O2388Council Meeting: January 10, 2012
California
ORDINANCE NUMBER 2388 (CCS)
(City Council Series)
Santa Monica,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA
AMENDING CHAPTER 7.40 OF THE SANTA MONICA MUNICIPAL CODE
RELATED TO COMMUNITY FOREST REGULATIONS
WHEREAS, the City consists of just eight square miles of coastal land
which is home to 90,000 residents, the job site of 300,000 workers, and a
destination for as many as 500,000 visitors on weekends and holidays; and
WHEREAS, the City's coastal setting and its physical beauty offer an
enviable quality of life to those who live, work and visit here; and
WHEREAS, the City's community forest significantly contributes to the
City's physical beauty; and
WHEREAS, the City's community forest has grown into a complex
ecosystem that requires ongoing maintenance and attention; and
WHEREAS, the health, safety and general welfare of the public and the
conservation and protection of the natural resources of the City and their
values necessitate the implementation of regulations to guide the planting,
maintenance and removal of public trees; and
WHEREAS, improper pruning or care can lead to insect infestation, disease, and
even death of public trees; and
WHEREAS, improper planting and maintenance of public trees could cause
damage to utilities, sidewalks, roadways and adjacent properties; and
WHEREAS, A well- managed community forest provides benefits to all the
citizens of the community with respect to air quality, water quality, storm water
management, temperature amelioration, community aesthetics and general quality of
life; and
WHEREAS, A healthy community forest enhances local commercial and
residential property values.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 7.40.001 of the Santa Monica Municipal Code is hereby
added to read as follows:
7.40.001 Purpose and Construction.
The purpose of this Chapter is to protect trees on public property within the City.
Nothing in this Chapter shall be construed to limit the City's discretion or ability to plant,
maintain, or remove public trees.
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Section 2. Section 7.40.010 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.40.010 Definitions.
For the purposes of this Chapter, whenever the following words or phrases are
used, the intent and meaning shall be interpreted as follows:
(a) Diameter at Standard Height (DSH). The diameter of a tree measured at
four (4) feet six (6) inches above finish grade.
(b) Director. The Director of Community and Cultural Services, or the person
acting in such a capacity.
(c) Parkways. That portion of a public street right -of -way lying between the
curb and sidewalk.
Section 3. Section 7.40.020 of the Santa Monica Municipal Code is hereby
repealed.
Section 4. Section 7.40.030 of the Santa Monica Municipal Code is hereby
repealed.
Section 5. Section 7.40.040 of the Santa Monica Municipal Code is hereby
repealed.
Section 6. Section 7.40.050 of the Santa Monica Municipal Code is hereby
repealed.
Section 7. Section 7.40.060 of the Santa Monica Municipal Code is hereby
repealed.
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Section 8. Section 7.40.070 of the Santa Monica Municipal Code is hereby
repealed.
Section 9. Section 7.40.080 of the Santa Monica Municipal Code is hereby
repealed.
Section 10. Section 7.40.090 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.40.090 Responsibility of Director.
It shall be the duty of the Director to supervise the planting, trimming, pruning,
maintenance, removal, and care for all trees, shrubs, or plants located in any street,
sidewalk, parkway, alley or other public property within the City.
Section 11. Section 7.40.100 of the Santa Monica Municipal Code is hereby
repealed.
Section 12. Section 7.40.110 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.40.110 Permit requirements.
(a) No person shall remove, cut, trim, prune, plant, injure, or interfere with any
tree, shrub, or plant upon any street, sidewalk, parkway, alley or other public property
without having first obtained a City permit authorizing such work. The permit may be
granted on the condition that the owner or authorized representative bears the cost of
the permitted work and on the condition that the owner or authorized representative
bear the cost of replanting any tree, shrub, or plant. The permit shall become void
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unless work is completed within thirty (30) calendar days from the date of issuance of
the permit. The time for completion of the work required by the permit may be extended
by the Director if the applicant can demonstrate that continued delay:
(1) presents no health or safety hazard; and
(2) will not create any unreasonable aesthetic impact to the neighborhood or
substantial economic detriment to neighboring property owners.
(b) The Director may require the posting of a cash deposit or bond in an amount
sufficient to secure the completion of the work, and to indemnify the City against any
damages to public property arising from the exercise of rights granted under the permit
and to include the cost of inspection.
Section 13. Section 7.40.120 of the Santa Monica Municipal Code is hereby
repealed.
Section 14. Section 7.40.130 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.40.130 Interference with administration.
No person shall interfere with any City employee or City contractor engaged in:
a) planting, maintaining, or removing any tree, shrub, or plant on public
property, or
b) installing, maintaining or removing any stone, cement, or other substance
from the area immediately adjacent to any tree, shrub, or plant on public property.
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Section 15. Section 7.40.140 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.40.140 Intentional damage.
(a) No person shall cause or authorize any brine water, oil, liquid dye, or other
substance deleterious to tree life, to lie, leak, pour, flow or drip upon or into the soil
about the base of any tree, shrub, or plant in any street, sidewalk, parkway, alley or
other public property within the City, or onto any sidewalk, gutter, road, or pavement
within the City at a point from which such substance may harm or kill any such tree,
shrub, or plant.
(b) No person, without the approval of the Director, shall place or maintain
any stone, cement or other substance on any sidewalk, street, parkway, alley or other
public property so that it impedes the free access of water or air to the roots of any
public tree or otherwise harm the health of the public tree.
(c) No person, without the approval of the Director, shall attach or keep
attached any wire, rope, swing, or any other object to any public tree.
(d) No person shall plant or permit to grow any vine or planting that would
interfere with the growth or maintenance of any public tree.
Section 16. Section 7.40.150 of the Santa Monica Municipal Code is hereby
repealed.
Section 17. Section 7.40.160 of the Santa Monica Municipal Code is hereby
amended to read as follows:
7.40.160 Protection of trees.
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During the erection, repair, alteration or removal of any building, house, or
structure in the City, any person in charge of such work shall protect any tree, shrub or
plant in any street, sidewalk, parkway, alley or other public property within the City in the
vicinity of such building or structure with sufficient guards or protectors as to prevent
injury to said tree, shrub or plant arising out of or by reason of said erection, repair,
alteration or removal. The Director may promulgate regulations detailing the scope of
protections necessary to achieve the purpose of this Section.
Section 18. Section 7.40.170 of the Santa Monica Municipal Code is hereby
repealed.
Section 19. Section 7.40.180 of the Santa Monica Municipal Code is hereby
added to read as follows:
7.40.180 Enforcement and penalties.
(a) Criminal Penalty. Any person violating any provision of this Chapter,
including any regulation lawfully promulgated pursuant to this Chapter, shall be guilty of
an infraction, which shall be punishable by a fine not exceeding two hundred fifty ($250)
dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one
thousand ($1000) dollars, or by imprisonment in the County Jail for a period not
exceeding six months or by both such fine and imprisonment.
In addition, in any case involving the destruction, defacing, removal or injury to
any public tree, the court may require restitution in an amount necessary to reimburse
the City for the value of the items or material destroyed, defaced, removed or damaged
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as well as any labor necessary to replant, restore, and cultivate the area, item or
material affected.
(b) Civil Action. The City Attorney may enforce the provisions of this Chapter by
means of a civil action.
(c) Any person who violates any provision of this Chapter shall be subject to
administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of
this Code.
(d) Nonexclusive Remedies and Penalties. The remedies provided in this
Chapter are not exclusive, and nothing in this Chapter shall preclude any person from
seeking any other remedies, penalties or procedures provided by law.
Section 20. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 21. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
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Section 22. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
M RSHA JONES MC TRIE
Cit Attorgy
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Approved and adopted this 10th day of January, 2012.
Richard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson - Warren, Acting City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2388 (CCS) had its introduction
on December 13, 2011, and was adopted at the Santa Monica City Council
meeting held on January 10, 2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2388 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Denise Anderson - Warren, Acting City Clerk