Chapter 12.20 STREET TREES

No trees or shrubs shall hereafter be planted in or removed from any public parking strip or other public place in the city without permission from the street tree committee. [Ord. 366 § 2, 1982].

12.20.030 Definitions of general terms.

“Park trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

“Street trees” are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the city. [Ord. 366 § 3, 1982].

12.20.040 Creation and establishment of a Tree City committee.

There is hereby created and established a branch of the parks and recreation committee known as the Tree City committee. [Ord. 23-418-O § 50; Ord. 366 § 4, 1982].

12.20.050 Compensation.

Members of the committee shall serve without compensation. [Ord. 366 § 5, 1982].

12.20.060 Duties and responsibilities.

Committee members should be available for consultation and advice in the planting and care of trees on city property. This committee shall assist city staff in completing annual Tree City, USA reporting requirements. This committee serves as an advisory committee to the public works director and other staff assigned to the Tree City, USA reporting program. This committee shall have no authority to award contracts, employ contractors, dispose of city assets, nor accept new assets on behalf of the city. This committee is an advisory committee to staff. [Ord. 23-418-O § 51; Ord. 366 § 6, 1982].

12.20.070 Street tree species to be planted.

A list of acceptable species for Rogue River, Oregon, shall be compiled by the Tree City, USA committee. [Ord. 23-418-O § 52; Ord. 366 § 7, 1982].

12.20.080 Spacing.

The spacing of street trees will be in accordance with the sizes and classes in the list of acceptable species, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect. [Ord. 366 § 8, 1982].

12.20.090 Distance from curb and sidewalk.

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the sizes and classes in the list of acceptable species, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet. [Ord. 366 § 9, 1982].

12.20.100 Distance from street corners and fireplugs.

No street tree shall be planted closer than 35 feet to any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet to any fireplug. [Ord. 366 § 10, 1982].

12.20.110 Utilities.

No street trees other than those species listed as small trees in the list of acceptable species may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility. [Ord. 366 § 11, 1982].

12.20.120 Public tree care.

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. [Ord. 23-418-O § 53; Ord. 366 § 12, 1982].

12.20.130 Tree topping.

It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree, or other tree on public property. “Topping” is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the street tree committee. [Ord. 366 § 13, 1982].

12.20.140 Pruning, clearance.

Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. [Ord. 87-155-O § 1; Ord. 366 § 14, 1982].

12.20.150 Dangerous trees a nuisance – Summary powers to remove same.

The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.

The city shall have the right to cause the removal of any dead or diseased trees growing in a parking strip or any public place, or on private property when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city.

The city may remove or trim such tree, or may require the property owner to remove or trim any such tree on private property, or in a parking strip abutting upon said owner’s property. Failure of the property owner to remove or trim such tree within 30 days after receiving notice by the city recorder shall be deemed a violation of this chapter, and the public works department may then remove or trim said tree and lien the costs against the property. [Ord. 366 § 15, 1982].

12.20.160 Appeals.

Appeals from orders made hereunder may be made by filing written notice thereof with the city recorder within 10 days after such order is received, stating in substance that appeal is being made from such order to the city council. The recorder shall thereupon call such appeal to the attention of the city council at the next regular succeeding meeting, at which meeting the appellant and the public works director may present evidence. Action taken by the city council after such hearing shall be conclusive. [Ord. 366 § 16, 1982].

12.20.170 Abuse or mutilation of trees.

It shall be a violation of this chapter to abuse, destroy, or mutilate any tree, shrub, or plant in a public parking strip or any other public place, or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill, or other thing to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid, or solid substance which is harmful to such trees to come in contact with their roots or leaves. [Ord. 366 § 17, 1982].

12.20.180 Removal of stumps.

All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. [Ord. 366 § 18, 1982].

12.20.190 Interference with Tree City committee.

It shall be unlawful for any person to prevent, delay or interfere with the Tree City committee or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter. [Ord. 366 § 19, 1982].

12.20.200 Arborist’s license and bond.

It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the city without first applying for and procuring a license. The license fee shall be in accordance with the city business license fee schedule and must be paid in advance; provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued each applicant shall first file evidence of possession of liability insurance in the minimum amount of $2,000,000 liability insurance indemnifying the city of Rogue River. [Ord. 23-418-O § 54; Ord. 366 § 20, 1982].

12.20.210 Review by city council.

The city council shall have the right to review the conduct, acts and decisions of the street tree committee. Any person may appeal from any ruling or order of the street tree committee to the city council, who may hear the matter and make final decision. [Ord. 366 § 21, 1982].

12.20.220 Penalty.

Any person violating any provision of this chapter shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $1,000. [Ord. 23-418-O § 55; Ord. 366 § 22, 1982].