Chapter 6.10
STREET TREES*
Sections:
6.10.010 Definitions.
6.10.020 Street tree and planting list.
6.10.030 Street tree planting plans and standards.
6.10.040 Property owner requests.
6.10.050 Street tree maintenance, inspection and removal.
6.10.060 Protection of street trees.
6.10.070 Nonliability of city.
6.10.080 Violations and penalties.
*Cross reference(s) – Department of public works, ch. 2.28; landscaping, ch. 15.07; preservation of trees, § 15.08.240; planting of certain trees prohibited, § 7.04.200.
State law reference(s) – Authority to require landscaping, RCW 35.43.040.
6.10.010 Definitions.
The following words and phrases when used in this chapter, shall have the following meanings unless a different meaning is clearly required by the context:
Director shall mean the director of the parks and recreation department of the city.
Maintain or maintenance shall mean the entire care of trees in planting strips, as well as the preparation of ground, fertilizing, mulching, planting, spraying, trimming, pruning, topping and root control, but not watering, unless specifically so stated.
Planting shall mean planting and replacement in planting strips.
Planting strip shall mean the area available for planting between the street curb, the edge of the traveled portion of roadway and the property line.
(Ord. No. 1703, § 1; Ord. No. 2567, § 2. Formerly Code 1986, § 4.12.010)
Cross reference(s) – Definitions and rules of construction generally, § 1.01.030.
6.10.020 Street tree and planting list.
A. The director shall have full advisory authority as to the selection, planting and maintenance of all trees, plants and shrubs planted and growing upon any and all of the public streets and public planting areas of the city.
B. The director shall approve the official tree planting list and street tree planting plans. The director in evaluating such plans prior to approval shall call upon the resources of the department of public works to furnish him with facts concerning trees and planting strips in the city.
C. The director shall approve or disapprove the adding or removal of trees to the official tree planting list. The list as approved shall be submitted to the city council for its adoption, by resolution, as the official tree planting list of the city which is on file in the city clerk’s office.
D. All new plantings on the streets of the city shall be confined to trees from the latest adopted official tree planting list. Replacement planting may conform to existing trees in the planting strip by approval of the director.
(Ord. No. 1703, § 2; Ord. No. 2567, § 2. Formerly Code 1986, § 4.12.020)
6.10.030 Street tree planting plans and standards.
A. The planting of street trees in the city shall be governed by general and specific tree planting plans approved by the director. The plans shall be based upon the policies indicated in this chapter and upon the following standards:
1. The director shall evaluate types and varieties of trees on the tree planting list and nature of the particular area to be planted and shall determine in his opinion the best tree planting for the area.
2. The director shall approve the general or specific plan. The director, in evaluating the plan prior to approval, may call upon the resources of the department of public works to furnish it with facts concerning the matter.
B. The director shall be guided by and apply the following standards in formulating and approving a street tree plan.
1. Trees listed on the official tree planting list are to be used, except that other trees may be planted on an experimental basis in selected areas with specific approval of the director.
2. The prime purpose of beauty shall always be observed.
3. The location of specific trees shall be at suitable intervals with consideration given to avoiding or minimizing interference by the trees with existing or planned utilities, driveway approaches, street intersections and building exposures.
4. Selection of a particular species of tree for a specific block, street or section of the city shall be based upon the nature of the species and the width of the planting strip, soil conditions, zoning regulations, street patterns, building setbacks, utilities, future underground wiring proposals and availability of the particular species.
(Ord. No. 1703, § 3; Ord. No. 2567, § 2. Formerly Code 1986, § 4.12.030)
6.10.040 Property owner requests.
A. A majority of the abutting property owners in a given block, street or area of the city where tree planting is required may petition for the uniform planting of a tree variety of their own choice. Such petition shall be approved by the director, provided the tree selection is made from the official street tree list and the selection does not conflict with the standards in this chapter.
B. A petition to the director bearing the signatures of not less than ninety (90) percent of the property owners of any block may be filed with the director requesting a change in the variety of trees in the planting strip adjacent to their properties. Such petition shall be approved by the director, provided the tree selection is made from the official street tree list and the selection does not conflict with the standards of KCC 6.10.030. All expenses of such change will be borne by the property owners requesting the change, the work to be done under the supervision of the director.
(Ord. No. 1703, § 4; Ord. No. 2567, § 2. Formerly Code 1986, § 4.12.040)
6.10.050 Street tree maintenance, inspection and removal.
A. It shall be the consistent purpose of the city to provide proper maintenance according to good municipal forestry practices for all trees growing along the city arterials, and in business and industrial districts.
B. It shall be the responsibility of the city to provide preparation of ground, planting, trimming, pruning, topping, root control, and removal of dead or dying trees in residential districts.
C. The director shall conduct a continual inspection program of the trees along the streets of the city. All trees found by the director to be dead, dying or in a dangerous condition likely to cause damage shall be removed. The city at its own cost and expense, and in accordance with the provision of this chapter, will replace all trees so removed.
(Ord. No. 1703, § 5; Ord. No. 2567, § 2. Formerly Code 1986, § 4.12.050)
6.10.060 Protection of street trees.
A. No person shall plant, install or maintain shrubs, low growing trees, vines, fences, signs or stakes or any other object, except temporary protection for newly planted lawns, or cause or create conditions or uneven ground, holes or hazards in planting strips along the streets of the city. When determined by the director that any such plantings or installations are a hazard to the public or detrimental to the approved tree planting plan, the director shall have full authority to cause such hazard or detriment to be removed or eliminated.
B. No person shall, without a written permit from the director, plant, remove, trim, prune or cut any tree between the property line and the curb. Upon permission being granted to any person, the work shall be done under the supervision of the director.
C. No person without lawful authority shall interfere or cause or permit any person to interfere with employees of the city who are engaged in the planting or maintaining, treating or removing of any tree or plant in the planting strips or in the removing of any stone, cement or any substance in any such street, sidewalk, planting strip, alley or other public place.
D. No person shall wilfully injure or destroy any tree on the street or public planting areas of the city by any means.
(Ord. No. 1703, § 6; Ord. No. 2567, § 2. Formerly Code 1986, § 4.12.060)
6.10.070 Nonliability of city.
Nothing in this chapter shall be deemed to impose any liability upon the city, or upon any of its officers or employees. The owner and occupant of any private property shall have the duty to maintain sidewalks, trees and shrubs upon private property, or property under his control including sidewalks and planting strips in front of such private property.
(Ord. No. 1703, § 7; Ord. No. 2567, § 2. Formerly Code 1986, § 4.12.070)
6.10.080 Violations and penalties.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a period of not more than one (1) year, or by both such fine and imprisonment.
(Ord. No. 1703, § 8; Ord. No. 2567, § 2. Formerly Code 1986, § 4.12.080)