SEC. 5-023. THE DIRECTOR OF PARKS AND RECREATION OR A DESIGNATED REPRESENTATIVE TO CONTROL PLANTING, LOCATION, TRIMMING, ETC., OF TREES AND SHRUBS:
The Director of Parks and Recreation or a designated representative shall have supervision, direction and control of the planting, setting out, location, placement, care, trimming, removal, relocation and replacement of all trees or shrubs in street rights-of-way, public utility easements adjacent to street rights-of-way, parks and other public places owned or controlled by the City of Stockton.
(Amended by Ordinance 032-02C.S. Effective August 1, 2002) (Amended by Ordinance 019-93C.S. Effective July 29, 1993)
SEC. 5-023.1. PERMIT REQUIRED FOR PLANTING, REMOVING, PRUNING, ETC., OF ANY TREE OR SHRUB:
It shall be unlawful for any person, including any utility company operating under a franchise granted by the City of Stockton, to trim, prune, plant, remove, replace or relocate any tree or shrub in any street right-of-way, public utility easement adjacent to street right-of-way, park or other public place owned or controlled by the City of Stockton without first obtaining a permit therefor from the Director of Parks and Recreation or a designated representative. Any such permit granted by the Director of Parks and Recreation or a designated representative shall expire thirty (30) days after the date of issuance.
(Amended by Ordinance 032-02C.S. Effective August 1, 2002) (Amended by Ordinance 019-93C.S. Effective July 29, 1993) (Amended by Ordinance 007-90C.S. Effective April 26, 1990)
SEC. 5-023.2 REQUESTS FOR PERMISSION TO REMOVE, CUT, TRIM OR PRUNE TREES OR SHRUBS TO BE IN WRITING, STATE REASONS, ETC.:
A. All requests for permission to remove, cut, trim or prune any tree or shrub in any street right-of-way, public utility easement adjacent to street right-of-way, park or other public place owned or controlled by the City of Stockton, shall be in writing, addressed to the Director of Parks and Recreation or a designated representative and shall clearly state the reasons for such request. The Director of Parks and Recreation or a designated representative upon approval of the request, may either cause the tree or shrub to be removed, cut, trimmed or pruned by the City of Stockton or may grant permission to the applicant to cause the same to be removed, cut, trimmed, or pruned under the direction and supervision of the Director of Parks and Recreation or a designated representative.
B. Whenever any such tree or shrub is removed, cut, trimmed or pruned solely for the benefit of the applicant and the tree or shrub is removed, cut, trimmed or pruned by the City of Stockton, the cost of such removal shall be borne by the applicant.
C. The Director of Parks and Recreation or a designated representative shall base the decision as to whether or not the tree or shrub should be removed, cut, trimmed or pruned upon one or more of the following reasons:
1) Structural weakness.
2) Disease and/or insect infestation.
3) Destructive root system causing excessive damage to public and/or private improvements.
4) Obstruction to a driveway or entrance-way.
5) Interference with the normal use and enjoyment of public and/or private property
6) When an encroachment permit has been issued by the Department of Public Works for sidewalk and curb improvements.
7) To permit house moving.
8) New construction.
(Amended by Ordinance 032-02C.S. Effective August 1, 2002) (Amended by Ordinance 019-93C.S. Effective July 29, 1993)
SEC. 5-023.3. INTERFERENCE WITH THE DIRECTOR OF PARKS AND
RECREATION OR A DESIGNATED REPRESENTATIVE:
No person shall interfere with the Director of Parks and Recreation, or persons acting under the Director’s authority, while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree or shrub, or any part thereof, in any street right-of-way, public utility easement adjacent to street right-of-way, park or other public place owned or controlled by the City of Stockton.
(Amended by Ordinance 032-02C.S. Effective August 1, 2002) (Amended by Ordinance 019-93C.S. Effective July 29, 1993)
SEC. 5-023.4. SUBSTANCES DELETERIOUS TO TREES OR SHRUBS PROHIBITED:
No person shall allow, cause, authorize or procure any brine, oil, liquid or other substance, deleterious to the life of any tree or shrub, to lie, leak, pour, flow or drip upon or into the soil around the base of any tree or shrub in any street right-of-way, public utility easement adjacent to street right-of-way, park or other public place owned or controlled by the City of Stockton, or onto any sidewalk, road, pavement or other improvement, within a street right-of-way, public utility easement adjacent to street right-of-way, park or other public place owned or controlled by the City of Stockton, at a point from which such substances may, by lying upon or by flowing, dripping or seeping into such soil, injure any such tree or shrub.
(Amended by Ordinance 019-93C.S. Effective July 29, 1993)
SEC. 5-023.5. PROHIBITION AGAINST ATTACHING ROPES, WIRES, SIGNS, ETC., TO TREES OR SHRUBS:
No person shall attach or cause to be attached to any tree or shrub, or the guard or stake intended for the protection thereof, in any street right-of-way, public utility easement adjacent to street right-of-way, park or other public place owned or controlled by the City of Stockton, any wire, rope, sign or other objects and/or devices.
(Amended by Ordinance 019-93C.S. Effective July 29, 1993)
SEC. 5-023.6. PROTECTION OF TREES AND SHRUBS DURING CONSTRUCTION WORK:
During the erection, repair or alteration of any building or structure, any tree or shrub in any street right-of-way, public utility easement adjacent to street right-of-way, park or other public place owned or controlled by the City of Stockton, in the vicinity of such building or structure, shall be provided with adequate protection so as to prevent injury or damage thereto, while any such construction work is being performed.
(Amended by Ordinance 019-93C.S. Effective July 29, 1993)
SEC. 5-024. OFFICIAL STREET TREE PLANTING LIST:
The Director of Parks and Recreation or a designated representative shall compile an Official Street Tree Planting List for the City of Stockton. This Official Street Tree Planting List shall be based upon a determination by the Director of Parks and Recreation or a designated representative of the types and species of trees and shrubs suitable and desirable for planting, and the area in which and conditions under which such trees and shrubs shall be planted in street rights-of-way, public utility easements adjacent to street rights-of-way, parks or other public places owned or controlled by the City of Stockton.
All trees or shrubs hereafter planted in street rights-of-way, public utility easements adjacent to street rights-of-way, parks or other public places owned or controlled by the City of Stockton shall be in accordance with the Official Street Tree Planting List, as revised from time to time, by the Director of Parks and Recreation or a designated representative.
(Amended by Ordinance 032-02C.S. Effective August 1, 2002) (Amended by Ordinance 019-93C.S. Effective July 29, 1993)
SEC. 5-024.1. THE DIRECTOR PARKS AND RECREATION OR A DESIGNATED REPRESENTATIVE TO PROMULGATE RULES AND REGULATIONS:
The Director Parks and Recreation or a Designated Representative shall prepare or cause to be prepared a set of rules and regulations supplementing the provisions herein for the planting, trimming, care and removal of trees in street of rights-of-way, public utility easements adjacent to street rights-of-way, parks or other public places owned or controlled by the City of Stockton. A copy of these rules and regulations shall be filed with the City Clerk.
(Amended by Ordinance 032-02C.S. - Effective August 1, 2002) (Amended by Ordinance 019-93C.S. - Effective July 29, 1993) (Added by Ordinance 530C.S. - Effective Dec. 8, 1960)
SEC. 5-024.2. REPLACEMENT:
Any person who removes any tree or shrub in any street right-of-way, public utility easement adjacent to street right-of-way, park or other public place by permit or otherwise, shall replace them on a one by one basis at the discretion of the Director Parks and Recreation or a Designated Representative. The size of the replacement tree or shrub shall be determined by the Director Parks and Recreation or a Designated Representative based on the size of the tree or shrub that is removed. If possible, the replacement tree or shrub shall be planted on the same parcel as the trees or shrubs that were removed. If that is not possible, the replacement tree or shrub shall be planted in a City park or some other suitable location as determined by the Director Parks and Recreation or a Designated Representative. All fines collected for violation of Section 5-023.1 shall be used to purchase and plant replacement trees and shrubs.
(Amended by Ordinance 032-02C.S. - Effective August 1, 2002) (Amended by Ordinance 019-93C.S. - Effective July 29, 1993) (Added by Ordinance 007-90C.S. - Effective April 26, 1990)