Chapter 12.32 — TREE PRUNING REGULATIONS

The purposes of this chapter are: (1) to establish standards for care and maintenance of trees located on public property; (2) to regulate compliance with those standards in order to protect those public assets and enhance their appearance; (3) to establish standards for the use of public rights-of-way for the care and maintenance of trees located on public property or located on private property and affecting public rights-of-way; and (4) to provide for the public safety during such care and maintenance.

(Ord. 1003 § 1, 2001)

• A. Unless otherwise defined, all terms and expressions used herein shall have the meanings utilized by the nursery and landscaping trades, arboricultural trades or the meanings in common usage.

• B. Complete root system, as used herein, means the root crown and all roots that are larger than three inches in diameter.

• C. Contractor, as used herein, means any person, agency or entity performing or subcontracting for the performance of any tree work (as hereinafter defined), whether or not such person or entity has been hired by the city or another person or entity to perform such operations.

• D. Tree work, as used herein, means any of the tree pruning or landscaping operations referred to herein.

• E. Emergency work, work required when a tree or shrub is causing an immediate hazard to power lines with the potential to disrupt electrical service and/or cause damage to the public and property.

• (Ord. 1003 § 1, 2001)

The regulations of this chapter shall apply to any contractor, property owner or occupant performing any of the tree pruning or landscaping operations referred to herein when such performance is rendered on or affects or interferes with public property or the public right-ofway within the city. Nothing in the ordinance codified in this chapter is intended to stop, delay or prevent any utility from complying with state and federal government regulations. (Ord. 1003 § 1, 2001)

• A. Scheduling.

  1. Contractor shall notify the city no sooner than sixty days and no later than ten days before any tree work is commenced unless the tree work is required by an emergency.

  2. Prior to commencing any tree work, the city representative and contractor shall agree

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.32.040

§ 12.32.040

upon a work schedule. Any changes in this schedule must be approved by the city; the contractor will give the city twenty-four hours notice of said changes. Maintenance and operation of equipment shall be performed only during the time periods as follows:

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October 1 - April 30 Monday - Friday 7:00 am - 5:30 pm
Saturday (With City Approval 8:00 am - 5:00 pm
Only)
Sunday Work is not permitted
May 1 - September 30 Monday - Friday 6:00 am - 7:00 pm
Saturday (With City Approval 8:00 am - 5:00 pm
Only)
Sunday Work is not permitted
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Exceptions to the above schedule may be granted by the City upon demonstration of the necessity for such deviation. Emergency work directed by the City shall not be impacted by the above scheduling restrictions.

• B. Encroachment.

Before commencing work, the contractor shall apply for and receive an encroachment permit to work within the public right-of-way. An inspector will be assigned to inspect the tree work, monitor traffic controls and insure public safety.

• C. Safety Standards.

  1. Contractor shall comply with the State of California and Cal-OSHA Safety Rules and Regulations and American National Standards Institute (ANSI) Z133.1 standards. Contractor shall supply all delineation, signing and clothing as required by the State of California Department of Transportation.

  2. Contractor shall set up traffic controls to assure a safe and proper lane closure is provided for the work area when work is done on public streets. If work along a public right-of-way will require the closure of a traffic lane, the contractor shall notify the city at least twenty-four hours in advance and comply with the procedures outlined in the Cal-Trans Manual (page 5-48, figure 5-9, Typical Lane Closures). Contractor shall also obtain a copy and observe the city's traffic controls which outlines the normal requirements to close down a traffic lane for work. Contractor shall also accept additional direction or requirements from city staff when unusual conditions may exist or a hazard is identified.

• D. Utility Hazards.

  1. The contractor shall exercise precautions as necessary when working adjacent to aerial utilities and comply with clearances as defined by current and applicable ANSI standards. In the event that aerial utility wires present a hazard to the contractors personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company.

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City of Palm Desert, CA

PALM DESERT CODE

§ 12.32.040

§ 12.32.040

2. Any new planting of trees, shrubs and bushes shall be performed in a manner that does not interfere with overhead utility installations.

• E.

Arboriculture Standards.

1. All work shall conform to current and applicable International Society of Arboriculture (ISA) and American National Standards Institute (ANSI) standards. In all cases the city's representative shall have complete and sole discretion in determining conformance and acceptability of trees trimmed and/or removed.

2. All work is to be done by personnel who have been trained according to ISA accepted tree care standards. Work is to be supervised by an experienced ISA certified arborist.

3. All tree pruning and/or removal is to be done by an experienced ISA certified tree worker and/or an experienced but non-certified tree worker under the direct supervision of one of the aforementioned ISA certified personnel. Direct supervision requires that the ISA certified arborist or certified tree worker be present on the job site and observing the work of a non-certified employee.

• F. Tree Removal.

  1. Trees being removed shall be done according to ANSI safety standards and provide for the safety of workers, traffic, city residents and property.

  2. All trees that have been topped, trimmed or mutilated beyond salvageability shall be removed at contractors expense, and such removal shall include removal of the complete root system so that future plantings can be accomplished without complications.

  3. Any trees which require severe pruning that leaves the survivability of the tree in question shall be removed at contractors expense along with the complete root system.

• G. Stump Requirements.

  1. All stumps shall be ground to twenty-four inches below grade and all roots larger than three inches in diameter shall be removed. Holes shall be backfilled with native soil. Compaction shall be achieved with the use of water and the finished grade shall be two inches above natural grade. If imported unclassified fill is used to backfill holes, the city must grant written approval and be notified far enough ahead of time to allow for soil testing. Any landscape and/or landscape material damaged during stump removal will be replaced by contractor and approved by a city representative.

  2. All visible surface roots are to be removed to eight inches below grade and voids filled in accordance with the section immediately above.

• H. Debris Removal & Composting of Green Waste.

1. Contractor shall remove all cuttings and debris from the work area on a daily basis. All dump/disposal fees shall be included in the bid proposal price.

   2. Contractor shall dispose of all appropriate green waste removed from landscape areas at an approved facility where green waste is converted to a usable soil amendment or energy.

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.32.040

§ 12.32.060

3. Contractor shall submit, at the end of the encroachment permit period, to the city representative, a listing of the landfill and/or energy site(s) used and a gross weight slip from the facility.

• I. Damage to Public or Private Property.

  1. Should any structure or property, including landscape, be damaged during permitted or contracted tree work, the persons conducting the work shall immediately notify the proper owners or city representative. Repairs to property damaged shall be made, at the sole cost and expense of the responsible party, within forty-eight hours. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the city.

  2. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the city. Special attention is drawn to sprinkler systems on all city property and private property, and the need to avoid damage or to repair damage to sprinkler systems as soon as possible.

• (Ord. 1003 § 1, 2001)

• A. Any contractor and the owner, operator or manager of any property, facility, business or agency performing or arranging for the performance of the tree pruning and landscaping operations within the purview of this chapter shall comply herewith. Such contractor, owner, operator or manager shall not violate or permit a violation of this chapter.

• B. The city's zoning and license officers, police and fire personnel are authorized to issue citations for violation of the regulations of this chapter.

• (Ord. 1003 § 1, 2001)

Any person who violates any provision of this chapter is deemed guilty of an infraction in accordance with Chapter 1.12 of this code.

(Ord. 1003 § 1, 2001)

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.36.010

§ 12.36.030