Salinas Municipal Code § 35-6 Control of street trees, etc., by city

Footnotes:

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Cross reference— For prohibition against overgrown trees and shrubs on or near streets, see § 30-11 of this Code.

State Law reference— For state law as to cutting, removing, injuring, etc., of trees, see Pen. C., § 384a. As to tree planting act of 1931, see Sts. & H.C., § 22000 et seq. As to authority of city to plant shade trees, see Gov. C., § 40401.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) "Director" means the public works director.

(b) "Hedge" means nay plant material, shrub, or plant, when planted in a dense, continuous line or areas so as to form a thicket or barrier.

(c) "Heritage and/or landmark trees" means any oak tree which is twenty-four inches or more in diameter when measured two feet above the ground, or oak trees which are visually significant, historically significant, or exemplary in their species.

(d) "I.S.A." means the International Society of Arboriculture.

(e) "Park" means all parks to which names have been given by action of the council.

(f) "Plant" means all plant material not defined as "street tree," "shrub," or "hedge," and which said plant is non-woody, annual, or perennial in nature, and not necessarily hardy.

(g) "Prune" means to abide by the definition of pruning within the pruning techniques section of the I.S.A. Tree Pruning Guidelines.

(h) "Public place" means all grounds other than streets or parks owned by or leased to and under the control of the city.

(i) "Shrub" means any woody perennial plant which is normally low, several-stemmed, adaptable to shaping, trimming, and pruning, without injury, within the area planted.

(j) "Street" means all land lying between the boundaries of property abutting on all public streets, boulevards, alleys, and walks.

(k) "Street tree" means any woody perennial plant having a single main axis or stern commonly achieving ten feet in height and capable of being shaped and pruned to develop a branch-free trunk at least nine feet in height.

(l) "Street trees," "shrubs" or "plants" means any tree, shrub, or plant, in any street, park or public place, in the city,

(Ord. No. 1164 (NCS), § 2; Ord. No. 2270 (NCS), §§ 1, 2, 3, 4, 5.)

(Ord. No. 2529 (NCS), § 6, 7-10-2012)

The public works director shall prepare and maintain an official street tree plan for the city. Such plan shall be established after investigation and approval by the council.

(Ord. No. 1164 (NCS), § 15.)

(Ord. No. 2529 (NCS), § 7, 7-10-2012)

Cross reference— As to streets and sidewalks, see Ch. 30 of this Code.

The following restrictions are established for the planting, trimming and care of trees in or upon the public streets of the city:

(a) Along any given street, the selection of species of tree shall be in accordance with the designated street tree master list and the official street tree plan approved by the council.

(b) No tree, plant or shrub shall hereafter be planted at the intersection of two or more streets or within forty feet of intersection of curb line. Trees shall be specified for parkways regardless of width at the discretion of the council and under the direction of the director.

(c) Trees shall be planted between the curb and the sidewalk or within a designated right-of-way at the discretion of the council and under the direction of the director.

(d) All trees planted shall be in accordance with the amended street tree planting standard plan.

(Ord. No. 1164 (NCS), § 12; Ord. No. 2270 (NCS), § 7.)

(Ord. No. 2529 (NCS), § 8, 7-10-2012)

Industrial areas shall not be planted unless a request is presented to the director. Upon approval by the director and the council, the request shall be granted.

(Ord. No. 1164 (NCS), § 16; Ord. No. 2270 (NCS), § 8.)

(Ord. No. 2529 (NCS), § 9, 7-10-2012)

Cross reference— As to zoning, see Ch. 37 of this Code.

Major approachways to the city will be planted with street trees in accordance with the approved plan.

(Ord. No. 1164 (NCS), § 17.)

The city shall have control of all street trees, shrubs, and plants, now or hereafter in any street, park, or public place within the city limits, and shall have the power to plant, care for, and maintain such trees, shrubs, and plants.

(Ord. No. 1164 (NCS), § 3.)

It shall be the duty of the director to plant, trim, prune, and care for, all street trees, shrubs, or plants, in the city and to remove all hazardous street trees, shrubs, or plants, in and upon any street, parkway, or alley, in the city.

(Ord. No. 1164 (NCS), § 4.)

Cross reference— As to parks and recreation, see Ch. 28 of this Code.

No person shall interfere with the director or any persons acting under his authority while engaged in planting, mulching, pruning, maintaining adequate tree basins, trimming, spraying, treating, or removing, any tree, shrub, or plant, in any street, parkway or alley in the city or in the removing of any stone, concrete or other substance from about the trunk of any tree, shrub or plant in any such street, parkway or alley.

(Ord. No 1164 (NCS), § 7.)

No person shall root-trim, trim, prune, plant, injure, remove, or interfere with any tree, shrub or plant upon any street, parkway or alley in the city without written permission therefor from the director. The director is hereby authorized to grant such permission at his discretion, but no such permit shall be valid for a longer period than thirty days after the date of issuance. Any request for permission to remove any tree from any street in the city shall be made in writing to the director clearly stating the reasons for such request. Any tree, plant or shrub removed for the benefit of the applicant, as determined by the director, shall be removed at the expense of the property owner and under the direction of the director. The installation of any pipe line or sprinkler system in the central portion of any parkway may be subjected to review by the director. The city assumes no liability for damage to any pipe line at the time a tree is being planted, removed, or root-trimmed.

(Ord. No. 1566 (NCS), § 1; Ord. No. 1164 (NCS), § 5; Ord. No. 2270 (NCS), § 9.)

If a property owner or his authorized agent disagrees with the ruling of the director, a written statement of objections shall be submitted to the city council for review and decision. The council will review the ruling of the director and make a determination affirming or modifying the same at a meeting within forty-five days after receipt of the request. The decision of the city council shall be final. No such appeal shall be valid or have any effect as an appeal unless filed with the city clerk within five working days from the date of such decision of the director. The director shall enforce the decision of the council after the prescribed waiting period of five days.

(Ord. No. 1566 (NCS), § 2: Ord. No. 1164 (NCS), § 14; Ord. No. 1276 (NCS), § 1.)

(Ord. No. 2529 (NCS), § 10, 7-10-2012)

Any person maintaining any overhead wires or any pipes or underground conduits along or across any street, parkway or alley in the city, or owning any property abutting upon any street, parkway or alley in the city, and desiring to have any city-owned tree, shrub, or plant cut, trimmed, pruned or removed, shall file, with the director, a written request that such work be done, and such request shall describe the work desired to be done, and it shall be within the discretion of the director to require a written agreement upon the part of the petitioner to pay the cost thereof and to do such work in the manner and within the time stipulated by the director before the issuance of any permit hereunder.

(Ord. No. 1164 (NCS), § 6.)

No person shall cause, authorize or permit any brine, oil, liquid dye, ground cover or ice plant, or other substance deleterious to tree life, to lie, leak, pour, flow or drip upon or into the soil about the base of any street tree, shrub, or plant, in any street, parkway or alley in the city, or onto any sidewalk, road or pavement within the city, at a point from which such substance may, by lying upon or by flowing, dripping or seeping into such soil, injure such tree, shrub or plant, or to otherwise harm or kill any such tree, shrub or plant. No person, without the approval of the director, shall place or maintain any stone, concrete or other substance so that it shall impede the free access of water or air to the roots of any tree, shrub or plant in any street, parkway or alley in the city.

(Ord. No. 1164 (NCS), § 8.)

Except for designated parks of the city, no person shall attach or keep attached to any tree, shrub or plant in any street, park, parkway or alley in the city, or to the guard or stake intended for the protection thereof, any wire, rope, sign or any other device whatsoever.

(Ord. No. 1164 (NCS), § 9; Ord. No. 2484 (NCS), § 1.)

During the erection, repair or alteration of any building, house or structure in the city, no person in charge of such work shall leave any tree, shrub or plant in any street, parkway or alley in the city in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to such tree, shrub or plant arising out of or by reason of the erection, repair or alteration.

All such contracted work carried out within the confines of the city limits shall be done under the supervision of an I.S.A.-certified arborist.

(Ord. No. 1164 (NCS), § 10; Ord. No. 2270 (NCS), § 10.)

Cross reference— As to buildings, see Ch. 9 of this Code.

Before any street improvements in any new subdivision of real property in the city are accepted by the council, the subdivider shall pay to the city the total cost of all trees to be planted along all streets in the subdivision. After receipt of payment, the city will plant the trees at the proper time.

(Ord. No. 1164 (NCS), § 11.)

Cross reference— As to subdivisions, see Ch. 31 of this Code.

Any person, firm or corporation, whether as principal, agent, employee or otherwise violating or causing the violation of any of the provisions of this chapter, or of any permit granted pursuant to this chapter, shall constitute a misdemeanor.

(Ord. No. 1704 (NCS), § 16; Ord. No. 2270 (NCS), § 11.)

Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and maintenance 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 their property or under their control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, alley or public place within the city.

(Ord. No. 2270 (NCS), § 12.)

No heritage or landmark Oak tree shall be removed from city property except with the prior written approval by the director.

(Ord. No. 2270 (NCS), § 13.)

Note— Reference Monterey Counties Ordinance No. 21.64.260—Preservation of Oak and Other Protected Trees, Section C—Regulations. (Note: the city only supports the retention of Subsection 5. as it relates to landmark trees. The city does not comply with the remainder of Monterey County's policies.)

Any violation of this chapter is declared to be unlawful and a public nuisance.

(Ord. No. 2270 (NCS), § 14.)