San Bernardino Municipal Code Ch. 12.40 Street Trees

Section

Statutory reference:

For provisions on the planting of trees along public streets, see Cal. Streets and Highways Code, §§ 22000 et seq.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DIRECTOR OF PARKS, RECREATION, AND COMMUNITY SERVICES. Any designated representative of such Director.

DIRECTOR OF PUBLIC SERVICES. Any authorized representative of such Director.

(Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984)

All streets, sidewalks, parkways, lanes, alleys, parks and other public places in the city now open or dedicated, or which may be hereafter opened or dedicated to public use, may be planted with trees, palms, shrubs, bushes, plants and flowers as specifically provided in the street tree master plan on file in the Parks, Recreation and Community Services Department.

(Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983)

It is unlawful for anyone to plant trees, shrubs or bushes upon the streets, sidewalks, parkways, lanes, alleys, parks and other public places to which the master plan is applicable, except in conformity with the master plan.

(Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983)

In the event a petition bearing the signatures of not less than 75% of the property owners owning property fronting upon any city street, sidewalk, parkway, lane, alley, park or other public place which is one block long or more, requests a change in the variety of trees used for planting in the place referred to in the petition, the petition shall be granted by the Director of Public Services, following consultation with the Director of Parks, Recreation and Community Services if the variety requested for replacement or new planting is known and established as a street tree and is not of a variety that may tend to break sidewalks or curbs or is not objectionable as a street tree for other reasons.

(Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984)

Upon receipt of a request for the removal of a city tree or for a change in the type of tree designated in the master plan, the Director of Public Services shall investigate and respond in writing to the request, with a copy to the Council member of the ward. The Director’s decision shall be final unless an appeal to the Mayor and City Council is filed with the City Clerk pursuant to the provisions of Chapter 2.64.

(Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984)

The Director of Public Services is authorized to remove or approve the removal of those trees which:

(A) Are diseased;

(B) Constitute a traffic hazard;

(C) Threaten to damage sidewalks, curbs or gutters;

(D) Are not in conformity with adopted specifications:

(E) Interfere with street widening;

(F) Are located in a business district;

(G) Obstruct the moving of houses;

(H) Block proposed driveways or entrances to private property; or

(I) Interfere with or damage sewers or water lines.

(Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984)

It is unlawful for any person, persons or corporation to cut down, trim, take up, remove, prune or injure any trees, shrubs, palms or flowers that are now planted or grown on any of the public streets, sidewalks, parkways, lanes, alleys, parks or other public places of the city, except after procuring a permit from the office of the Director of Public Services. A permit fee established by resolution of the Mayor and City Council shall be collected, except that no fee shall be paid for any work required by any city department or performed pursuant to a contract with the city.

(Ord. 1655, passed 4-8-1941; Ord. 2273, passed 9-22-1959; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984)

Any person desiring to procure a permit, as specified in § 12.40.070, shall apply, in writing, to the Director of Public Services, who may require a good and sufficient bond in such sum as may be fixed by the Director, conditioned that the applicant will pay the city all costs and damages resulting from the removing, trimming, pruning of trees, shrubs or bushes, and the Director may, in his or her discretion, require the furnishing of a bond or policy of insurance to cover any and all claims for damages to persons or property resulting from the removal, pruning or trimming of trees, shrubs or bushes. The Director may establish other conditions to the permit for protection of persons and property.

(Ord. 1655, passed 4-8-1941; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984)

Upon the issuance of any permit, the applicant shall comply with each condition of the permit and shall, at least 18 hours before commencing work, notify the Director of Public Services to cause a field inspection to be made.

(Ord. 1655, passed 4-8-1941; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984)

In the event of a request for the removal of trees by the Director of Public Services under the provisions of § 12.40.060, 60 days’ notice shall be given on all trees except palms, and 30 days’ notice shall be given in the case of palm trees, except when the trees constitute a hazard. There shall be paid to the city by the person requesting removal a sum to compensate for the reasonable cost of the removal of the tree or trees, together with a reasonable sum to box, remove, replant and conserve the tree or trees so removed, if applicable. Such sums shall be fixed by the Director of Public Services and shall be paid prior to removal.

(Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984)

It is unlawful for any person to carve or injure the bark of any tree, shrub, palm or bush that is planted or grown on any of the public streets, sidewalks, parkways, lanes, alleys, parks or other public places in the city. It is unlawful for any person to attach any rope, wire or other contrivance to the tree, shrub, palm or plant; to cause or permit anyone to dig in or otherwise disturb grass areas in public places, or in any other way injure or impair the natural beauty or usefulness of any public area; to cause or permit any wire charged with electricity to come in contact with the tree, shrub, palm or plant; to allow any gaseous, liquid or solid substance which is harmful to the tree, shrub, palm or plant to come in contact therewith.

(Ord. 1655, passed 4-8-1941; Ord. MC-325, passed 12-6-1983; Ord. MC-460, passed 5-15-1985)

(A) It is unlawful for the owner or occupant of any corner lot in the city to keep, permit or maintain trees, hedges, shrubs or any growth within the sight triangle, as shown on the standard drawing(s) referenced in § 12.30.020, unless the trees, shrubs, hedges or other growth are trimmed so that the height of same shall not exceed two and one-half feet above the pavement at the curb lines of the intersecting streets, except that trees with main stalks or trunks exposed to a height of eight feet above the ground need not be trimmed or cut, unless directed to do so by the Director of Development Services.

(B) It is unlawful for any owner or occupant of any premises in the city to permit, keep or maintain hedges, shrubs or any growth over two feet in height within a distance of six feet from the property line at any point within six feet of a driveway, except that trees with main stalks or trunks exposed to a height of eight feet above the ground need not be trimmed or cut, unless the trees are determined to constitute a sight restriction to the Director of Development Services.

(Ord. 1655, passed 4-8-1941; Ord. 2273, passed 9-22-1959; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984; Ord. MC-783, passed 5-6-1991; Ord. MC-1027, passed 9-9-1998)

(A) The owner or occupant described in §§ 12.40.110 and 12.40.120 and other property owners fronting any street, sidewalk, parkway, lane, alley, park or other public place shall water, keep, maintain and permit trees, hedges, shrubs or any other growth located thereon in accordance with this chapter and other ordinances of the city or rules and regulations of the Director of Public Services.

(B) Any tree, shrub or palm growing on any parkway or sidewalk which is damaged in violation of § 12.40.110 or any growth of any tree, shrub or hedge or other vegetation which is in excess of the height limits set forth in § 12.40.120, unless otherwise permitted by the Traffic Engineer, is declared a public nuisance, the removal of which is necessary to protect the health and safety of the city’s inhabitants. The Director of Development Services may find and declare the same to be a public nuisance, may order abatement thereof in accordance with the procedure set for abatement pursuant to Chapter 8.30 and may assess costs for the abatement pursuant to Chapter 3.68.

(Ord. 1655, passed 4-8-1941; Ord. 2273, passed 9-22-1959; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984; Ord. MC-783, passed 5-6-1991; Ord. MC-1027, passed 9-9-1998)

Editor’s note:

Ord. MC-1418, passed 10-5-2015 repealed/deleted Chapter 3.68 and stated that any remaining provisions of the municipal code that reference it should now be deemed to instead reference Chapter 8.30, which it also amended.

Any person violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 1885, passed 5-2-1952; Ord. MC-325, passed 12-6-1983; Ord. MC-460, passed 5-15-1985)