Chapter 6.50
TREES
Sections:
Article I. In General
6.50.010 Purpose of regulations controlling tree removal.
6.50.020 Permits to destroy trees – Required.
6.50.030 Permits to destroy trees – Application, inspection of premises.
6.50.040 Permits to destroy trees – Issuance or denial – Appeals.
6.50.050 Required removal of tree stumps – Stumps declared a nuisance.
6.50.060 Removal of felled trees, slash and debris – Declaration of nuisance.
6.50.070 Christmas trees – Defined.
6.50.080 Christmas trees – Prerequisites to cutting.
6.50.090 Christmas trees – Requirements for transporting.
Article II. Roadside Trees
6.50.120 Administration and enforcement of article.
6.50.130 Permit required to plant, remove, prune, etc., trees.
6.50.140 Removal, pruning, etc., of trees by public utilities.
6.50.150 Persons authorized to do tree work.
6.50.160 Injuring, etc., trees prohibited – Attaching wires, signs, structures, etc., to trees.
6.50.170 Removal of trees, etc., overhanging streets.
For state law as to cutting, removing, injuring, etc., of trees, see Pen. C. § 384a. As to Tree Planting Act of 1931, see Sts. and H.S. § 22000 et seq. As to authority of city to plant shade trees in the streets, etc., see Gov. C. § 40401. As to street trees in planned unit developments, see SLTCC 6.55.360.
Article I. In General
6.50.010 Purpose of regulations controlling tree removal.
In enacting the following sections, the city council finds that the city is situated in a scenic mountain forest area with a reputation as a restful resort community whose economic well-being is primarily dependent upon the attraction of tourists from all parts of the world, that by reason of the rapid growth of the city, certain property owners have cut down great numbers of trees within the city without regard to the beauty of the area, that many lots have been left in an unsightly condition by reason of tree stumps being left visible above ground level, that as a result of such wanton cutting of trees and leaving of stumps much adverse publicity has been received by the city which has adversely affected its image as a tourist attraction with a resultant adverse effect upon the city’s economic well-being; that such adverse publicity will continue unless the cutting of trees within the city is strictly controlled, and that the leaving of slash, debris and felled trees or tree parts creates breeding sites for insects which can infest standing trees.
Therefore, the provisions of the following sections are intended to limit the unnecessary destruction of existing trees on private and public property so as to preserve the natural beauty for which this area is so famed and thus to preserve and protect the prosperity, general welfare and economic well-being of the city and its inhabitants, while at the same recognizing individual rights to develop private and public property in a manner which will not be prejudicial to the public interest. (Ord. 62 § 1; Ord. 193 § 1. Code 1997 § 29-1)
6.50.020 Permits to destroy trees – Required.
No person shall cut down, destroy, remove or move any tree with a trunk diameter of six inches or greater, measured 24 inches above the ground, growing within the city, unless a permit so to do has been obtained from the city manager or his designated representative. (Ord. 62 § 1. Code 1997 § 29-2)
6.50.030 Permits to destroy trees – Application, inspection of premises.
Application for a permit for the removal of a tree shall be made to the city manager in such form and detail as he shall prescribe.
Upon receiving any such application, the city manager or his designated representative shall inspect the premises involved, and the surrounding area, and shall ascertain whether or not the trees can be preserved while permitting a logical and reasonable development of the property in accordance with applicable zoning laws. (Ord. 62 § 1. Code 1997 § 29-3)
6.50.040 Permits to destroy trees – Issuance or denial – Appeals.
A. Following investigation, a permit for the removal of a tree shall be issued, unless the city manager shall find that any such tree is in a reasonably healthy condition and can be preserved while permitting a logical and reasonable development of the property in accordance with applicable zoning laws, or that the public interest will be otherwise unduly prejudiced by the destruction or removal of any such tree, and that the public interest in preservation of any such tree is not outweighed by the individual hardship on the applicant in the event the application is denied. In applying such standards, nothing shall be deemed to prevent the city manager or his designated representative from issuing a permit to destroy or remove part of the trees involved in an application, while denying a permit as to the remainder. As to any permit denied, the city manager shall set forth, in writing, the reasons for the denial.
B. Notwithstanding the provisions of subsection (A) of this section, in any case where the city manager or his designated representative is unable to make the necessary findings as prescribed therein, but does find that it would be otherwise desirable in the public interest that any tree involved in an application be preserved, then in such event the permit may be withheld for a period not to exceed 20 days, during which time the matter may be referred to the city council for consideration of providing compensation to the land owner involved in return for continued preservation and maintenance of the tree.
C. Any person aggrieved by any action of the city manager or his designated representative in denying or issuing any such permit may appeal pursuant to Chapter 2.35 SLTCC. (Ord. 62 § 1; Ord. 1105 § 1 (Exh. B). Code 1997 § 29-4)
6.50.050 Required removal of tree stumps – Stumps declared a nuisance.
No person shall leave any portion of a tree stump visible above the ground for more than 30 days after the tree has been cut. All tree stumps which are visible above the ground level in violation of this section are hereby declared to be nuisances which may be abated in the manner prescribed by law. (Ord. 62 § 1. Code 1997 § 29-5)
6.50.060 Removal of felled trees, slash and debris – Declaration of nuisance.
No person shall leave any felled trees, slash, removed tree limbs, or other portions of any tree on the ground for a period in excess of 30 days. The provisions of this section shall not apply to cut wood; provided, that such cut wood shall not be allowed to rest against or touch any standing tree. Violations of this section are hereby declared to be nuisances which may be abated in the manner prescribed by law. (Ord. 193 § 2. Code 1997 § 29-5.1)
6.50.070 Christmas trees – Defined.
For the purposes of this chapter, the term “Christmas trees” shall mean the top portion of any evergreen tree severed from the remainder of the tree with the intent that such top will be used for decorative purposes. (Ord. 27 § 3. Code 1997 § 29-6)
6.50.080 Christmas trees – Prerequisites to cutting.
No person shall cut any Christmas trees growing upon public land, or upon land not owned by him, in the city from October 15th through December 31st in any year, without having previously filed, with both the sheriff of the county and with the federal forest ranger having jurisdiction of the district in which such Christmas trees are cut, a notice of intention to cut Christmas trees, containing the following:
A. A statement of the approximate number of Christmas trees to be cut.
B. A description of the land upon which such Christmas trees are to be cut.
C. The dates between which such Christmas trees are to be cut.
D. The signature of the person proposing to cut such Christmas trees.
E. The written consent to such cutting dated and signed by the owner of the land upon which such Christmas trees are to be cut or by his duly authorized agent. (Ord. 27 § 3. Code 1997 § 29-7)
6.50.090 Christmas trees – Requirements for transporting.
No person shall transport more than five Christmas trees over any public road in the city, without having in his possession a Christmas tree shipping permit, containing the following:
A. The approximate number of Christmas trees being transported.
B. The dates during which such transporting is authorized.
C. The license number and description of the vehicle upon which such Christmas trees are being transported.
D. The written consent of such transportation dated and signed by the person who cut such Christmas trees.
E. The written authorization for such transportation of Christmas trees dated and signed by a federal forest ranger or peace officer having jurisdiction in the district from which such Christmas trees are to be shipped.
No person shall transport a Christmas tree over any public road in the city from October 15th through December 31st in any year, without having in his possession either the Christmas tree shipping permit required by this section or written consent to such transportation, specifying the number of Christmas trees being transported, the name and address of the transporter and the date upon which such transportation is authorized, dated and signed by the owner of the land upon which such Christmas tree was cut or by his duly authorized agent for that purpose, or by a person lawfully engaged in the business of selling Christmas trees at a fixed place of business specified in such written consent, from whom such Christmas tree was purchased. (Ord. 27 § 3. Code 1997 § 29-8)
Article II. Roadside Trees
6.50.100 Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“City streets or highways” means all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way, or any portion thereof, of the city.
“Owner” means the legal owner of real property fronting on any city street, and any lessee of such owner. (Ord. 37 § 4. Code 1997 § 29-9)
6.50.110 Purpose of article.
It is for the best interests of the city and of the citizens and public thereof that a comprehensive plan for the planting and maintenance of trees in city streets should be developed and established, and this article is adopted for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees. (Ord. 37 § 4. Code 1997 § 29-10)
6.50.120 Administration and enforcement of article.
The director of public works or his duly authorized representative shall be charged with the enforcement of this article.
The director of public works shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the city streets and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and replacement thereof. (Ord. 37 § 4. Code 1997 § 29-11)
6.50.130 Permit required to plant, remove, prune, etc., trees.
No person other than the director of public works or his duly authorized agent or deputy shall cut, trim, prune, spray, brace, plant, move, remove or replace any tree in any city street, or cause the same to be done unless a written permit to do so shall have first been obtained from the director of public works. Any such permit may be declared void by the director of public works if its terms are violated. (Ord. 37 § 4. Code 1997 § 29-12)
6.50.140 Removal, pruning, etc., of trees by public utilities.
Any person doing business as a public utility subject to the jurisdiction of the State Public Utilities Commission may obtain a permit from the director of public works, valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such other acts with respect to trees growing upon the city streets, or which grow upon private property to the extent that they encroach upon such public highways, as may be necessary to comply with the safety regulations of the director of public works and as may be necessary to maintain the safe operation of its business. (Ord. 37 § 4. Code 1997 § 29-13)
6.50.150 Persons authorized to do tree work.
No person other than an owner or public utility may do any act for which a permit is required under SLTCC 6.50.130 except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the director of public works, is qualified for such business and who has obtained a permit to carry on such business in the city from the director of public works permits issued pursuant to this section may be granted for a period of one year from the date of issuance. (Ord. 37 § 4. Code 1997 § 29-14)
6.50.160 Injuring, etc., trees prohibited – Attaching wires, signs, structures, etc., to trees.
No person shall break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree in any city street, nor shall any person place, apply, attach or keep attached to any such tree or to the guard or stake intended for protection thereof any wire, rope (other than one used to support a young or broken tree), sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever, without having first obtained a written permit from the director of public works to do so. (Ord. 37 § 4. Code 1997 § 29-15)
6.50.170 Removal of trees, etc., overhanging streets.
The director of public works may inspect any tree upon, or which overhangs, any city street to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such city street. Any tree or part thereof growing upon private property but overhanging or interfering with the use of any highway that, in the opinion of the director of public works, endangers the life, health, safety or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within 10 days after receipt of written notice thereof from the director of public works, the director of public works shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner. (Ord. 37 § 4. Code 1997 § 29-16)
6.50.180 Appeals.
Any person aggrieved by any act or determination of the director of public works in the exercise of the authority granted in this article may appeal said decision pursuant to Chapter 2.35 SLTCC. (Ord. 37 § 4; Ord. 1105 § 1 (Exh. B). Code 1997 § 29-17)