Title 13

PUBLIC SERVICES

Chapters:

13.04 Airports

13.08 Cemeteries

13.10 Alternative Programs to Incarceration

13.12 Trinity Mountain Camp

13.15 County Managed Trees,

Chapter 13.04

AIRPORTS

Sections:

13.04.010 Title.

13.04.020 Definitions.

13.04.030 Restricted areas.

13.04.040 Conduct of business.

13.04.050 Soliciting.

13.04.060 Advertisements.

13.04.070 Use of roads and walks.

13.04.080 Animals.

13.04.090 Liability.

13.04.100 General conduct of operators and owners.

13.04.110 Fueling operations.

13.04.120 Fire hazards.

13.04.130 General rules of conduct.

13.04.140 Land transportation.

13.04.150 Air rules.

13.04.160 Firearms.

13.04.170 Rates and charges.

13.04.180 Violation—Penalty.

13.04.010 Title This chapter shall be known as the "Trinity County airport rules and regulations ordinance." (Ord 365 §1, 1978)

13.04.020 Definitions

A. "Airport" means each county operated airport in the county of Trinity, state of California.

B. "Airport manager" means the manager of all county airports or his duly authorized representative.

C. "County" means the county of Trinity, state of California. (Ord. 365 §2, 1978)

13.04.030 Restricted areas No person shall enter any restricted area posted as being closed to the public, except:

A. Persons assigned to duty thereon;

B. Persons authorized by the airport manager;

C. Persons under appropriate supervision entering the apron for the purposes of enplaning and deplaning. (Ord. 365 §3(1), 1978)

13.04.040 Conduct of business No person shall engage in any business or commercial activity of any nature on an airport except in conformance with an appropriate authorization and under such terms and conditions as may be prescribed therein by the airport manager and/or board. (Ord. 365 §3 (2), 1978)

13.04.050 Soliciting No person shall solicit for any purpose on the airport without permission of the airport manager. (Ord. 365 §3(3), 1978)

13.04.060 Advertisements No person shall post, distribute or display signs, advertisements, circulars, printed or written matter at an airport except with the approval and in such a manner as may be prescribed by the airport manager. (Ord. 365 §3(4), 1978)

13.04.070 Use of roads and walks

A. No person shall use the roads, walks or landing areas or restricted areas in such a manner as to hinder or


obstruct their proper use without first obtaining permission from the airport manager.

B. No person shall operate any type of vehicle on airport service roads or walks without first obtaining permission from the airport manager. (Ord. 365 §3(5), 1978)

13.04.080 Animals Animals shall not be permitted on an airport unless leashed or restrained in such a manner as to be under control. (Ord. 365 §3 (6), 1978)

13.04.090 Liability The county of Trinity, its agents or employees, operating an airport, assumes no responsibility for damage to property stored thereon or property thereon of persons using the airport facilities, by reason of fire, theft, vandalism, windstorm, flood, earthquake and/or collision, nor does it assume any liability by reason of injury to persons while on an airport or while using the facilities of the same. (Ord. 365 §3(7), 1978)

13.04.100 General conduct of operators and owners

A. Aircraft shall be stored and repairs made in the space designated for the purpose by the airport manager and in such space only.

B. Aircraft owners, their pilots, or agents, shall be responsible for the prompt removal of disabled aircraft and parts thereon. The airport manager and/or state and federal aviation authorities may delay such action pending investigation of an accident.

Any and all airport property destroyed, injured or damaged by accident or otherwise, shall be paid for by the party or parties responsible for such destruction, injury or carnage thereto.

C. Aircraft engines shall not be started or run unless a properly certificated pilot or mechanic is at the controls. The aircraft must be equipped with adequate brakes, fully applied, or the wheels must be securely blocked with chocks which can be removed safely.

D. Persons involved in accidents on an airport shall make a full report thereon to the airport manager as soon after the accident as possible, and to state and federal aviation authorities as required.

E. No aircraft shall be left unattended on an airport unless properly secured or in a hangar. Owners of aircraft not properly secured shall be held responsible for all dam-age resulting from the failure to comply with this rule and all expenses incurred by the airport management to properly secure such aircraft when such action is deemed necessary by the airport manager.

F. No person shall take or use any aircraft, parts, instruments or tools thereon owned, controlled or operated by any other person while such aircraft, parts, instruments or tools are stored, housed or otherwise left on the airport or within its hangars without the written consent of the owner or operator thereof, or satisfactory evidence of the right to do so duly presented to the airport manager. (Ord. 365 §3 (8) , 1978)

13.04.110 Fueling operations

A. No aircraft shall be fueled or drained while the engine is running or while such aircraft is in the hangar or enclosed space.

B. No smoking shall be permitted within fifty feet of any aircraft, or within one hundred feet of any aircraft being fueled or defueled.

C. No person shall operate any radio transmitter or receiver or switch electrical appliances off or on in or within fifty feet of an aircraft during fueling or defuel-ing.

D. During fueling, the aircraft and the fuel dispensing apparatus shall be properly grounded.

E. Persons engaged in the fueling or defueling of aircraft shall exercise due care. All fuel spills will be cleared from the area before aircraft are started or left unattended.

F. Adequate fire extinguishers shall be available in the immediate area (within ten feet) of all fueling and defueling operations.

G. No person shall start the engine of any aircraft when there is any gasoline on the ground within one hundred feet of the aircraft.

H. Fueling hoses and defueling equipment shall be maintained and operated in a safe and sound condition and shall be equipped with a grounding device to prevent ignition of volatile liquids.

I. Aviation fuels and/or lubricants shall not be sold or dispensed into any aircraft or other containers on an airport except in such a manner and under such terms and conditions as may be prescribed by the airport manager. (Ord. 365 §3 (9), 1978)

13.04.120 Fire hazards

A. No activity including, but not limited to, painting, doping and cleaning shall be conducted on airport property with any flammable substances having a flash point below two hundred degrees Fahrenheit unless the activity and the manner in which it is to be conducted have been approved in writing by the airport manager.

B. Smoking and open fires shall be prohibited in all areas designated or posted by the airport manager.

C. No person shall keep, store, or discard any flammable liquids, gases, signal flares, oily rags or other combustible material in the hangars or in any buildings on an airport without the prior written approval of the airport manager concerning the location and manner of conducting such storage or disposal operations.

D. No person shall dump any waste, refuse or other material on an airport.


E. Hangar entrances shall be kept clear at all times for ingress and egress of tenants' aircraft. No person shall use flammable liquids in the cleaning of aircraft, aircraft engines, propellers and appliances without the prior written approval of the airport manager concerning the location and manner of conducting such cleaning operations.

F. All lessees on an airport shall keep their hangars and areas adjacent thereto leased or used by them respectively, free and clear of waste material, rubbish and other flammable material. (Ord. 365 §3(10), 1978)

13.04.130 General rules of conduct

A. No person shall destroy, injure, deface or disturb in any way any building, sign, equipment, marker, or other shrub, tree, flower, lawn or other property on an airport without written permission of the airport manager.

B. No person shall commit any obscene, disorderly, indecent, or unlawful act, or commit any nuisance on an airport.

C. No person shall abandon any personal property on an airport. (Ord. 365 §3(11), 1978)

13.04.140 Land transportation

A. Vehicles shall not be parked on an airport other than in the manner and at locations indicated in designated areas.

B. No common carrier vehicle or vehicle for hire shall load or unload passengers or stand at an airport at any place other than in the area designated by the airport manager.

C. Motorized equipment shall not be operated on the apron except by persons assigned to duty thereon or others authorized by the airport manager.

D. No person shall operate any vehicle on any of the landing areas unless authorized to do so by the airport manager and then only in such a manner as may be prescribed.

E. Motor vehicles shall be operated in strict compliance with speed limits prescribed by the airport manager and indicated by posted traffic signs. The speed limit in un-posted areas will be five miles per hour. The airport manager shall have authority to move vehicles parked in such places and in such a manner as to hinder any approved operation. Said authority shall include the authority to tow away the vehicle at the owner's expense.

F. Vehicles or equipment operated or parked within or on any taxiway or runway area shall be marked with an approved obstruction flag and/or light. (ord. 365 §3(12), 1978)

13.04.150 Air rules No aeronautical activity shall be conducted at the airport except in conformance with the State Aeronautics Act and applicable federal air regulations.

A. Low flying within the confines of the traffic pattern shall not be below seven hundred feet, except in emergencies or when necessary to climb to the designated pattern altitude or descend to a landing.

B. No aircraft shall be taxied except at a safe and reasonable speed and in no case in excess of fifteen miles per hour. No aircraft shall take off or land, except in conformance with the then approved traffic pattern, emergency landings excepted, from any area except the state permitted runways.

C. Aircraft shall not cross any runway until the pilot has stopped and made certain by visual inspection that there is no danger of collision with any person or object.

D. Taxiing in and out of hangars is specifically prohibited.

E. Except in an emergency, no turn shall be made after takeoff until the airport boundary has been reached and the pilot has attained an altitude of at least five hundred feet and has ascertained that there will be no danger of turning into the path of a following aircraft.

F. Aircraft leaving the pattern shall make a forty-five-degree turn away from the airport after completing the first turn to the crosswind leg.

G. Aircraft entering the pattern shall enter at a forty-five-degree angle to the crosswind leg.

H. The airport manager may refuse clearance or delay any flight or other operations at an airport for any reason.

I. Initial takeoff shall be commenced from the end of the active runway only, unless authorized by the airport manager.

J. Formation flying is prohibited in the traffic pat-tern.

K. Engines must be stopped while passengers are being enplaned or deplaned.

L. The airport manager may regulate practice touch-and-go landings whenever traffic volume is such that such regulation is necessary for the safe, orderly operation of the airport.

M. No aircraft shall remain on the landing or takeoff area longer than necessary to safely land or take off. (Ord. 365 §3(13), 1978)

13.04.160 Firearms

A. No persons except designated peace officers shall carry any firearms, including air guns, explosives, bows and arrows, or flammable materials on an airport without the written permission of the airport manager. Such permission may be granted by the airport manager when circumstances warrant.

B. All other persons shall immediately surrender all such objects in their possession to the airport manager. (Ord. 365 §3(14), 1978)

13.04.170 Rates and charges

A. The rates and charges for the use of land and facilities of county airports shall be those established from time to time by resolution or minute order of the board of supervisors of the county.


B. The rates established pursuant to subsection A of this section for tie-down fees at the county airports shall be collected in a manner established by the board of supervisors. The fee shall be paid by the user of the tie-down within ten days thereof. (Ord. 1008 §1, 1982)

13.04.180 Violation—Penalty

A. Any person opera-ting or handling any aircraft, vehicle, equipment or appar-atus or using an airport or any of its facilities in violation of the rules and regulations that may be prescribed or refusing to comply therewith, may be promptly removed from the airport; moreover, for cause, any person might be deprived of and refused the further using of the airport and its facilities by the airport manager upon the order of his superior-authority or his own initiative for such length of time as may be required to insure the safeguarding of the airport and the public and its interest therein. The air-port manager shall exercise discretion in this matter. If unnecessary hardship results, appeal may be made to the public works director and/or the board of supervisors.

B. Any person, firm or corporation who shall violate or refuse to abide by any of the provisions of this chapter, or any of the rules and regulations set forth in any section of this chapter, or any of the provisions of law incorporated herein shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed the sum of five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. (Ord. 365 §4, 1978)

Chapter 13.08

CEMETERIES

Sections:

13.08.010 Cemetery advisory commissions.

13.08.020 Superintendent of buildings and grounds.

13.08.030 General duties of cemetery advisory commissions.

13.08.040 Fees.

13.08.050 Rules and regulations of Trinity County cemeteries.

13.08.060 Property rights.

13.08.070 Historic value.

13.08.010 Cemetery advisory commissions Cemetery advisory commissions for each individual cemetery or group of cemeteries shall be appointed by the board of supervisors. Members of an appointed cemetery commission shall serve a two-year term without compensation except that the board of supervisors may, by resolution, provide for payment of mileage incurred for attendance at out-of-town meetings. A commission shall consist of up to five individuals. (Ord. 1164 §1(part), 1992)

13.08.020 Superintendent of buildings and grounds The superintendent of buildings and grounds shall be responsible for the operation and maintenance of all county cemeteries under the direction of the county administrative officer. (Ord. 1164 §1(part), 1992)

13.08.030 General duties of cemetery advisory commissions Each appointed commission shall annually, by a majority vote, select a chairperson to preside over the commission. Commissions may assist the superintendent by providing input and recommendations on the budget for the cemeteries under its jurisdiction. The budget will be reviewed and submitted to the county administrative officer and the board of supervisors for final adoption. Each appointed commission may recommend policies regarding the operation and maintenance of the cemetery under its jurisdiction, subject to approval of the board of supervisors. Each commission shall meet regularly, and all funds col-lected by authorized commissions, buildings and grounds superintendent or his designated representative, shall be deposited with the county treasury. Each commission shall inspect the records and accounts of the cemeteries under its jurisdiction periodically. (Ord. 1164 §1(part), 1992)

13.08.040 Fees There shall be a schedule of fees for burial in county-owned cemeteries. Such fees shall be established and periodically changed by the board of super-visors by resolution. (Ord. 1164 §1(part), 1992)

13.08.050 Rules and regulations of Trinity County ,cemeteries

A. These rules and regulations shall apply to all county-owned cemeteries, except Weaverville Cemetery; provided, however, that the board of supervisors may adopt additional policies or modify existing policy by resolution.

B. Fees for plots reserved after the effective date of the ordinance codified in this chapter shall be paid within ninety days after the same has been reserved unless other arrangements have been made with the county.

C. The cemeteries shall be governed by the following general rules and procedures:

1. All interments and disinterments are subject to these rules and regulations and to all state and local laws, ordinances and regulations;

2. No interment shall be held at the cemetery, and no remains can be disinterred or removed from the cemetery, until


the permits required by state and local authorities, fees, or contract for services have been received by the person in charge of the cemetery;

3. Each person, firm, corporation or funeral home requesting a burial in the cemetery shall contact the county or other designated personnel to schedule such burial before making the time of burial public;

4. Effective January 1, 1992, each person, firm, corporation or funeral home requesting a burial in the cemetery shall be responsible for opening and closing of the gravesite, at the location designated by the superintendent of buildings and grounds or his designated personnel;

5. Burial rights in a cemetery lot may be purchased from the county at such locations as designated by the superintendent of buildings and grounds. Payment shall be made in cash or check. Upon payment in full, a certificate of burial rights shall be issued to the purchaser;

6. Not more than one casketed remains may be interred in any lot unless double depth interment is requested before the first burial is made. If a double depth interment is anticipated, the first coffin shall be placed in a solid concrete container and in accordance with the appropriate fee schedule. Multiple cremains may be interred in the same plot;

7. The number of multiple interments or cremated remains per gravesite shall not exceed five unless approved otherwise by the superintendent of buildings and grounds;

8. Each person or persons in charge of making arrangements for interment shall receive a copy of the cemetery property rights, rules and regulations, and a copy of the fee structure from the division of buildings and grounds;

9. Cremains will not be held by the county for more than thirty days before interment. After thirty days, cremains will be interred in a plot selected by the superintendent of buildings and grounds. A fee will be charged for disinterment and/or reinternment;

10. No domestic animals will be allowed on cemetery property. The owners of any animals found on cemetery property will be responsible for any damages caused by their animal;

11. Reserve plots may be reserved and paid for over a twelve-month period. If full payment is not made within this twelve-month period, the contract shall be determined null and void and prior payments forfeited. Interments, by signed contract, require payment within ninety days. If accounts are not paid in full at the end of these time periods, the county will pursue collection of debts through legal means;

12. During the spring and summer moving season, all flowers, plastic and real, may be removed once every ten days in both the Weaverville and Hayfork cemeteries in order to properly maintain the grass. A schedule of mowing days will be posted at each cemetery by the buildings and grounds division and will be advertised in the local newspaper. Any flowers remaining on a gravesite on a scheduled mowing date will be disposed of by the buildings and grounds personnel;

13. Artificial flowers shall be treated the same as fresh flowers. If the flowers start to discolor, fade, or deteriorate, cemetery employees will remove and dispose of them.

D. Only ground level markers/headstones may be used for grave markets in the cemeteries in Trinity County. Exceptions to this rule will require prior approval by the superintendent of buildings and grounds. No markets shall be placed before full payment is received for county burial services.

E. Liners shall be required in all county-owned cemeteries. All liners must comply with California Health and Safety codes. (Ord. 1206, 1996; Ord. 1164 §1(part), 1992)

13.08.060 Property rights

A. The county disclaims all responsibility for the loss or damage to property with-in county-owned cemeteries from any cause including, but not limited to, damage caused by the elements, acts of God, common enemies, vandals, or malicious mischief.

B. Property rights and the rights of interment within the county cemeteries shall be in accordance with the laws of the state of California.

C. The county shall not maintain living memorials placed on grave sites. Ongoing maintenance of living memorials shall be the responsibility of the individual(s) placing the memorial. Living memorials shall be evergreen and planted under the direction of cemetery personnel.

D. The county reserves the right to remove from any lot, plot or grave within the county, any grave coverings or improvements, when such grave coverings or improvements become in the opinion of the superintendent unsightly, or in a condition of apparent deterioration or a hazard to the health, safety or welfare of visitors to the cemetery. Any major changes or alterations will be discussed with the appropriate commission prior to work being done.

E. The county reserves the right to remove from any lot or plot within the cemetery, trees, shrubs, artificial plants or flowering plats when such trees, shrubs or plants in the opinion of the superintendent become dangerous, injurious or detract from the appearance of the cemetery. Any major changes or alterations will be discussed with the appropriate commission prior to work being done.

F. The county will cease scheduling burials in the lower six rows of the Weaverville cemetery. For those people who have reserved plots before the effective date of the ordinance codified in this chapter, in the event that a burial takes place and remains are discovered in the plot, interment will take place in an alternative plot and the family will hold the county harmless.

G. The county will cease scheduling burials in the area known as the toilet area in Section E of the Weaverville Cemetery. (Ord. 1164 §1(part), 1992)


13.08.070 Historic value The board of supervisors recognizes the historic value of the cemeteries of the county and declare it to be the policy of the county that the historic value of the cemeteries shall be maintained. (Ord. 1164 §1(part), 1992)

Chapter 13.10

ALTERNATIVE PROGRAMS TO INCARCERATION*

Sections:

13.10.010 Title.

13.10.020 Findings.

13.10.030 Authorization.

13.10.040 Administration.

13.10.050 Workers' compensation.

13.10.060 Program fees.

* Prior ordinance history; Ord. 1137

13.10.010 Title This chapter shall be known as the "Alternative Programs to Incarceration." (Ord. 1182 §1, 1993)

13.10.020 Findings The board of supervisors finds the employment and educational situation within this county makes it desirable that such prisoners as may be suitable be encouraged to participate in their continuing education and employment whenever possible while serving terms of incarceration in the Trinity County Jail. Programs to assist incarcerated persons to further their educational and employment opportunities are of a significant benefit to the individual and the community and may have a positive future impact on reducing public offenses in this county. (Ord. 1182 §2, 1993)

13.10.030 Authorization The Trinity County sheriff is authorized to implement and administer the following alternative to incarceration programs:

A. A work furlough program pursuant to the provisions of Penal Code Section 1208, and any administrative regulations which have been adopted thereunder;

B. A home detention program under the provisions of Penal Code Section 1203.016, and any administrative regulations which have been adopted thereunder;

C. A work release program under the provisions of Penal Code Section 4024.2, and any administrative regulations which have been adopted thereunder. (Ord. 1182 §3, 1993)

13.10.040 Administration Insofar as required by the authorizing statute or regulation, the Trinity County sheriff is designated as the administrator of those programs authorized by Section 13.10.030. The Trinity County sheriff shall operate each program in strict compliance with statutory and regulatory provisions made applicable to such programs and as may be required by this chapter. As required and authorized by law, the sheriff shall:

A. At the sheriff's sole discretion, where there will be no net cost to Trinity County, enter into reciprocal agreements with other counties regarding the acceptance of such counties' prisoners for participation in such programs;

B. Comply fully with all statutes and regulations made applicable to such programs, including, but not limit-ed to Penal Code Sections 1203.016, 1203.2, 1203.3, 1209 and 4024.2, as they may now exist or as amended in the future;

C. Modify any such programs to suit future needs and ensure success; provided, that any such modifications involving additional expense to the county shall be subject to approval of the board of supervisors;

D. Collect those fees adopted by the board of super-visors which are made applicable to participation in the programs, and deposit such fees to the credit of the general funds of the county;

E. Operate such programs with due care and diligence, giving due regard to public safety;

F. Establish, in cooperation with the county auditor, an accounting system whereby all costs and benefits relating to the programs can be identified and reported;

G. Annually provide a report to the board of supervisors, in such format as it shall prescribe, detailing the costs and offsetting benefits of the programs, including a summary of negative incidents related to the operation of the programs. (Ord. 1182 §3, 1993)

13.10.050 Workers' compensation Prisoners performing labor on behalf of public agencies within Trinity County pursuant to Penal Code Section 4024.2 shall be covered by the county's workers' compensation program, subject to the payment by the prisoner of the fees prescribed by the board of supervisors. Ord. 1182 §4, 1993)

13.10.060 Program fees The board of supervisors shall by resolution prescribe the fees which are applicable to the programs authorized by this chapter. (Ord. 1182 §5, 1993)


Chapter 13.12

TRINITY MOUNTAIN CAMP

Sections:

13.15.010 Title.

13.15.020 Findings and Purpose.

13.15.030 Establishment.

13.15.040 Determination of Unfitness

13.15.050 Administration

13.12.010 Title This Chapter shall be known as the Trinity Mountain Camp Ordinance.

13.12.020 Findings and Purpose

A. Welfare and Institutions Code section 881 allows any county, by ordinance, to establish juvenile camps within the county to which juvenile wards of the court, as described in section 602 of the Welfare and Institutions Code, may be committed.

B. Trinity County has a Juvenile Hall located in the town of Weaverville, California, managed and operated by the Trinity County Probation Department, for the purpose of housing juvenile wards committed thereto, as persons fitting the description in Welfare and Institutions Code section 602.

C. The Juvenile Hall has available six beds to be designated as juvenile camp beds pursuant to Welfare & Institutions Code section 881. The Board of Supervisors of the County of Trinity hereby find that it is in the best interest of the juvenile wards subject to commitment to the Juvenile Hall, and the County of Trinity, that these beds be made available for a juvenile camp, to allow additional options for commitment to the Juvenile Hall for wards described in Welfare and Institutions code section 602.

13.12.030 Establishment There is established a juvenile camp at the Juvenile Hall to be known as Trinity Mountain Camp, consisting of six beds as designated by the Probation Department's Chief Probation Officer. A separate dorm at the Juvenile Hall shall be designated as Trinity Mountain Camp, consisting of four beds, with two additional beds to be located outside of the Camp dorm, but within the confines of the Juvenile Hall, so that juveniles of both genders may be committed to the Juvenile Camp.

13.12.040 Determination of Unfitness Where any ward proves to be unfit to remain in the Juvenile Camp facility, in the opinion of the Chief Probation Officer, then the Chief Probation Officer for Trinity County shall recommend consideration for other commitment to the Presiding Judge of Trinity County Superior Court, or to the probation department of the County that placed the ward, if the ward was committed by another county.

13.12.050 Administration Complete operation and authority for the administration of Trinity Mountain Camp shall be vested in the County of Trinity."

Chapter 13.15

COUNTY MANAGED TREES

Sections:

13.15.010 Title.

13.15.020 Definitions.

13.15.030 Applicability.

13.15.040 Interference with county while performing operations.

13.15.050 Community tree advisory committee—Duties, membership and terms.

13.15.060 Duties and responsibilities.

13.15.070 Tree planting on county owned and managed lands or facilities —specifications.

13.15.080 Undesirable tree species.

13.15.090 Suggested tree species.

13.15.100 Tree topping.

13.15.110 Tree maintenance.

13.15.120 Tree removal.

13.15.130 Tree care and removal companies.

13.15.140 Emergencies and exemptions for tree topping or removal.

13.15.150 Penalties.


13.15.160 Supersede existing ordinances.

13.15.010 Title This chapter shall be known as the "county managed trees ordinance." (Ord. 1235 §1(part), 1999)

13.15.020 Definitions As used in this chapter:

"Board" means the Trinity County board of supervisors. "County owned and maintained trees" means trees situated within the county rights-of-way, county owned and managed parks, or other county owned and managed places and facili-ties within the Weaverville community plan designated ar-eas.

"Large tree" means any tree species which normally attains a full-grown height in excess of fifty feet.

"Medium tree" means any tree species which normally attains a full-grown height of between twenty-six feet and fifty feet.

"Person" means any person, corporation, partnership, company, contracting firm or other entity including those employed under a contract with the county of Trinity.

"Small tree" means any tree species which normally attains a full-grown height of under twenty-six feet.

"Tree topping" means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

"Undesirable tree species" means tree species that has growth, fruiting, or other characteristics that are inap-propriate on county lands and/or facilities. Typically undesirable characteristics may include shallow rooting that will displace pavement, sidewalks and other improve-ments, tall trees that may interfere with overhead utili-ties, trees that produce strong unpleasant odors or prolif-ic fruit or other undesired characteristic. (Ord. 1235 §1(part), 1999)

13.15.030 Applicability This ordinance provides full power and authority over county owned and maintained trees, and to all trees and shrubs located on county owned and maintained facilities that constitute a hazard or threat as described in this chapter. (Ord. 1235 §1(part), 1999)

13.15.040 Interference with county while performing operations It shall be an infraction of the county code (Title 1, Section 1.20.010) for any person to prevent, delay or interfere with the county or any of its agents while engaging in and about the planting, cultivation, mulching, pruning or removing of any county owned and man-aged tree, as authorized in this ordinance. (Ord. 1235 §1(part), 1999)

13.15.050 Community tree advisory committee—Duties, membership and terms The community tree advisory commit-tee shall be appointed by the board of supervisors. The committee shall review tree removal and planting needs, provide a long-term tree planting and replacement program and assist the board in pursuing urban forestry grants. The board may designate a member to serve as chairman and authorize the chairman to implement this chapter. The chairman shall determine the appropriate time and place to convene the committee. The chair shall use due diligence in trees managed under this chapter and shall request a full committee meeting when a practice will be outside of the policies contained in this chapter.

The committee members terms shall be four years.

The committee consists of a board of supervisors rep-resentative, director of general services, county risk manager, transportation and planning department representa-tives, CDF forester and entomologist, horticulturist, pri-vate consulting forester, Weaverville-Douglas city parks and recreation district, Weaverville architectural commit-tee and interested county owned and managed members as determined by the board. (Ord. 1235 §1(part), 1999)

13.15.060 Duties and responsibilities. The community tree advisory committee, or its designee, is granted the duties and responsibilities to study, investigate, counsel, develop and update annually an administrative written plan

for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs, in parks, along streets and road ways, and other county owned and managed areas. Such a plan will be presented every two years to the board and, upon their acceptance and approval, shall constitute the official comprehensive community tree plan. The committee shall also, when requested by the board, consider, investigate, make findings, reports and recommen-dations upon any special matter of question coming within the scope of its work. Lastly, the committee shall have any other duties as granted to it by the board. (Ord. 1235 § 1(part), 1999)

13.15.070 Tree planting on county owned and managed lands or facilities—Specifications Any person may plant a tree within the county owned and managed right-of-way immediately adjacent to his property provided the following conditions are met:

A. A proposal shall be submitted at least fifteen days prior to tree planting, stating the type and size of tree to be planted, location and method to water the tree for the first three years. The proposal shall be submitted to the Trinity County planning department.

B. If the tree is proposed to be planted within the Weaverville portion of District II of the architectural review and preservation special treatment zone it shall conform to the requirements of Section 29.5 of the Trinity County Zoning Ordinance (Ord. 315).

C. An encroachment permit is obtained from the Trini-ty County transportation department, if necessary.

D. The tree to be planted is not an undesirable tree species, as provided in this chapter.

E. The tree location is to be at least twenty feet from the curb of an intersection of a street or road and outside the


sight triangle as determined by the Trinity County department of transportation.

F. The tree location is to be at least ten feet from fire hydrants or utility poles.

G. A small tree shall be used when planting under or within the lateral ten feet of overhead utility wires. A small or medium tree is to be used when planting between and within ten or twenty lateral feet of overhead utility wires.

H. The minimum distance between the tree and the edge of the street or road (curbline) is six feet for all county owned and maintained trees unless an exception is granted by the community tree advisory committee and the department of transportation.

I. No tree shall be planted in the street right-of-way between the street curb and the sidewalk, commonly called the utility strip, unless an exception is granted by the community tree advisory committee and the department of transportation.

J. The person planting the tree agrees to maintain the tree after it is planted. (Ord. 1235 §1(part), 1999)

13.15.080 Undesirable tree species The tree adviso-ry committee, or its designee, shall prepare a list of trees which have characteristics that make them unaccept-able for use as county owned trees and are not allowed for planting as county owned and maintained trees.

Undesirable traits for county owned and managed plant-ings include disease or insect problems, dirty, dropping branches, objectionable fruit or bark, weak wooded (apt to lose large branches in wind or with age), short lived, unpredictable or irregular habits, root problems (shallow and destructive roots), and unsafe, dangerously thorny or poisonous trees. (Ord. 1235 §1(part), 1999)

13.15.090 Suggested tree species The tree advisory committee", or its designee, shall prepare a list of trees with characteristics which make them acceptable for use as county owned and maintained trees and which are recommended for county owned and maintained trees. (Ord. 1235 §1(part), 1999)

13.15.100 Tree topping Topping any county owned and managed tree, without the approval of the community tree advisory committee, or its designee, is prohibited, except when trees have been severely damaged by storms or other causes, or certain trees under utility wires or other ob-structions where other pruning practices are necessary as determined by the community tree advisory committee, or its designee. An exception to this section is allowed under Section 13.15.140 for county agencies that must maintain trees as part of their normal duties and where an immediate hazard is deemed to exist.

If replacement of large disfigured trees with small trees is possible, the practice is highly encouraged. (Ord. 1235 §1(part), 1999)

13.15.110 Tree maintenance It is unlawful, punish-able as an infraction, for the owner or occupant of any lot to permit any tree to grow in a manner which interferes with normal sidewalk traffic located on such lot, or on county owned and managed right-of-way adjoining such lot, or street or road traffic, or that grow so as to pose a threat to the safety of county owned and managed rights-of--way due to obstruction of view, obstruction of passage or any other manner.

Nothing in the foregoing sections shall prohibit the county or its authorized agent(s) from making such alter-ations in county owned and maintained trees as necessary to protect its reasonable interests. (Ord. 1235 §1(part), 1999)

13.15.120 Tree removal No person shall remove, cut above the ground, or disturb any county owned and managed tree without approval of community tree advisory committee, or its designee. An exception to this section is allowed under Section 13.15.140 for county agencies that must main-tain trees as part of their normal duties and where an immediate hazard is deemed to exist.

In all cases, the person or agency removing a tree shall comply with the following standards:

A. The area is refilled to ground level with soil, so as to prevent the creation of a hole.

B. The area is reseeded or planted in other appropri-ate manner.

C. There is no damage done to any property belonging to the county or other third party.

D. The entire removal may be done without danger or inconvenience to the county.

E. It shall specifically be the responsibility of the landowner to insure that the foregoing are complied with. Any violation or damages resulting from improper tree re-moval shall be prosecuted directly against the landowner.

F. Within the Weaverville portion of District II of the architectural review and preservation special treatment zone (Section 29.5 of the Trinity County Zoning Ordinance, Ord. 315) the historical district advisory committee shall be consulted per the requirements of the zoning ordinance. (Ord. 1235 §1(part), 1999)

13.15.130 Tree care and removal companies The coun-ty shall maintain a list of tree care and removal companies or individuals known to work in Trinity County. This list shall be developed by review of listing in the yellow pages of the local phone book, consultation with the California Department of Forestry, local nursery owners and other reasonable means to identify such companies or individuals. This list shall be made available to interested persons for reference purposes. (Ord. 1235 §1(part), 1999)

13.15.140 Emergencies and exemptions for tree topping, or removal The Trinity County general services depart-ment, Trinity County transportation department, and emer-gency service agencies including: Trinity County PUD, telephone company, sheriff's department, fire department, CDF or others may top or remove, or contract for the top-ping or removal


of, trees without consultation with the community tree advisory committee, where they determine that an immediate hazard exists. Where such action is tak-en, the agency(s) shall notify the planning department of the action and any necessary follow-up actions.

In areas outside of the historic district, county agencies that must maintain trees as part of their normal duties may top or remove trees without community tree advi-sory committee permission, provided that they notify the advisory committee at least ten days in advance of such actions. The advisory committee can request an onsite inspection to evaluate the need for topping or removal and can recommend alternative actions for the agency to consid-er as it deems appropriate.

For nonemergency tree removals within the Weaverville portion of District II of the architectural review and preservation special treatment zone (Ord. 315, Section 29.5) the historical district advisory committee shall be consulted per the requirements of the zoning ordinance. (Ord. 1235 (part), 1999)

13.15.150 Penalties Any person who damages or de-stroys county owned or maintained trees in the area rele-vant to this chapter, upon being found guilty, shall be subject to an infraction for each separate offense. (Ord. 1235 (part), 1999)

13.15.160 Supersede existing ordinances The ordi-nance codified in this chapter shall supersede Trinity County ordinances to the extent that the provisions of this chapter conflict with prior ordinances. (Ord. 1235 §1(part), 1999)