Chapter 12.20
TREES AND SHRUBS IN PUBLIC PLACES*
Sections:
12.20.030 Permission to plant trees.
12.20.050 Dangerous trees--Removal or trimming.
12.20.070 Removal or trimming--Notice by superintendent of streets.
12.20.080 Trimming or removal--Permission.
* For statutory provisions on the planting of trees along public streets, see Str. and Hwys. Code §22000 et seq.; for provisions on injuring shade trees and ornamental plants, see Penal Code §622.
12.20.010 Title.
The ordinance codified in this chapter shall be known as the "tree ordinance" and may be cited as such. (Ord. 75 §1, 1955).
12.20.020 Enforcement.
The superintendent of streets, or his duly authorized representative shall be charged with the enforcement of this chapter. (Ord. 75 §2, 1955).
12.20.030 Permission to plant trees.
No trees or shrubs shall hereafter be planted in or removed from any public parking strip of other public place in the city without the permission from the superintendent of streets. (Ord. 75 §3, 1955).
12.20.040 Street tree plan.
All trees and shrubs hereafter planted in any public parking strip or other public place in the city shall conform as to species and location with the recommendation of the Saratoga Horticultural Foundation and to the street tree plan of the city which are made a part of this chapter. (Ord. 75 §3, 1955).
12.20.050 Dangerous trees--Removal or trimming.
Any tree or shrub growing in a parking strip or public place or in private property which is endangering or which in any way may endanger the security or usefulness of any public street, sewer, sidewalk, or the full and safe operation of public utility wires, is declared to be a public nuisance; and the city may remove or trim such trees, or may require the property owner to trim or remove any such tree on private property or on a parking strip abutting upon the owner’s property. Failure of the property owner or his duly authorized agent to remove or trim such tree after fifteen days’ notice by the superintendent of streets shall be deemed a violation of this chapter, and the superintendent of streets may then remove or trim the tree. Nothing contained in this chapter shall be construed as limiting the right of any public utility to remove or trim trees which, in its opinion, endanger the safe operation of its wires, poles and appurtenances. (Ord. 75 §7, 1955).
12.20.060 Prohibited trees.
A. It is unlawful to plant in any public parking strip the following trees: Acacia, Black Walnut, Eucalyptus, Elm, Palm, Poplar, Tree of Heaven, Conifers, Sycamore.
B. It is unlawful to plant Willow, Cottonwood or Poplar trees anywhere in the city unless the superintendent of streets approves the site as one where the roots will not interfere with a public sewer. (Ord. 75 §5, 1955).
12.20.070 Removal or trimming--Notice by superintendent of streets.
The superintendent of streets, or his duly authorized representative may cause to be trimmed, pruned or removed any trees, shrubs, plants or vegetation in any parking strip or other public place; or may require any property owner to trim, prune or remove any trees, shrubs, plants or vegetation in any parking strip abutting upon the owner’s property; and failure to comply therewith after fifteen days’ notice by the superintendent of streets shall be deemed a violation of this chapter. (Ord. 75 §6, 1955).
12.20.080 Trimming or removal--Permission.
No person, firm or corporation shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city without prior permission and approval therefor from the superintendent of streets. The superintendent of streets is authorized to grant such permission in his discretion and where necessary, subject to the condition that the removed tree is replaced by an official tree in conformity with the street tree plan. No such permission shall be valid for a longer period than thirty days after its issuance. (Ord. 75 §9, 1955).
12.20.090 Appeals.
A. Appeals from directions and orders made under the provisions of this chapter may be made by filing written notice thereof with the city clerk within ten days after such direction and order is received, stating in substance that appeal is being made from such direction and order to the city council. The city clerk shall thereupon call such appeal to the attention of the city council at their next regular succeeding meeting, at which meeting the appellant and the superintendent of streets may present evidence. Action by the city council after such hearing shall be conclusive, and in the event the city council shall uphold the decision of the superintendent of streets, the property owner or his duly authorized agent shall have ten days thereafter to comply with such notice.
B. Nothing contained in this section shall be deemed to impose any liability 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 his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley, or public place within the city. (Ord. 75 §8, 1955).
12.20.100 Unlawful acts.
It is a violation of this chapter to abuse, destroy or mutilate any tree, plant, or shrub in a public parking strip or any other public place; or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill, or other things to or on any tree growing in a public place; or to cause or permit any wire charged with electricity to be placed or attached to any such tree; or to allow any gaseous, liquid, or solid substances which are harmful to such trees to come in contact with their roots or leaves. (Ord. 75 §10, 1955).
12.20.110 Violation--Penalty.
Any person, firm, or corporation violating any of the provisions of this chapter or who causes, allows, or permits any violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than fifty dollars, or by jail imprisonment for a period of not more than six months, or by both such fine and imprisonment. (Ord. 75 §11, 1955).