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HomeMy WebLinkAbout2005-03-15; City Council; 18021; Prohibit Unauthorized Trimming/Cutting City Trees7 CITY OF CARLSBAD - AGENDA BILL - TITLE: AMENDMENT OF CERTAIN SECTIONS OF CHAPTER 11 .I2 TO PROHIBIT INDIVIDUALS FROM UNAUTHORIZED TRIMMING OR CUTTING DOWN CITY TREES DEPT. HD. CITY ATTY. CITY MGR. RECOMMENDED ACTION: Introduce Ordinance No. NS -747 ITEM EXPLANATION: This item is proposed to amend sections of Chapter 11.12. As currently drafted this chapter does not clearly prohibit acts such as cutting, trimming or pruning of City trees without authorization. Code enforcement has encountered difficulty enforcing prohibitions against persons cutting away and topping City trees due to vague language in the municipal code. More defined prohibitions are necessary to allow for the protection and safeguarding of City owned and City street trees. As proposed, these amendments make clear those acts which are prohibited and prevent the unauthorized trimming, pruning or cutting of City trees. FISCAL IMPACT: No fiscal impact is anticipated due to these amendments because staff already enforce these provisions as necessary. No increase in the number of cases or violations is expected. ENVIRONMENTAL REVIEW: CEQA Guidelines section 15308 provides that actions by regulatory agencies to maintain, restore, or enhance the environment, other than construction activities, are exempt where the regulatory process includes procedures to protect the environment. EXHIBITS: 1. Department Contact: Susanne M. Parsons, 434-2891 Ordinance No. NS -747 - ORDINANCE NO. NS- 747 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING CERTAIN SECTIONS OF CHAPTER 11.12 OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT INDIVIDUALS FROM TRIMMING OR CUTTING DOWN TREES The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That section 11.12.030 of the Carlsbad Municipal Code is amended to read as follows: “1 1.12.030 Jurisdiction of public works department. A. The city manager, acting through the public works director or hidher designee, shall exercise exclusive jurisdiction and control over the planting, maintenance, removal and replacement of trees, shrubs or plants in all streets, sidewalks, medians or other public rights-of-way of the city, and shall have such power, authority, jurisdiction and duties as are prescribed in this chapter.’’ SECTION 2: That section 11.12.050 of the Carlsbad Municipal Code is amended to read as follows: “1 1.12.050 Street tree plantincl and maintenance procedures. A. The city manager, acting through the public works director of hidher designee, shall develop and implement policies and standards for street tree planting and maintenance required of all tree planting and maintenance throughout the city.” SECTION 3: That section 11.12.080.A. of the Carlsbad Municipal Code is amended to read as follows: “A. No person shall remove, trim, prune or cut any street tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other public right-of- way of the city.” SECTION 4: That section 11.12.080.D. of the Carlsbad Municipal Code is amended to read as follows: Ordinance No. NS -747 Page 1 of 3 “D. No person shall trim, cut, prune, injure or remove by any means any tree, shrub or plant growing in any street, sidewalk, median or other public right-of- way of the city.” SECTION 5: That section 11.12.090 (title) and section 11.12.090.B. of the Carlsbad Municipal Code is amended to read as follows: “1 1.12.090 Permits reauired for tree removal and maintenance. B. Permits for removal or maintenance. Except as otherwise provided in this chapter, pruning, cutting, trimming or removing any street tree in the city shall require a permit issued by the city manager, acting through the public works director or hidher designee.” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 15th day of MARCH , 2005, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2005, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Ordinance No. NS -747 Page 2 of 2 3 “1 1.12.030 Jurisdiction of public works department. A. The city manager, acting through the public works director or hidher designee, shall exercise exclusive jurisdiction and control over the planting, maintenance, removal and replacement of trees, shrubs or plants in all streets, sidewalks, medians or other public rights-of-way of the city, and shall have such power, authority, jurisdiction and duties as are prescribed in this chapter.” “1 1.12.050 Street tree plantinn and maintenance procedures. A. The city manager, acting through the public works director of hidher designee, shall develop and implement policies and standards for street tree planting and maintenance as cw required of all tree planting and maintenance throughout the city.” .. .. “1 1.12.080.A. No person shall remove, trim, prune or cut any street tree, shrub or plant now or hereafter growing in any street, sidewalk, median or other public right-of-way of the city e Ta re n4 “I V.” “1 1.12.080.D No person shall wi+h+ly trim, cut, prune, injure clt&gtm by any means any tree, shrub or plant growing in any or remove street, sidewalk, median or other public right-of-way of the city.” “1 1.12.090 Permits required for tree removal and maintenance. B. Permits for removal or maintenance. Except as otherwise provided in this chapter, pruning, cuttina, trimming or removing any street tree in the city shall require a permit issued by the city manager, acting through the public works director or hidher designee.”