San Rafael Municipal Code Ch. 11.12 Trees

The public works department shall have supervision over all matters relating to trees now planted or hereafter to be planted in, upon or along the public streets, sidewalks and walkways within the city.

Whenever, by the terms of this chapter, an approval is required or a permit is required for, or a decision made with respect to the performance of any act prior thereto, the approval or permit shall be secured from, and the decisions shall be made by, the public works department.

(Ord. 972 § 1, 1970; Ord. 865 § 1, 1966: Ord. 609).

No tree shall be planted in, upon or along any public street, sidewalk or walkway in the city until such tree shall have been first approved, and the place where it is to be planted designated, and a permit granted therefor, in accordance with the provisions of this chapter.

(Ord. 609).

Trees shall not be planted along sidewalks less than thirty feet apart irrespective of the size of the lot, except as may be authorized by any permit therefor, and as much further apart as may be directed.

(Ord. 609).

No person shall, without a written permit issued pursuant to this chapter, cut, prune, break, injure or remove any living tree in, upon or along any public street, sidewalk or walkway in the city or cut, disturb, or interfere in any way with the roots of any tree in, upon or along any street, sidewalk or walkway, or spray with any chemical or insecticide any tree in, upon or along any public street, sidewalk or walkway, or place any sign, poster, or other fixture on any tree or tree guard, or injure, misuse or remove any device placed to protect any tree in, upon or along any public street, sidewalk, or walkway in the city.

Whenever any tree shall, under the authority of a permit issued therefor under this chapter, be cut down or removed in or from any sidewalk area, its butt and roots shall be dug up and removed, or cut level with the ground, as directed by the public works department.

(Ord. 972 § 2, 1970; Ord. 865 § 2, 1966: Ord. 609).

In the erection or repair of any building or structure, the owner thereof, or the contractor, if the work is being done by contract, shall place such guards around all nearby trees in, upon or along the public streets, sidewalks and walkways within the city as shall prevent injury to them.

(Ord. 609).

No person shall, without written permit attach any electric wire, insulator or any device for the holding of an electric wire to any tree growing or planted in, upon or along the public streets, sidewalks and walkways within the city.

(Ord. 609).

Every person having any electrical conductor running along or through a public street shall temporarily remove the conductor, or conductors, when it is necessary in order to take down or prune any tree located in, upon or along a public street, within twenty-four hours after the service upon the owner of an electrical conductor, or his or its agents, of a written notice from the public works department to remove the conductor, or conductors, or the electricity therefrom.

(Ord. 972 § 3, 1970; Ord. 865 § 3, 1966: Ord. 609).

The provisions of Sections 11.12.030 to 11.12.080, inclusive, shall not be applicable to any employee of the city who is acting within the scope of his employment by the city.

(Ord. 991 § 1, 1970: Ord. 865 § 4, 1966).

No person shall prevent, delay or interfere in the planting, pruning, spraying or removing of any tree located in, upon or along a public street, sidewalk or walkway, or in the removal of stone, cement or other substance about the trunk of any such tree, whether the said work be performed by employees of the city or by any independent contractor, or his employees, engaged by the city to perform such work.

No person shall place within two feet of any existing tree, any paving material, weed killing material or other like substance.

(Ord. 609).

Any violation of the provisions of Sections 11.12.030 to 11.12.090, inclusive, of this chapter, shall, in addition to any other remedy, constitute a public nuisance, and such nuisance may be abated, as provided by law.

(Ord. 991 § 2, 1970: Ord. 609).