§ 7-5.06. Protection.

(a)

No person shall remove, trim, prune, spray, or cut any above- or below-ground portions of any street tree in a right-of-way or easement without first obtaining permission from the Director.

(b)

No person shall interfere or cause any person to interfere with any work being done under the provisions of this chapter by any employee of the City, or by any person or firm doing work for the City or under a permit granted by the City.

(c)

No person shall interfere or cause anyone to interfere with or damage any overhead wires or underground pipes or conduits while removing, trimming, pruning, spraying, or cutting any street trees in a right-of-way or easement. The owner of such facilities shall be notified when such work may interfere with or cause damage to the facilities. The cost of repair of the damage to overhead wires, underground pipes or conduits shall be the responsibility of the person, firm or corporation doing or causing the work to be done. The City of Modesto and its officers and employees shall be exempt from the provisions of this subsection.

(d)

No person shall pour concrete (driveway, patios, walkways or other types of concrete pours) on private property less than six (6) feet from the center of any existing city tree in any direction, unless otherwise approved by the Director.

(e)

It shall be unlawful for any person to injure or destroy by any means any tree planted or maintained by the City in rights-of-way or easements, including, but not limited to, the following:

(1)

Constructing a concrete sidewalk or driveway or otherwise filling up the ground around any street tree so as to shut off air or water from its roots.

(2)

Piling building materials, equipment, or other substance around any tree.

(3)

Pouring any deleterious material on any tree or on the ground near any tree.

(4)

Posting any sign, poster, notice, or other object on any tree, tree stake or guard, or fastening any guy wire, cable, rope, nails, screws, or other device to any tree, tree stake or guard.

(5)

Causing or encouraging any fire or burning near or around any tree.

(6)

Using any mechanical weeding device against a tree.

(7)

Constructing retaining walls, fences, or other similar improvements which prohibit the planting or maintaining of street trees or otherwise affect their growth.

(8)

Operating construction equipment in such a manner to cause it to contact the tree.

(9)

Disrupt the anchorage of the tree or change the grade around the tree.

(10)

No person shall plant a tree or other plant material in a right-of-way or easement other than grass or other similar planting materials, unless approved by the Director, in consultation with the City Arborist.

(Added by Ord. 3071-C.S., § 3, amended by Ord. 3130-C.S., § 5, and Ord. 3366-C.S., § 4)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)