Chapter 12.36
TREES AND SHRUBBERY
Sections:
12.36.020 Cutting trees or shrubs without filing notice of intent.
12.36.030 Transporting trees or shrubbery without a permit.
12.36.040 Sheriff to furnish forms.
12.36.050 Consent, permits and certificates to be displayed.
12.36.010 Definitions.
The following words and phrases, when used in this chapter, shall be construed to have the following meaning:
A. "Cut" means and includes sever, break or uproot.
B. "Shrubs" means any portion of any evergreen shrub or the berries or flowers thereof, including mistletoe, growing in the county.
C. "Tree" means any portion of any evergreen tree, including the branches thereof, growing in the county, severed from the remainder thereof with the intent of selling or using the same for decorative purposes. (Ord. 290 §1, 1957).
12.36.020 Cutting trees or shrubs without filing notice of intent.
It is unlawful for any person to cut any tree or shrub, or any portion thereof, growing upon public land, or upon land not owned by him in the unincorporated territory of Amador County, without having previously obtained and having in his immediate possession written permission for such cutting, dated and signed by the owner of the land upon which such trees or shrubs are growing, or by his or its duly authorized agent, and it is unlawful to cut more than five such trees or more than one hundred pounds of such shrubbery without having previously filed with both the sheriff of Amador County and with the Federal or State Forest Ranger or Peace officer having jurisdiction of the district in which such trees or shrubs are cut, a notice of intention to cut such trees or shrubbery containing the following:
A. A statement of the approximate number and quantity of trees or shrubbery to be cut;
B. A general description of the land upon which such trees or shrubbery are to be cut;
C. The approximate dates between which such trees or shrubbery are to be cut;
D. The signature of the person proposing to cut such trees; and
E. The written consent to such cutting, dated and signed by the owner of the land upon which such trees or shrubbery are to be cut or by his or its duly authorized agent. (Ord. 290 §2, 1957).
12.36.030 Transporting trees or shrubbery without a permit.
It is unlawful for any person to transport trees or shrubbery for sale or use for decorative purposes over any public road in Amador County without having in his immediate possession a tree or shrubbery shipping permit which shall consist of any of the following instruments:
A. A sales slip containing the signature and address of a person engaged in the business of selling trees or shrubbery; the number of trees and the amount of shrubbery sold; the name of the grower of such trees and shrubbery, and the name, address and signature of the purchaser;
B. A certificate containing the signature and address of any person giving or donating the trees or shrubbery; the number of trees and the amount of shrubbery given or donated; the name of the grower and the signature and the address of the donee; or
C. A tree and shrubbery shipping permit containing the following:
1. The approximate number of trees or amount of shrubbery being transported and the name and address of the shipper,
2. The dates between which such transportation is authorized,
3. The license number and description of the vehicle upon which such trees or shrubbery are being transported,
4. The written consent to such transportation, dated and signed by the person who cut such trees or shrubbery,
5. The written authorization for transportation of such trees or shrubbery, dated and signed by the owner of the land from which such trees or shrubbery were cut, and a Federal or State Forest Ranger or Peace Officer having jurisdiction in the district from which such trees or shrubbery are to be transported. (Ord. 290 §3, 1957).
12.36.040 Sheriff to furnish forms.
The sheriff of the county shall furnish all necessary forms to all applicants therefor for cutting and shipping permits, receipts and certificates required under Sections 12.36.020 and 12.36.030 of this chapter. (Ord. 290 §4, 1957).
12.36.050 Consent, permits and certificates to be displayed.
All permits, instruments, sales slips and authorizations mentioned in this chapter shall be kept in the immediate possession of the licensee while he is cutting, shipping or transporting any tree or shrubbery covered by any provision of this chapter and shall be displayed upon demand of any peace officer enforcing any provision hereof. (Ord. 290 §5, 1957).
12.36.060 Violation--Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the Amador County jail for a term not to exceed six months, or by both such fine and imprisonment. (Ord. 290 §7, 1957).