5747ORDINANCE NO. 5747
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 11.12 OF TITLE 11 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO DESIGNATION OF
LANDMARK TREES
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That a new Chapter 11.12 of Title 11 of the Anaheim
Municipal Code be, and the same is hereby, added to read as follows:
11.12 DESIGNATION OF LANDMARK TREES
11.12.010 Upon recommendation of the Director of Community
Services, the City Council may designate as a Landmark Tree any tree
on public property. In making such designation, the City Council
shall consider the age, size, shape, species, location, historical
association, visual quality or other contribution which the tree
makes to the City's character.
11.12.020 No landmark tree shall be removed without prior
approval of the City Council, which approval shall be based upon one
or more of the following findings:
.010 The landmark tree poses a threat to the public
health or safety due to its general condition, the potential of the
tree falling, the tree's proximity to existing or proposed
structures, the tree's interference with utility services, and/or the
tree's status as a host for parasitic plants, pests or diseases
endangering other species of trees or plants with infection or
infestations;
.020 Removal is necessary to allow construction of
improvements or otherwise allow economic or other reasonable
enjoyment of adjoining property;
.030 The landmark tree has or will have an adverse
effect on soil retention, water retention, and/or diversion or
increased surface water;
.040 Removal of the landmark tree will not have an
adverse effect on shade areas, air pollution, historic values, scenic
beauty and the general welfare of the City as a whole given the
number, species, size and location of existing trees in the area of
the landmark tree; and
.050 Removal of the landmark tree is consistent with
good forestry practices such as, but not limited to, consideration of
the number of healthy trees a given parcel of land will support.
11.12.030 The City Council may impose reasonable conditions
upon the removal of a landmark tree, including, but not limited to,
any of the following:
.010 Planting of additional trees on the property from
which the landmark tree was taken;
.020 Planting of new trees at a location different
from the property from which the landmark tree was removed;
.030 The implementation of an objectively observable
maintenance and care program to ensure the continued health and care
of remaining landmark trees, if any, on the property from which the
subject landmark tree was removed; and
.040 A designation of City funds for additional tree
planting stock to be planted within the City should a suitable
replacement location of the removed landmark tree not be possible.
11.12.040 The City Council, at its sole and absolute
discretion, may rescind the landmark tree designation given to any
tree at any time that the City Council determines that the criteria
upon which the designation was based no longer supports such
designation.
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason to
be invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions previously
adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new
enactments.
2
SECTION 4. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with
any of its requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding One
Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6)
months, or by both such fine and imprisonment. Each such person,
firm or corporation shall be deemed guilty of a separate offense for
each day during any portion of which any violation of any of the
provisions of this ordinance is committed, continued or permitted by
such person, firm or corporation, and shall be punishable therefor as
provided for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 12thY c Dece ber ,2000.
MAY R OF THE CITY OF AHEIM
ATTEST:
CITY CLEFOK OF THE CITY OF ANAHEIM
34027.1
9
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5747 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 5th day of December, 2000, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 12th day of December, 2000, by the
following vote of the members thereof:
AYES:
NOES
ABSENT:
(SEAL)
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
A64 !WL juIz� .
CIfY CLEWOF THE CITY OF ANAHEIM