Ordinance 20-027 Municipal Tree CareCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 20-027
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING CHAPTER 6.01 RELATING TO MUNICIPAL TREE
CARE OF PUBLIC TREES; AND OTHER MATTERS RELATING THERETO.
WHEREAS, pursuant to RCW 35A.11.020, cities are authorized to improve, maintain, protect,
regulate, use and beautify public ways and public property. As such, the City Manager is authorized to
plant, prune, maintain and remove public trees as may be necessary to ensure public safety or to preserve
or enhance the symmetry and beauty of such public grounds; and
WHEREAS, implementing the regulations included in the sections below is anticipated to assist in
preserving and enhancing the City's public properties for the use and benefit of the City's citizens; and
WHEREAS, adopting these regulations will help qualify the City to participate in the Tree City USA
program; and
WHEREAS, adoption of these provisions would protect and enhance the life, health, and safety of the
City's residents and businesses.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Adoption of a new chapter 6.01 of the Spokane Valley Municipal Code. Chapter 6.01 of
the Spokane Valley Municipal Code is adopted in as follows:
6.01.010. Purpose.
The purpose of this chapter is to promote and protect the public health, safety, and general welfare by regulating the
planning, maintenance, and removal of trees on City -owned property within the City of Spokane Valley.
6.01.020. Definitions.
"City Manager" means the City Manager, or designee, or contracting entity chosen by the City.
"Maintain" or "maintenance" means the entire care of trees, including but not limited to, the preparation of ground,
fertilizing, mulching, planting, spraying, trimming, pruning, topping and root control.
"Public tree" means any tree growing in or upon a City planting strip, right-of-way, park, or other City -owned
property, including street trees.
"Recommended Planting List" means the recommended planting species list adopted in SVMC 22.70, Appendix 22-
A.
"Street tree" means any tree located upon property within the improved right-of-way in the City.
6.01.030. Authority.
Pursuant to RCW 35A.1 1.020, cities are authorized to improve, maintain, protect, regulate, use and beautify public
ways and public property. As such, the City Manager is authorized to designate the planting, pruning, maintenance
and removal of public trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and
beauty of such public grounds. Trees that would otherwise be regulated under chapter 7.05 SVMC (public nuisance
trees) or chapter 22.70 SVMC (landscaping and street tree standards) shall be regulated by those chapters.
Ordinance 20-027 Adopting Chapter 6.01 SVMC — Municipal Tree Regulations Page 1 of 3
6.01.040. Planting standards.
A. Street trees shall be planted pursuant to SVMC 22.70.060.
B. The City Manager shall authorize the creation of planting standards to govern the planting and maintenance of all
public trees that are not street trees. The planting standards shall include provisions including, but not limited to,
spacing requirements, planting distances from curbs and sidewalks, and planting near utility lines. The City shall
confer with electrical utility providers within the City regarding these standards. The planting standards shall include
the Recommended Planting List; and, at the discretion of the City Manager, may include other species.
C. The City Manager may authorize the approval of planting of public trees outside of the Recommended Planting
List.
6.01.050. Public tree removal.
A. For public trees found by and/or reported to the City to be dead, dying, diseased, or in an otherwise obviously
dangerous condition likely to cause damage, the City Manager shall take reasonable steps to remove said trees as
allocation of resources permit, and may further authorize the replacement of all such trees. This provision does not
create a requirement for the City to actively investigate or inspect public trees for defects, hazards, or dangerous
conditions.
B. When any public tree is removed, the City Manager shall cause to have the stump of said tree completely removed,
which may include grinding the stump to a depth of at least one foot below the surrounding average finished grade.
Adequate topsoil shall be used to fill the hole created by the removal of said stump, including accounting for settling
of the topsoil.
C. Trees on private property meeting the definition of a public nuisance pursuant to SVMC 7.05.040(A) shall be
addressed pursuant to chapter 7.05 SVMC.
6.01.060. Abuse of public trees prohibited.
A. No person shall damage, remove, or cause the damage or removal of a public tree without written permission from
the City Manager.
B. No person shall attach or place any rope or wire (other than one used to support the tree itself), sign, poster,
handbill, or other thing to any public tree. Exceptions with regard to public trees within parks, if any exceptions exist,
may be found in chapter 6.05 SVMC.
C. No person shall cause or permit any wire charged with electricity, with the exception of decorative lights for a
period not exceeding 45 days per year, to come into contact with any public tree.
D. No person shall allow any gaseous liquid, or solid substance which is harmful to such trees to come into contact
with the roots or leaves of public trees.
6.01.070. Interference with the City.
No person shall prevent, delay, or interfere with the city or any of its agents, while engaging in the planting,
maintenance, or removal of any public trees.
6.01.080. Nonliability of City.
Nothing in this chapter shall be deemed to impose any liability upon the City, its officers, or employees, nor does it
create any duty to inspect trees for defects, hazards, or dangerous conditions, and does not relieve the owner or
occupant of any private property from the duty to keep trees and other vegetation upon private property or property
under his control in a safe condition pursuant to chapter 7.05 SVMC.
6.01.090. Violation.
Any person found to have violated any provision of this chapter shall have committed a class 2 infraction. For
violations of this chapter, the City shall have all authority under the law to enforce violations, including but not limited
to use of injunctive remedies through superior court. However, conduct that constitutes a violation of chapter 7.05
SVMC shall be penalized pursuant to chapter 7.05 SVMC.
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Section 2, Scvcrubi|ity. lfunysection, sentence, clause orphrase u[this Ordinance shall be held
1nhoinvu|idorunuonStitutiunu|bvucoudo[uompetontjuhsdiotion,xoohinva|idityorunconmLhutionu|i'y
uho|) not affect the validity or constitutionality of any other section, ounicnou, c}uooc or phrase of this
Section 3, Effective Date. This Ordinance nhuU he in full force and effect five days after the date
Of J)Ublication of this Ordinance or a sUrninary thereof in the official newspaper of the City.
PASSED 6vthe City Cnunci|this |5U/day uf[eoun6cc 2020.
Ben Wick, Mayor
Christine Bainbridge, City Clerk
Appiroved As To Fom:
Date o[Puh|icuion:
Effective Date:
Ordinance 2U'027Adopting Chapter 6.0l 8VMC—Municipu|Tree Rugo|ui000 Page 3u[3