ORDINANCE REPEALING CHAPTER 6 OF ARTICLE V11 OF THE DOWNEY MUNICIPAL CODE AND ADDING A NEW CHAPTER 6 ("STREET TREE PRESERVATION AND PROTECTION") TO ARTICLE VII ("STREETS AND PUBLIC WORKS") MAY 10, 2022
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need to be updated to align with the goals, strategies, policies and maintenance procedures of the UFMP and STMP.
Attached is an updated and more comprehensive ordinance that will allow the City to more effectively preserve and protect street and median trees that are of aesthetic, economic and environmental importance to the City's urban forest.
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• Criteria for allowed trees
• Tree planting/staking standards and specifications
• Guidelines for containerized stock
• Maintenance/pruning guidelines and cycles
• Updated street, sidewalk and utility clearance guidelines • Tree removal guidelines
• Protective measures for trees during development/construction • Penalties related to street tree damage or unauthorized street tree removal Staff recommends that the City Council repeal Chapter 6 of Article VI I of the DMC and replace it in its entirety with a new Chapter 6, "Street Tree Preservation and Protection" added to Article VII, "Streets and Public Works" of the DMC.
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FISCAL IMPACT:
There is no financial impact associated w&
implementing the Street Tree Preservation and
Works Department operating budget.
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WHEREAS, the City of Downey considers trees an essential part of the community thal provide long-term environmental as well as aesthetic benefits to the community and its residents; and
WHEREAS, the City of Downey considers management of its urban forest critical for the long-term benefit of current and future generation of its residents; and WHEREAS, on March 23, 2021, the City Council adopted Resolution No. 21-8008 adopting the City's Urban Forest Management Plan and Street Master Plan to provide guidelines for a more consistent and uniform tree canopy Citywide, help mitigate the spread of tree -related diseases or infestations, improve efficiencies for tree selection and planting and schedule tree trimming cycles based on trees species rather than rotating grids to accomplish long-term goals to manage the urban forest.
WHEREAS, a revised street tree ordinance and related policies are necessary to update tree opplantin standards identi
h-ex1fto fy tree care and maintenance best management practice& - establish regular tree trimming cycles and pest control and recommend optimum tree removal and replacement cycles.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6 of Article V11 of the Downey Municipal Code is hereby repealed in its entirety and a new Chapter 6, "Street Tree Preservation and Protection" is added to Article V11, "Streets and Public Works" of the Downey Municipal Code to read as follows:
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natural resource and they are essential to public peace, health, and welfare that such trees be protected from unlawful removal, trimming, vandalism or damage.
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SECTION 7601. DEFINITIONS
For the purpose of this chapter, certain terms and words are hereby defined as follows:
(a) "Certified Arborist" means an arborist who has passed an independent exaM administered by the International Society of Arboriculture and maintains the credenti • continuing education.
(b) "City tree" means a tree planted or caused to be planted by the City within the Ci right-of-way or City -owned or -maintained property.
(c) "Director" means the Director • Public Works or designee. (d) "Maintenance" means upkeep and care of City trees located within the City street righ • City parks and City facilities and •- scheduled trimming, period inspections, spraying for arboreal pests to maintain the tree's health. (e) "Median" means a barrier, constructed of concrete, asphalt, or landscaping th separates two directions of traffic.
(f) "Native Tree" means Trees indigenous to a region. Naturally occurring and n introduced by man.
(g) "Parkway" means either the area between the curb and sidewalk within a fully improv street right-of-way, or that area extending from the curb towards the nearest parall I k • r a ny a rea wit h i n a street ri a-h1--of a,
a •.. tree is located.
(h) "Property Owner" means any person(s) or public entity shown as the owner of land c the latest Tax Assessor's rolls or otherwise known to be the owner of land by Title/Deed (i) "Removal" means the uprooting, cutting, or severing of the main trunk of the tree, any act which causes the tree to • within six • months. 0) "Shrub" means woody vegetation of a woody plant having multiple stems and bearin foliage from the ground level up.
(k) "Street Right -of -Way" means the entire area between property lines on any publi •: whether owned • the City • dedicated to the public for the purpose • travel. (1) "Street Tree" means trees planted or approved for planting by the City located withi the street right-of-way.
(m) "Tree" means any woody plant, including a palm, which has the potential of attainin a minimum height of fifteen (15) feet and has its canopy of foliage borne normally on single trunk.
(n) "Tree Canopy" means the extent of the outer layer of leaves of an individual tree or group • trees.
• "Tree Well" means a planting area found in an otherwise paved • concrete street righ •
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(p) "Urban Forest" means all of the trees, both public and private, in the urban environment.
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Street Tree Master Plan (STMP).
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following criteria:
(a) Species hardiness. Based upon the tree's adaptability to the region in terms of ii resistance to frost, freezing temperatures and heat.
• Drought tolerance. Species with the ability to withstand long periods • drought a - preferred.
(c) Durability and wind resistance. Species that are not brittle in nature and will tolera - the •.
• Grow space. The • • parkway size available relative to the expected tree tru circumference • root flare at maturity.
(e) Overhead clearance. The potential for conflicts between the tree's canopy a overhead obstructions, such as utility lines at the tree's mature height. are preferred.
(g) Subsurface growth habits. Species that do not tend to surface root or have a hi potential to damage infrastructure.
(h) Tolerance to a variety of irrigation practices. Species that will tolerate long periods drought or abundant moisture are preferred.
(i) Soil qualities. Species that will tolerate the area's soil conditions are preferred. 0) Cleanliness. Species that do not have an overabundance of fruit or flower litter a preferred.
(k) Species selection. Species are selected with regard to the maintenance districts identified in the Urban Forest Management Plan and Street Tree Master Plan. Speci that already exist in a particular area may be planted in said area at the discretion of th- Director.
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said tree(s). It shall be the objective of the City to plant trees at viable vacant sites located in the street right-of-way, to accommodate all resident requests for new street trees along the street right-of-way, and to replace City trees which have been removed with the provision that the remaining vacant sites are viable for planting trees. Viable tree planting sites shall be based upon the following criteria:
(a) Spacing. There is adequate spacing present overhead, underground and radially to allow for the healthy, unimpeded growth of the tree to its mature size. Specific examples of spacing conditions that may make a site unsuitable for planting include inappropriate canopy room between existing trees; proximity of a planting site to existing utilities, creating potential conflicts and damage; or inadequate width of the location's parkway for accommodating the tree's girth.
(b) Traffic clearance. There is adequate line -of -sight visibility between normal vehicular or pedestrian traffic and necessary signage, street lights or views. (c) Maintenance resources. There is adequate and consistent water source available. (d) Funding. Funding will be requested every fiscal year budget for tree planting based *n need.
The City shall make every effort to ensure that it plants only vigorous, healthy trees which can easily be trained into an attractive natural form with strong roots and good crown development.
The City shall reserve the right to refuse any nursery stock that does not meet these standards and may require any person who has planted such substandard trees on City property or within the City right-of-way to have these trees removed and replaced at the person's own expense.
The specifications for acceptable nursery stock shall be as follows:
(a) All trees shall be selected in accordance with the adopted UFMP and STMP and -:5Z no less than a fifteen (15) gallon mature tree.
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(c) All trees shall have a fairly straight trunk with a good taper and good branch distribution vertically, laterally, and radially.
(d) All trees shall be healthy, have a form typical for the species, be well rooted, and shall be properly trained.
(e) The root ball of all trees shall be moist throughout and the crown shall show no sign of moisture stress.
(f) All trees shall comply with federal and state laws requiring inspection for plant diseases and pest infestations.
(g) No tree shall be accepted that has been severely topped, headed back, pollarded or lion -tailed.
(h) No tree shall be accepted that has co -dominant stems or excessive weak branch attachments that cannot be trained out without jeopardizing the natural form of the species.
(i) No tree shall be accepted that is root bound, shows evidence of girdling or kinking roots, or has "knees" (roots) protruding above the soil.
Unless otherwise approved by the Director, all City trees shall be planted using materials that meet the following criteria:
(a) Tree Stakes. Tree stakes shall be two (2) sturdy eight (8) to ten (10) foot long lodge •f pine stakes. Stakes shall •- placed on the outer edge • the root ball on either •_ of the tree per Standard Plans for Public Works Construction, Standard Plan No. 518-3. If larger trees are planted and require guying, the International Society of Arboriculture (ISA) standards shall be adhered to.
(b) Staking Ties. Staking ties shall be Arbortape (synthetic woven material) eighteen (18) inch to twenty-four inch or as long as required to fasten the tie to each stake with galvanized roofing nails. Ties shall be pulled around the tree's trunk in a manner which supports the top -heaviness of the canopy, but is loose enough to allow for free movement • the tree in the wind.
(c) Trunk Guards. An approved trunk guard shall be placed around the base of the trunk just above the soil grade. A trunk guard is to deter mechanical damage, as a result of wounds inflicted on a tree's trunk by such devices as weed whips and lawnmowers. (d) Root Barrier. Root barrier shall be fabricated from a high -density and high -compact plastic such as polyvinyl chloride, ABS or polyethylene and shall have a minimum thickness of six one -hundredths (0.06) inch. The plastic shall have one-half (1/2) inch to three -fourths (3/4) inch high raised vertical ribs on the inner surface spaced not more than six • to • (8) inches apart.
(e) Wood Chip Mulch. A four (4) inch uniform;layer of approved wood chip mulch shall be placed within the planting basin •. the tree. A space • three (3) inches shall be left 10 RgggQ 0
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be tween the tree's stem and the mulch layer to allow airflow and to restrict moisture from remaining static around the base of the trunk.
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shall be subject to the inspection and approval of the Director. All trees shall be planted in accordance with this section.
Most nursery tree stock in California is sold in a containerized form. The following guidelines are specifics for containerized stock. If utilizing bare root or balled and burlapped trees, refer to the appropriate ISA guidelines for planting instructions.
Coniainers snaii not De cut or otrierwise aafllayeU P1101 10 atdilltd1j; U1 LrUU5 IQ trie piaritin area.
(b) The planting hole is one of the most important factors in establishing a healthy tree.
Measure the width and depth of the root ball prior to digging. The diameter of the planting hole shall be dug at least two (2) times wider than that of the root ball. The depth of the planting hole shall be dug slightly shallower than the depth of the root ball to allow for the top one (1) inch of the root crown to remain above the finished grade.
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the tree to stand straight and to avoid the potential of the tree settling below the finished grade. Scarify or scrape the sides of the planting hole to break down any glazing or compaction that may have occurred as a result of digging. (1) %sWWiTLn-e-tL1�L, � vp4M an,1 t�e t*Ai 0 t.�e riot crtv.% is slightly exposed above the grade. ice::ckfill the planting hole with clean, native soil no higher than halfway up the root ball. Slightly tamp the soil to remove air pockets, but be sure not to compact the soil too much. Complete backfilling to the finished grade. Once again, tamp the soil slightly to remove air pockets.
(e) Form a watering basin out of backfill material, approximately six (6) inches high, around the drip line of the tree. Remove all nursery stakes, ties, and ribbons from the tree and install the planting and staking materials as specified. Give the tree an initial deep watering. Fill watering basin as many times as necessary to completely saturate root ball. or wrien Me uirulmierence 51 trie I[ UP 5 tit 11K its eq 1.21 to or EXCUU05 Me Uil fte stakes.
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of all City -owned trees, including detailed site characteristics and work histories for each tree.
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Tree records shall be updated on a regular basis. The Public Works Maintenance Services Division shall be responsible for overseeing planting and maintenance of all City trees. The following guidelines and procedures have been developed to promote the health and safety of City trees from the time they are planted through maturity. These guidelines and procedures shall be required for any City -owned and maintained tree that is to be planted. � I'll: •INE •1111 111:511•11 1• 11 111 1
The owner(s) of real property abutting a street right-of-way shall provide adequate water to any street tree(s) within said street right-of-way to ensure the healthy and safe growth of the street tree(s).
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regulations set forth in this Chapter. The Public Works Maintenance Services Division shall be responsible for administering and scheduling pruning of all City trees. All City trees shall be pruned on a regular basis using professionally accepted standards as established by the ISA Bes) Management Practices and American National Standards Institute (ANSI) Pruning Standards, whichever is more protective of tree preservation. All City trees shall be pruned in a manner that will encourage good development while preserving their health, structure and natural appearance.
Shearing, topping, heading back, stubbing, lion tailing or pollarding of City trees is prohibited, except in accordance with ISA standards.
(a) "Thinning" sometimes called "drop-crotching" in mature trees shall be the standa, at il pruning technique for City trees. A thinning cut is the removal of a branch ts poll nt rIN izy f�-fs Z
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(b) When removing a live branch, pruning cuts should be made just outside the anc bark ridge and collar. This location of cut is in contrast to a "flush cut" which is made�irnsid - the • • ridge and • Flush cuts should be avoided because they result in F larger wound and expose trunk tissues to the possibility of decay. If no collar is visibl( the angle of the cut should approximate the angle formed by the branch bark ridge an trunk.
(c) When removing a dead branch, the final cut should be made just outside the branc bark ridge and • • live callus • wound •r• tissue. If the collar has grown • alon• the branch stub, • the •-.• stub should •- removed; the live • should remai intact.
• If it is necessary to -• the length • a • the final cut should •- .• ju! beyond (without violating) the branch bark ridge of the branch being cut. The remainin branch should be no less than one-third (1/3) the diameter • the branch being remove(• and with enough foliage to assume the terminal role.
leaving the bark at th dve of the cut firmi
attached to the wood. A three (3) cut process, sometimes referred to'as "jump-cuttinic should • used to remove •- limbs in order to avoid stripping • tearing • the ba�, •' to minimize wounding.
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(b) Crown restoration is intended to improve the structure and appearance of trees that have sprouted vigorously after being broken, topped or severely pruned using heading cuts. One (1) to three (3) sprouts on main branch stubs should be selected to form a natural -appearing crown. The more vigorous sprouts may need to be thinned or cut to a WAI-1101-71M I I I
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shall be completed as necessary based upon the specific conditions and circumstances surrounding the tree.
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originate in the lower two-thirds (2/3) of the tree. Similarly, branches should have even distribution of foliage along their lengths. This will ensure a well -formed, tapered structure and will uniformly distribute stress within the tree. All City trees shall be maintained to the height clearance specifications established below:
(a) Over sidewalks or park paths, limbs shall be raised to a minimum of seven (7) feet from grade to first lateral branch. In locations where no sidewalks exist, limbs may be e&6*ia1 �kMP.-Ahrt.
species. In locations where City street trees are set back from or do not interfere with sidewalk traffic, limbs may be retained below this minimum height specification at the discretion of the Director.
• Over • •.: collector streets, limbs shall •.. raised gradually from • (8) feet 2t c6!r!t t* tXiKee;% (13) feettver tr2ffic 12Aes fr,*m tXegrzte 4 wttot, giviAS tXe 2�t�e2rMe •' an arch rather than an angle.
(c) Over arterial streets, limbs shall be raised to a minimum height • • (14) feet from grade to first lateral branch.
(d) Visibility clearance for streetlights or signage shall be achieved through "windowing" through the foliage •.` a tree, rather than severely raising or reducing its crown. Only those All such pruning cuts shall be thinned back to the nearest lateral found away from the structure tWat is to be cleared.
Line -clearance tree workers must be trained safely around high -voltage conductors. The California Occupational Safety and Health Act (CAL -OSHA) and ANSI have established minimum distances to be maintained by tree workers from electrical conductors. All line -clearance work involving City trees shall adhere to these standards, as well as the utility pruning standards established by the ISA and Utility Arborists Association. -WEE=
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with line -clearance work. Hangers and dead wood shall be removed. Where possible, the tree shall be allowed to attain normal height, with crown development maturing away from high -voltage conductors. To achieve clearance, pruning shall be restricted to removal of branches at crotches within the tree's crown. t��Vftfn Avw�rfs
on the branch, it shall be removed to the parent stem.
(e) Precautions shall be taken to pre-cut large limbs to avoid stripping or tearing the bark and minimize unnecessary wounding. Heavy limbs shall be lowered on ropes to avoid damaging bark on limbs and trunks below.
(f) The placement of pruning cuts shall be determined by anatomy, structure and branching habit. Limbs shall not be arbitrarily cut-off based on a pre -established clearing limit.
(g) Final drop -crotch cuts shall be made outside the branch bark ridge on the main stem or lateral branch. The remaining branch shall be no smaller than one-third (1/3) the diameter of the portion being removed. The removed portion shall be pruned out to direct the remaining growth away from conductors.
shall be evaluated on an individual basis. Because palms are killed when topped, every effort shall be made to remove and replace the palm with an appropriate tree in accordance with the adopted UFMP and STMP.
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line, every effort shall be made to tunnel under or throughout the tree's root system with a minimal amount of pruning, rather than to trench across the tree's roots.
When root removal becomes necessary for the installation and/or repair of hardscape, such as sidewalks, • approaches, curb and gutter, and • utilities, two (2) methods shall • employed • the City to eradicate invasive or encroaching •• These two (2) methods are specified below:
(a) Selective root pruning is the removal of specific offending roots which are directly interfering with a work area. When pruning out selective roots, great care shall be given to retain as much root surface as possible, including sufficient buttress root dispersal around the radius of the tree. Roots shall be cut back at least four (4) inches away from new hardscape to the nearest node. Pruning cuts shall be made clean and smooth with minimal crushing or tearing of the remaining root.
(b) Root shaving is the removal of a small portion of a non -essential buttress root or general root with a diameter of four (4) inches or greater. Roots shall be shaved to allow for at least two (2) inches of clearance between the root and new hardscape. Shaving cuts shall be made clean and smooth with no crushing or tearing of the remaining root; root shaving shall be undertaken at the discretion of the Director.
PIZA"I I&I N IQ OK430106] is I &V IV usigg 1 n 01 Iltzle Ifilym pr-Keiells 0 ego Any person, firm or corporation engaged in the business of trimming or removing any parkway tree shall carry commercial general liability and property damage, auto and workers' compensation insurance at a minimum limit of $2,000,000 each. The insurance certificates mus! be •' file with the City.
• person (other than the City • persons acting • the City's authority) shall cause, • or allow the removal of any street tree without having first obtained a valid permit therefore from the • Works Department, and • complying with all conditions •' said •- and adhering to all applicable regulations set • in this chapter. The • Works Maintenance Services Division shall trim or remove any City -owned tree or plant, including any part thereof, regardless • the location, if it is determined • the Director that removal • trimming is necessary to eliminate any hazard • risk to public safety •: property. The following are conditions permitting removal:
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(a) Where the tree, foliage or any limb is growing into and interfering with overhead power lines and there is no feasible alternative to mitigate the interference; (b) Where a written determination has been made after a visual inspection and evaluation that the tree is dead, seriously diseased or damaged that it is no longer viable or it is a threat to property or to other trees;
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place. However, nothing herein shall authorize the Director to enter private property without the consent of the owner or lawful possessor of the property, unless otherwise permitted by law.
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All street trees planted as part of a new subdivision or development project shall be in accordance with the City's UFMP and STIVIP and shall be paid for by the subdivider or developer. The Director may require any subdivider or developer to pay all costs of proper street tree planting along the parkways of any new subdivision or development project before approving any subdivision map or development project.
The Director shall determine during the development review process whether and to what extent conditions or measures will be required to protect street trees during construction. This decision shall be based upon the proximity of the construction activity to street trees. The conditions and protective measures include, but are not limited to, the following:
(a) The street trees shall be enclosed by chain link fencing with a minimum height of fi or building permit and prior to commencement of work.
(b) Fencing or barriers shall be placed at least five (5) feet outside the drip line of stre( trees. The Director, if appropriate to the species and adjacent construction activity, ma approve a lesser distance.
(c) There shall be no grade changes within the protective barriers without prior approv� of the Director. Any roots greater than two (2) inches in diameter, which are damaged e I _FA 00 EM 6
(d) Excavation or landscape preparation within the fencing or protective barriers shall b limited to the use of hand tools and small hand-held power tools and shall not be used a depth that could cause root damage to the street tree. (e) M*, 2tt2cXwvxts,#r wiresit�er tX,2x ftise If 2;mritectivetr AtIA420-DSiAg 12ture 0i be attached to a street tree.
(f) No equipment or debris of any kind shall be placed within the protective barriers. N fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemic� shall be stored or allowed in any manner to enter within the protective barriers. (g) If access within the protective barrier around a street tree is required during th construction process, the route shall be covered with a six (6) inch mulch bed in the dri line area, and the area shall be aerated and fertilized at the conclusion of construction. (h) When the existing grade around a street tree is to be raised, drain tiles shall be lai over the soil to drain liquids away from the trunk as determined by the Director. Th number of drains shall depend upon the soil material. Lighter sandy soil and porou gravelly material require fewer drains than heavy non -porous soils like clay. Dry wells shal be large enough to allow for maximum growth of the tree trunk. Dry well walls, shall b constructed of materials 'that permit passa�glp� of air and water.
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With either method, the area within the drip line shall be left at the original grade. The retaining wall shall • porous to allow for aeration.
0) Street trees that have been destroyed or have received major damage during construction shall • replaced prior to final inspection and subject to the Director's direction and approval as to size, variety and species.
In keeping with the City's policies for protecting and preserving the health and well-being of its urban forest while providing for the safety of its citizens, the following guidelines have been established for correcting potentially hazardous situations that result from tree roots disturbing nearby hardscape.
ramp, followed by permanent repair • the a�rea at a I�ter date. Generally, an asphalt ramA s-fT-A �__- iuldfs
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the damaged area can be "ground down" by a concr�te grinding machine. Any deviatill • •i to grade. If necessary, •- repair • the area shall •- scheduled • a lat •. I
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might jeopardize public safety or the health or integrity of the tree, then one (1) of the following alternatives shall be considered:
(a) Offset. An offset is the tapering or reduction of a sidewalk's size down to a width no less than forty-eight (48) inches.
(b) Ramping. A sidewalk may be constructed to ramp over offending roots, as long as the slope of the grade does not exceed one (1) foot of elevation change within a span of twelve (112) linear feet.
(c) Reconfiguration. Sidewalks do not need to be constructed in a straight line. If the public easement can accommodate it, a sidewalk may be reconfigured to curve around a tree in a suitable manner.
(d) Removal. If no other hardscape installation alternative is feasible, a tree may be removed as long as it complies with the tree removal criteria established in Section 7623 of this chapter.
SECTION 7633. INTERFERENCE WITH WORK
No person (other than the City or persons acting under the City's authority) shall plant, cut, trim, prune, break, deface, destroy, burn, remove, spray, or injure any City tree or in any manner spr- ing, treating, trimming or rern-uring any ineularl Or struut tree, wil I of any stone, cement or other substance or plant material from or adjacent to the trunk of any median or street tree without first having obtained a permit from the Public Works Department. If the City is required to remove a tree placed in violation of this section or replace a tree damaged or removed in violation thereof, the responsible person or party shall be billed for the costs incurred by the City or in accordance with Section 7636 of this chapter.
SECTION 7634. DAMAGING STREET TREES
No person shall in�we or destroy, anv median or street tree by, an,,,, means, includin& but not limited to, the following:
(b) Piling building equipment, materials or any other substance around any tree so as to cause injury;
(c) Dumping, pouring, spilling, spraying • depositing oil, salt, salt water or any other deleterious substance within (10) ten feet of any tree or on the surrounding ground, lawn • sidewalk;
(d) Posting or affixing to any City tree any bill, poster, placard, picture, announcement, notice. advertisement or sian. or cut, r)aint, vint or make anv of the same ur)on such tree roTa"iml ON 16, U-111111IN III MY " 11MI-110MMIN I IN 1110.011 NIXON *I fir unain tu any 51un tree exuept lur in P05e Of PruteuLing it U1 u1ner plipu5ti a • the City.
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(e) Causing any wire charged with electricity to come in contact with any tree; or (f) Causing any fire or burning near or around any tree.
SECTION 7635. PROTECTION OF UTILITIES AND PUBLIC IMPROVEMENTS City trees shall not be planted within the following distances of the following utilities and public improvements:
(a) Driveways - 10 feet
(b) Street lights - 20 feet
(c) Power poles - 10 feet
(d) Intersections (curb radius area) — 35 feet to 50 feet or as determined by the Director (e) Fire Hydrants - 10 feet
(f) Water and Gas Meters - 10 feet
(g) Crosswalks - 10 feet
(h) Pedestrian Light - 20 feet
(i) Alley Entrances - 15 feet
0) Freeway - 30 feet
(k) Railroad tracks - 50 feet
The Director shall cause to be removed any City tree or part thereof which is injurious or appears likely to be injurious to any utility or public improvement after all reasonable efforts to preserve the tree have been made.
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(a) It shall be unlawful and a misdemeanor for any person, firm, partnership or corporation to violate any provision of or to fail to comply with any of the requirements of this chapter, and any such violation shall be punishable in accordance with Section 1200 of this Code. (b) In addition to any fine or other penalty assessed for a violation of this chapter, any person that causes, permits, allows, or suffers any violation of this chapter shall be responsible for the diminishment of the tree's value as set forth in the current edition of the Guide for Plant Appraisal published by the ISA. Said amount shall constitute a debt owing to the City and may be collected by the City in any manner permitted by law.
1. It is the intent of the City Council that, pursuant to California Penal Code Section 1202.4, the City shall be deemed a victim and eligible for restitution (calculated as set forth in Subsection 7636(b) of this Code) in any instance where a defendant is convicted of cutting, trimming, pruning, breaking, defacing, destroying, burning, removing, or injuring any City tree in any other so
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manner in violation of this chapter, or where a defendant is granted any form #f diversion granted by the Superior Court or any prosecutor. tajacent To a parcei UT prapeRy, eacn iree Mal 15 FU1T11t-K!UU U1 1111THT]t�U WIWI De GOF15lUeFe 2 separate violation.
(d) Removal or trimming of any parkway tree or plant is a misdemeanor and shall require replacement within sixty (60) days of notice by the City. Such replacement shall be in accordance with the adopted UFMP and STMP-
(e) Violation of this chapter during construction activity may result in an immediate stop work order issued by the City.
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SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, SECTION 3. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
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MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Ordinance No. 22- was introduced at a Regular Meeting of the City Council of the City of Downey held on the day of 2022, and adopted at a regular meeting of the City Council of the City of Downey held on the — day of —1 2022, by the following vote, to wit:
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MARIA ALICIA DUARTE, CIVIC
City Clerk
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