San Jose |
Code of Ordinances |
Title 13. STREETS, SIDEWALKS AND PUBLIC PLACES |
Chapter 13.28. STREET TREES, HEDGES AND SHRUBS |
Part 4. MAINTENANCE RESPONSIBILITY AND PROTECTION |
§ 13.28.420. Interfering with maintenance work or injuring street trees prohibited.
A.
No person shall in any way interfere with the city, its employees or contractors engaged in the planting, mulching, pruning, spraying, treating or removing of any street tree, or in the removing of stone, cement or other substance about the trunk of any street tree.
B.
No person shall, except with written permission of the director, (a) damage, cut, carve, girdle or injure the bark of any street tree; (b) attach or keep attached, or cause the same, any sign, wire, device or injurious material to any such tree or to the guard or stake intended for the protection of such street tree; (c) allow any gaseous, liquid or solid substance, or pesticide, herbicide or similar chemical agent harmful to such street trees to come in contact with the roots, leaves, bark or any part of any such street tree; (d) construct concrete, asphalt or brick paving or otherwise fill up the ground area within four feet of any such street tree that may shut off air, light or water from the roots; (e) pile building material or other material about any street tree in any manner that will in any way injure such street tree; or (f) construct any raised planter around the street tree trunk.
C.
As part of any construction work or activity of a building or structure, the owner or responsible party thereof shall place such guards around all nearby street trees as shall in the opinion of the director effectively prevent injury to them.
D.
Tree stakes or guards may be placed around street trees by the department of transportation, or such other department designated by the city manager to administer or enforce this chapter, by city contractors or by owners of property abutting such street trees provided the same are merely placed near such street tree for the purpose of protecting or training such street trees.
E.
Every person having any wire charged with electricity running through a street in the city shall securely fasten such wire so that it will not come in contact with any street tree therein; and no person shall, without the written permit of the director, attach any electric wire, insulator or any device for the holding of any electric wire or for bracing the poles which carry the same to any street tree growing or planted upon any street.
F.
No person shall move any building or other object along any street in such manner as to injure any street tree. Whenever the director determines or reasonably believes that any street tree may be injured, the director may require any person moving a building or any other object along a street in the city to furnish a bond in an amount sufficient to cover the damage or destruction of such street tree.
(Ord. 29000.)