Rocklin Municipal Code Ch. 12.08 Trees

A. The public health, safety and welfare require that the city maintain a program for the installation and preservation of trees on all public property in the city as a municipal affair and in order to beautify the city, purify its air, and provide for shade for its inhabitants. It is in the public interest that a program for the planting and maintenance of trees along the streets within the city should be established and followed. This chapter provides for such a program by establishing regulations governing the planting and maintenance of street trees and for the selection of appropriate species to achieve as much uniformity as possible for beauty and economy.

B. It is the duty of the city manager or his or her designee ("administrator") to enforce, implement, and carry out this chapter.

(Ord. 676 § 1, 1993; Ord. 392 § 3, 1979).

(Ord. No. 1096, § 3, 5-22-2018)

For the purposes of this chapter, the following words and phrases shall have the following meanings:

A. "Administrator" means the city manager or any employee designated by him to administer this chapter.

B. "Maintain" or "maintenance" means the entire care of trees in planting strips, and includes the preparation of ground, fertilizing, mulching, planting, spraying, trimming, pruning, topping, and root control. It does not include watering, unless specifically so stated.

C. "Planting" means planting and replacement in planting strips.

D. "Planting strip" is the area available for planting between the street curb, or place where the curb should be, and the property line.

E. "Street tree" means a tree, shrub or plant planted in a planting strip within a public right-of-way.

(Ord. 676 § 2, 1993: Ord. 392 § 2, 1979).

(Ord. No. 1096, § 3, 5-22-2018)

A. The administrator shall evaluate types and varieties of trees for planting along the streets of the city. Such an evaluation program shall be a continuing program. Whenever the administrator evaluates a tree and determines that in his opinion it is a proper tree to be planted on the streets of the city to accomplish the purposes of this chapter, he shall add it to the official tree planting list.

B. The official tree planting list of the city, attached to the ordinance codified in this chapter and incorporated in this chapter by reference, together with additions by the administrator, shall remain in effect until supplanted by subsequent approved and adopted amendments or lists.

C. All new and replacement plantings on the streets of the city shall be confined to trees from the latest official tree planting list.

(Ord. 392 § 4, 1979).

(Ord. No. 1096, § 3, 5-22-2018)

A. The administrator shall evaluate types and varieties of trees on the tree planting list and the nature of the particular areas to be planted and shall determine the best trees for such areas.

B. In making his or her determinations under this chapter the administrator shall be guided by and apply the following standards:

1. Trees shall be selected from the official tree planting list, except that other trees may be planted on an experimental basis in selected areas. The purpose of the experimental planting is to determine the suitability of the trees for use on the streets of the city. A successful experimental planting may remain in place and shall be deemed approved as a street tree as planted;

2. The prime purpose of beauty or shade shall always be observed;

3. The location of specific trees shall be determined with consideration given to avoiding or minimizing interference by the trees with existing or planned utilities, driveway approaches, street intersections and building exposures;

4. Selection of a particular species of tree for a specific block, street, or section of the city shall be based upon the nature of the species and the width of the planting strip, soil conditions, zoning regulations, street patterns, building setbacks, utilities, and the availability of the particular species.

(Ord. 392 § 5, 1979).

(Ord. No. 1096, § 3, 5-22-2018)

A. The city shall provide proper maintenance according to good municipal forestry practices for all trees growing along the city streets.

B. All street trees throughout the city shall be removed by the city if dead, dying, or in a dangerous condition likely to cause damage. The city, at its own cost and expense and in accordance with the standards set forth in Section 12.08.040, in the area of such removal, will replace all trees so removed.

C. Upon discovering that a tree is infected or infested with insects, pests, or disease, the administrator shall cause the condition to be treated or, if a tree is so infected or infested to such a degree that the condition cannot be eradicated by treatment, the administrator may order the removal and replacement of the tree.

(Ord. 392 § 6(a, b, c), 1979).

(Ord. No. 1096, § 3, 5-22-2018)

Each street tree shall be maintained as follows:

A. Surface roots of a young tree in process of development shall be removed to prevent future sidewalk, curb, and gutter damage;

B. Overhead limbs shall be pruned proportionately to compensate for root loss;

C. Large trees along the streets shall, upon reaching maturity, be pruned or trimmed;

D. A tree during the process of development shall be properly shaped and trimmed to provide adequate sidewalk and street clearance.

(Ord. 392 § 6(d), 1979).

(Ord. No. 1096, § 3, 5-22-2018)

If a street tree or a tree, shrub or plant standing on private property and overhanging or projecting into a public right-of-way appears to be dead, liable to fall, dangerous, an obstruction to public travel or is not pruned or trimmed, the administrator may have it, or such part of it as is dead, liable to fall, dangerous or an obstruction to public travel, or not trimmed, cut down. Except in case of public danger and immediate necessity, no such tree, shrub or plant standing on private property may be completely cut down or removed unless the city gives ten days' notice in writing to the owner or occupant of the property.

(Ord. 676 § 3, 1993: Ord. 392 § 6(e), 1979).

(Ord. No. 1096, § 3, 5-22-2018)

When determined by the administrator that private plantings or installations in planting strips are a hazard to the public or conflict with the approved tree planting plan, the administrator has authority to cause the hazard or detriment to be removed or eliminated.

(Ord. 392 § 7(a), 1979).

(Ord. No. 1096, § 3, 5-22-2018)

No person may, without a written permit from the administrator, plant, remove, trim, prune, or cut any tree upon the street, planting easement, or between the property line and the curb. When permission is granted for the purpose of planting, trimming, pruning, cutting or removing a tree, such planting, trimming, pruning, cutting or removal shall be done under the general supervision of the administrator. The stump of a tree including underground portions to a depth specified by the city manager shall be removed.

(Ord. 392 § 7(b), 1979).

(Ord. No. 1096, § 3, 5-22-2018)

No person shall interfere, or cause or permit a person to interfere, with employees of the city engaged in the planting or maintaining, treating, or removing of any tree or plant.

(Ord. 392 § 7(c), 1979).

(Ord. No. 1096, § 3, 5-22-2018)

No person shall:

A. Construct a concrete, asphalt, brick or gravel sidewalk or otherwise fill up the ground area around any street tree so as to shut off air, light or water from the roots except under written authority from the city manager;

B. Pile building material, equipment or other substance around any tree so as to cause injury to it;

C. Pour deleterious matter on or around any street tree, or on the ground around it or on any planting strip, lawn or sidewalk;

D. Post a sign on the street tree, tree stake or guard, or fasten a guy wire, cable or rope to a street tree, tree stake or guard. An official notice of the city may, under the supervision of the administrator, be installed on a tree trunk which is suitably located;

E. Plant a tree within a city right-of-way, the planting of which is contrary to the provisions of this chapter.

(Ord. 676 § 6, 1993: Ord. 392 § 7(e) (1—4, 6), 1979).

(Ord. No. 1096, § 3, 5-22-2018)

This chapter does not impose liability upon the city, or its officers or employees, and does not relieve the owner and occupant of a private property from the duty to keep trees and shrubs upon private property or under his control, or upon sidewalks and parking strips in front of his private property, in safe condition, or from the duty to notify the city of any hazardous or potentially hazardous conditions on adjacent public property.

(Ord. 392 § 8, 1979).

(Ord. No. 1096, § 3, 5-22-2018)

A decision of the administrator relating to the official tree planting list or requiring any action by a private property owner, or the denial of any necessary permits to a private property owner, may be appealed as set forth in Chapter 12.01 of this title.

(Ord. 392 § 9, 1979).

(Ord. No. 1096, § 3, 5-22-2018)

Violation of this chapter or any part of it is a misdemeanor as defined by the applicable provisions of the laws of the state of California.

(Ord. 392 § 10, 1979).

(Ord. No. 1096, § 3, 5-22-2018)