Petaluma Municipal Code Ch. 13.08 Trees and Other VEGETATION1

1 Editor’s Note: Prior ordinance history: prior code §§26.1-26.7, Ord. 528 NCS.

The director of public works or his duly authorized representative shall be charged with the enforcement of this

chapter. (Ord. 1970 NCS §3, 1994.)

Any person planting or setting out any tree, or causing or procuring any person to plant or set out any tree, in or

on any part of any public street or right-of-way area in the city shall undertake and complete said placement in

accordance with the city-approved street tree list and planting standards. (Ord. 1970 NCS §3, 1994.)

The tree advisory committee of the city shall consult with parks, public works and planning staO and shall

recommend to the city council who, by resolution, shall adopt a list of trees approved for planting within public

rights-of-way. The resolution so adopted may be amended from time to time and may contain therein such tree

planting requirements as are deemed necessary by the council. The resolution so adopted or later amended by

the council shall be Lled with the city clerk, the directors of public works, planning, and parks, and copies thereof

shall be made available to the public. (Ord. 1970 NCS §3, 1994.)

Any tree or shrub growing in a public planting strip or other right-of-way area, or in private property, which is

endangering the security or usefulness of any public street, utility, or sidewalk, is a public nuisance. The city may

cause to have the same to be removed or trimmed, or may require the owner of a property adjoining the aOected right-of-way to remove or trim any such tree or other vegetation and further may direct the city attorney, upon

order of the city council, to commence action or proceedings for the abatement and removal and enjoinment

thereof in the manner provided by law. (Ord. 1970 NCS §3, 1994.)

A tree, shrub or other vegetation which, in the opinion of the director of public works, constitutes a hazard to

traNc through obstruction to visibility and movement along a public street is a public nuisance. The city may cause

such tree or other vegetation to be trimmed or removed and may commence proceedings for abatement as

provided by law. (Ord. 1970 NCS §3, 1994.)

It is unlawful to damage, abuse, destroy, or mutilate any tree located in any public rights-of-way area, or to attach

or place any rope or wire (other than one used to support a tree), sign, poster, handbill, or other thing to or on any

such tree, or to cause any wire charged with electricity to come in contact with any such tree, or to allow any gas,

liquid or solid substance which is harmful to such trees to come into contact with their roots or leaves. Unlawful

activities include heading, topping, removal of major limbs and other alteration which substantially impairs the

structural integrity, health, aesthetic value or general usefulness of trees located within public right-of-way areas,

and which is not consistent with the provisions under this title and city-adopted pruning guidelines.

The above provisions notwithstanding, trimming, pruning, and selective removal of branches and foliage from

such trees for purposes of maintaining a safe and nondangerous condition for users of public streets and

sidewalks, and for purposes of improving the health, structure, aesthetic value and general usefulness of the trees

shall be permitted, provided such pruning is consistent with provisions under this title. (Ord. 1970 NCS § 3, 1994.)

It is unlawful for any person, organization, oNcer of the city or other public entity to remove any tree located

within the public rights-of-way without Lrst obtaining a tree removal permit, unless, in the opinion of the director

of public works or a duly authorized representative, the tree presents a clear danger to public safety. Permits

required under this chapter shall be issued by the director of public works or his duly authorized representative

subject to the concurrence of the directors of parks and planning or their duly authorized representatives.

The director of public works shall insure that applications for permits specify complete information on the

proposed action and shall determine prior to issuance of the permit, that the proposed action is in conformity

with one or more of the following Lndings:

A. The tree is a public nuisance and removal is in the best interest of the health, safety or welfare of the

community.

B. The physical condition of the tree (health, structure, or growth habit) is not consistent with city general plan

policies promoting a city-wide pattern of healthy street trees, provisions under this title, and city standards for

planting and maintenance of trees in right-of-way areas.

C. Removal of the tree is necessary to ensure reasonable access to an adjacent property, or to preserve use of a

property for any principal use permitted as of right or by special permit under city zoning ordinance provisions, or

other laws governing use of the property.

The director of public works may require replacement of a removed tree with a suitable tree or trees consistent

with the city-adopted street tree list and planting standards. Failure to obtain said tree removal permit and/or

replace removed tree(s) if required shall be deemed a violation of this chapter.

(Ord. 1970 NCS § 3, 1994.)

Any person dissatisLed with the decision of the director of public works taken under this chapter may appeal such

decision to the city council. Such appeal shall be Lled in writing with the city clerk within fourteen days of the date

of the decision, and shall specify the basis for appeal and the relief sought by the appellant. The appeal shall be

heard within two regularly scheduled meetings of the city council. The council may aNrm, modify, or reverse the

decision of the director in action taken by resolution. (Ord. 1970 NCS § 3, 1994.)

Violation of any provision of this chapter is punishable as an infraction. In addition to any Lne established for

-such infraction, replacement of illegally removed, damaged, destroyed or mutilated trees with healthy trees in

conformance with the city street tree list and planting standards shall be required. Violations may also be subject

to abatement in accordance with the manner provided by law. (Ord. 1970 NCS § 3, 1994.)