 301, § 2, 10-12-2022)

The maintenance of any tree, shrub, hedge or other landscaping contrary to the provisions of this chapter is unlawful and is declared to be a public nuisance.

(Ord. No. 289, § 2, 6-10-2020)

Any violation of this chapter may be enforced by any remedy available to the town under this Code or under state law. Enforcement may also include those enforcement measures identified in MMC section 12.06.090.

(Ord. No. 289, § 2, 6-10-2020)