Ordinance 1975-13ORDINANCE NO. 75-13
AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER
26 OF THE GILROY CITY CODE RELATING TO TREES.
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS
FOLLOWS:
SECTION I: Chapter 26 of the Gilroy City Code is amended to
read as follows:
CHAPTER 26.
TREES.
26.1. Definitions.
26.2. Purpose.
26.3. Enforcement of chapter.
26.4. Master Tree List -- Composition by
Director; on file with commission;
revisions.
26.5. Same -- Trees which must be Un list.
26.6. Jurisdiction, supervis~pn and controlQ
26.7. Permit -- Required to cut, trim, plant,
etc., trees in public streets.
26.8. Same -- Utilities, etc., shall have permit
to allow maintenance of safe operation;
scope of permit; term.
26.9. Same--Only those qualified may act under
permit; exception; necessary qualifications.
26.10. Same -- Owner to be notified prior to cutting
tree in front of land.
26.11. Inspections to determine hazards, etc., and
public nuisances; owner must remove public
nuisance within time limit.
26.12. Liability of city; owner to properly maintain
trees on his property.
26.13. Appeal from decisions.
26.14. Marring, defacing, ere , trees on private
property.
26.15. Marring, defacing, etc., trees on public
property.
26.16. Tree planting requirements.
26.17. Penalty for violations.
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ORDINANCE NO. 75-13
Sec. 26.1 Definitions.
For the purposes of this chapter the following words
and phrases shall have the meanings respectively ascribed
to them by this section:
Owner. The legal owner of real property fronting on
any street of the city and any lessee of such owner.
Person. Includes lessees, trustees, receivers, agents,
servants, and employees of any person.
Public streets or streets Ail roads, streets, avenues,
boulevards', alleys, parkways a~d public rights of way or
any portion thereof, of the city.
Director. The Director of Parks and Recreation of the
.City of Gil'~oy.
Commission.
City of GYlroy.
The Parks and Recreation Commission of the
See. 26.2
It is for the best interests of the city and of the
citizens and public thereof that a comprehensive plan for
the planting and maintenance of trees in or which may over-
hang public streets within the city should be developed and
established. This chapter, therefore, is for the purpose of
developing and providing for such a plan and program and for
the purpose of establishing rules and regulations relating to
the planting and removal of such trees.
Sec. 26.3 Enforcement of chapter.
The Director of Parks and Recreation shall be charged
with the enforcement of this chapter,
Sec. 26.4 Master Tree List --Composition by Director;
on-~ew--Q-fl-h'~issl0n; ~'evi~tons.- ~-
The Director is hereby charged with the duty of promptly
determining the types and species of trees suitable and desirable
for planting and the areas in which and conditions under which
such trees shall be planted in or which may overhang the public
streets within the city. 'Such determination shall be made by
the Director who shall consult with those familiar with the
subject of such plantings, such as landscape architects,
arborists, nurserymen and park executives. When such deter-
mination has been made the Director shall report his findings
in writing to the commission, which shall make a recommendation
to the city council. When approved by the city council said
report shall be known as the Master Tree List, shall be placed
on file in the office of the commission and shall thereafter
be the official Master Tree List. Revisions or changes in
such Master Tree List may be made from time to time by the
Director in the manner described in this section for the
development, approval and filing of the original Master Tree
List.
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ORDINANCE NO. 75-13
Sec, 26,5 Same -- Trees which must be on list,
All trees hereafter planted in or which may overhang
the public atreets of the city must be on the Master Tree
List, unless a written permit from the Director shall have
first been obtained to plant a tree not on said list. Such
permit may be granted by the Director only upon his obtaining
approval therefor from the commission. It shall be unlawful
to plant any tree except as in this section provided.
Sec~ 26.6 JUrisdicti_o_n, s__qpervision and control ·
The Director shall have jurisdiction and control of the
planting, setting out, location and placement of all trees
in the public streets of the city, and shall likewise have
supervision, direction and control of the 'care, trimming,
removal, relocation and replacement thereof~
Sec. 26.7
Permit -- Required to cut, tK. im, plant,
e.lc., trees in publl-~ streets.
It shall be unlawful and it is'hereby prohibited for any
person other than the Director or his authorized agents or
employees to cut, trim, prune, spray, brace, plant, move,
remove or replace any tree in any public street within the
city or to cause the same to be done, unless and until a
written permit to do so shall have first been obtained from
the Director. Any such permit may be declared void by the
Director if its terms are violated.
Sec. 26.8
Same -- Utilities, etc. shall have permit
t--6--~llow maintenance of ~ o~-~tion.;
'scope o--f Permit; term.
Any person doing business as a public utility subject to
the jurisdiction of the state public utilities commission and
any duly constituted public agency authorized to provide and
providing utility service shall be given a permit from the
Director, valid for one year from the date of issuance, per-
mitting such person to trim, brace, remove or perform such
other acts with respect to trees growing adjacent to the
public streets of the city or which grow upon private property
to the extent that they encroach upon such public streets as
may be necessary to comply with the safety regulations of
such commission and as may be necessary to maintain the safe
operation of its business.
Sec. 26.9 Same -- Only those qualified may act under
permit; ~to-I-6~;necessary qu-'6~lI-f~catlo-~--~s.
No person other than an owner or the city or public
utility may do any act for which a permit is required under
section 26.7 hereof except a person whose principal business
is tree surgery, trimming or maintenance and who, in the opinion
of the Director is qualified for such business and who has
obtained a license to carry on such business in the city from
the director of finance.
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ORDINANCE NO. 75-13
Sec.
Same --Owner be notified prior ,,t°
hutting tY~a "~9'f~ont of:land'.
. Tn __
Before the Director shall consent to the cutting of any
tree or any part thereof, the Director must be satisfied that
the owner of the lot or land on the side of the street immedi-
ately in front of which such tree is growing has received
notice of the intention to cut such tree.
Sec. 26.11 'InsPections to determine hazards, etc.,
and Pub'li'h' nu--fsances;' oWner must r~move
publi6~nuis~nce Withint-~~t~
The Director may inspect any tree adjacent to or over-
hanging any public street in the city to determine whether
the same or any portion thereof is in such a condition as to
constitute a hazard or impediment to the progress or vision
of any one traveling on such public street. Any tree or part.
thereof growing upon private property by overhanging or inter
fering with the use of any street that in the opinion of the
Director endangers the life, health, safety or property of the
public shall be declared a public nuisance. If the owner of
such private property does not correct or remove such nuisance
within ten days after receipt of written notice thereof to do
so from the Director, the Director shall cause the nuisance to
be corrected or removed and the cost shall be assessed to such
owner.
Sec. 26.12 Liability of ci_~z; owner to properly main-
~ain trees--~n nzs p~..~7 '
Nothing contained in the preceding section shall be deemed
to impose any liability upon the city, its officers or employees
nor to relieve the owner of any private property from the duty
to keep any tree upon his'property or under his control in such
a condition as to prevent it from constituting a public nuisance
as defined in this chapter.
Sec. 26.13 Appeal from decisions.
Any person aggrieved by any act of determination of the
Director in the exercise of the authority granted in this
chapter shall have the right to a hearing before the commission
which shall decide the matter, subject to the right of appeal
to the city council, whose decision, after public hearing of
such matter, shall be final and conclusive.
Sec. 26.14
MArring, defacing, ere., trees on private
property.
It shall be unlawful for any person to mar, deface, cut
or in any manner injure or damage any tree growing on private
property within the limits of the city without the consent of
the owner thereof.
ORDINANCE NO. 75-13
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Sec. 26.15 Marring, defacing, .~.tc., trees on
public property.
It shall be unlawful for any person to break, injure,
deface, mutilate, kill or destroy any tree or set fire or
permit any fire to burn where such fire or the heat thereof
will injure any portion of any tree in any public street
or on any public property in the city nor shall any person
place, apply, attach or keep attached to any such tree or
to the guard or stake intended for the protection thereof
any wire, rope other than one used to support a young or
broken tree, sign, paint or any other substance, structure,
thing or device of any kind or nature whatsoever, without
having first obtained a written permit from the Director~
SeC. 26.16 Tree planting requirements.
The planting of trees in subdivisions as required by
Sec. 21.35 shall be administered under the provisions of
this Chapter. The subdivider or developer shall be charged
fees sufficient to defray the actual cost of the City for
time and materiel expended in such plantings.
Sec. 26.17 Penalty for violations.
Any violation of any provision of this Chapter, or
the failure to comply with said provisions~, shall be an
infraction.
SECTION II: Ail other ordinances and parts of ordinances in
conflict herewith are hereby repealed.
SECTION III: This ordinance shall take effect and be in full
force thirty (30) days from and after its adoption and approval.
PASSED AND ADOPTED this 4th day of August, 1975, by the following
AYES:
vote:
NOES:
ABSENT:
COUNCILMEMBERS: CHILDERS, DeBELL, DUFFIN, LINK,
PATE, STOUT and GOODRICH'
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
APPROVED
ATTE S T !:,
.- C!t~ Cler~' '~
ORDINANCE NO. 75-13
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No.75-13 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 4th day of August , 19 75 , at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official~seal of the City of Gilroy, this 6th day of ,,Au~gust
Gi~ty Clerk of the City of Gilroy (~
(Seal)
19 75 mmm.