[Ord. #148, S1]
This chapter shall hereafter be referred to and cited as the
"Tree Ordinance of the City of Firebaugh, California".
[Ord. #148, S2]
The city councilman who performs the function of park commissioner
or his duly authorized representative shall be charged with the enforcement
of this chapter.
[Ord. #148, S3]
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 park commissioner in writing. With reference to
new trees being planted in any parking strip or other public place,
it shall be the duty of the park commissioner to require all such
new plantings to be in conformity with the general recommendations
of the Saratoga Horticultural Foundation.
[Ord. #148, S4]
It shall be unlawful to plant in any public parking strip the
following trees:
Acacia
Black Walnut
Eucalyptus
Elm
Palm
Poplar
Tree of Heaven
Conifers
Sycamore
It shall be unlawful to plant willow, cottonwood or poplar trees
anywhere in the city unless the public works director approves the
site, in writing, as one where the tree roots will not interfere with
a public sewer.
[Ord. #148, S5]
The park commissioner 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 a parking strip abutting upon the owner's property,
and failure to comply therewith after 15 days' notice by the
park commissioner shall be deemed a violation of this section.
[Ord. #148, S6]
Any tree or shrub growing in a parking strip or any public place
or in private property which is endangering or which in any way endangers
the security or usefulness of any public street, sewer or sidewalk
or the full and safe operation of public utility wires is hereby declared
to be a public nuisance and the city may remove or trim such tree,
or may permit public utility to do so, or may require the property
owner to remove or trim 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 15 days' notice by the park commissioner shall
be deemed a violation of this chapter and the park commissioner may
then remove or trim the tree. Nothing contained herein shall be deemed
to impose any liability upon the city, its officer or employees, nor
to relieve any owner of any private property from the duty to keep
any tree, shrub or plant upon his property under his control in such
condition as to prevent it from constituting a hazard, or an impediment
to travel or passage upon any street, park, pleasure ground, boulevard,
alley or public place within the city.
[Ord. #148, S7]
Appeals from directions and orders made hereunder may be made
by filing written notice thereof with the city clerk within 10 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 the next regular succeeding meeting, at which
meeting the appellant and the park commissioner may present evidence.
Action taken by the city council after such hearing shall be conclusive
and in the event the city council shall uphold the decision of the
park commissioner, the property owner or his duly authorized agent
shall have 10 days thereafter to comply with such notice.
[Ord. #148, S8]
No person 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 the prior
permission and approval therefor from the park commissioner. The park
commissioner is hereby authorized to grant such permission in his
discretion and where necessary, subject to the condition that the
removed tree be replaced by an official tree in conformity with the
general recommendations of the Saratoga Horticultural Foundation.
No such permission shall be valid for a longer period than 30 days
after its date of issuance.
[Ord. #148, S9]
It shall be a violation of this section to abuse, destroy or
mutilate any tree, shrub or plant in 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 leaves
or roots.
