Chapter 17.87 — PUBLIC TREES

The purpose of this chapter is to provide for and protect those trees within the city limits which are located on public lands and identified by the city council as public trees. The city of Crescent City contains species of trees of great beauty and of historic or cultural significance to the community which are located on public lands. Additionally, the city has chosen to place additional trees on public lands for the benefit of all residents and visitors and promotion of the community in general. It is in the public interest and for the public welfare that the city establishes a program which provides for the designation and preservation of public trees in order to maintain the heritage and character of the city of Crescent City as well as preserve the beauty of the community. In doing so it is also the intent of the city to provide for and protect public facilities which also serve the community which may be impacted by such trees.

(Ord. of 2-22-2011(1))

"Street tree" is a tree placed by the city in a specially constructed tree planting well within street right-of-way areas, typically adjacent to the public walkway and/or street curb.

"Community memorial tree" is a tree which is planted on public land, with the permission of the public agency which is the landowner, as a community memorial to a person, persons, and/or event and which is marked at the planting site with a plaque, sign or other identification as a memorial. Memorial plaques shall conform with the standards of Chapter 17.74 Signs.

"Public agency" is the city of Crescent City, County of Del Norte, any federal or state agency, or local district (such as the school district or harbor district) which owns property within the city limits.

(Ord. of 2-22-2011(1))

• A. Designation Criteria. A tree or group of trees shall be designated as a Landmark by action of the city council based upon findings that the designated tree(s) meet the following criteria:

  1. The tree is located upon land owned by a public agency, and

  2. The tree is a species of such height, girth, form or beauty, either individually or as a group, as to be significant or unique in the community, or

  3. The tree is of historic importance to the community, or

  4. The tree has been placed and marked as a Community Memorial tree.

• B. Designated Species. Those trees which have been designated by the city as a species of such height, girth, form and beauty as to be significant and unique in the community include:

  1. Any Monterey Cypress (Cupressus macrocarpa) tree located within the city which are owned by a public agency.

• C. Placement, removal or disturbance of Landmark Trees.

  1. When a species of tree designated herein as a Landmark Tree is planted upon lands within the city limits owned by a public agency it shall be considered a Landmark Tree one year after its planting and be subject to the requirements of this chapter.

  2. Trees planted with the permission of the public agency landowner as a Community Memorial Tree shall be considered Landmark Trees.

  3. Community Memorial Trees shall be placed upon city property only with the approval of the city council. Those individual trees approved by the city for placement on city lands in memory of an individual without a community memorial identification shall not be considered Landmark Trees unless they are of a designated species.

  4. New Landmark Trees should be planted in locations so that, at maturity, their drip line does not encroach upon existing hard surface improvements such as sidewalks or parking lots.

  5. Where preexisting paving, concrete or subsurface improvements are adjacent to a Landmark Tree, repair, replacement and/or upgrade of the improvements may be undertaken, however care shall be taken to preserve the tree substructure as much as feasible.

  6. Where a Landmark Tree is proposed for removal by the public agency which owns it, replacement shall be provided as follows:

     • a. When removed because it is found that the Landmark Tree is a hazard or is dying, one tree of the same species shall be planted in the same vicinity as the removed tree within thirty days of the removal.

     • b. When removed for the purpose of establishment, expansion or maintenance of a public facility, two trees of the same species shall be planted in the same vicinity as the removed tree within thirty days of completion of construction.

  7. It shall be unlawful for any person to break, injure, deface, mutilate, kill, destroy or caused to be removed any tree designated as a Landmark Tree, except where a [duly] appointed representative of the public agency owning such a tree is acting to manage the tree in an acceptable horticultural manner.

• (Ord. of 2-22-2011(1))

• A. It shall be unlawful for any person to break, injure, deface, mutilate kill, destroy or cause to be removed any Street Tree or other tree or vegetation placed by the city as landscaping on public lands, except where a dually appointed representative of the city is acting to manage the tree in an acceptable horticultural manner.

• B. The city Public Works Department shall be responsible for placement, inspection, maintenance, removal, and replacement of Street Trees and other trees or vegetation planted on city lands or within city rights-of-way or easements as public landscaping.

• C. Any persons who intends to plant a tree upon city lands or within city rights-of-way or easements shall apply to the Public Works Department for a permit to do so. The application shall explain what is to be done, the number, kind and location of the trees, and how the tree will be cared for, including any improvements proposed such as irrigation. The Public Works Department may approve or deny any such permit.

• (Ord. of 2-22-2011(1))