Loading...
HomeMy WebLinkAboutc6adoptamendmentstotreeordslacklining FROM: Shelly Stanwyck, Parks and Recreation Director Prepared By: Ashley Villarreal, Administrative Analyst SUBJECT: FINAL ADOPTION OF AMENDMENTS TO TREE ORDINANCE 12.24.150 (SLACKLINING) RECOMMENDATION Adopt Ordinance No. 1596, amending Section 12.24.150 of the Municipal Code pertaining to Tree Regulations and slacklining in defined City parks. DISCUSSION On February 18, the City Council voted 5 to 0 to introduce Ordinance 1596, amending Section 12.24.150 of the Municipal Code. The ordinance has been amended as directed by the City Council to include the provision that slacklines shall be attached in a manner so that they are no more than four feet above the ground when in use. A summary of Ordinance No. 1596 has been published in the local newspaper as follows: TREE ORDINANCE REVISION SUMMARY Chapter 12.24 Tree Regulations, Section 12.24.150 Protection of Trees of the San Luis Obispo Municipal Code is amended to allow slacklining in defined City parks. Not considered City parks: Community Gardens, Damon-Garcia Sports Fields, Historic Jack House and Gardens, Laguna Lake Golf Course, Mission Plaza, all Open Space areas and all Mini Parks. At all times slacklining shall require specified tree protection and follow specified safety requirements and may not interfere or displace any existing activities. The ordinance is now ready for adoption and will become effective 30 days after the date of its final passage. ATTACHMENTS 1. Tree Ordinance Revisions - Legislative Draft 2. Ordinance No. 1596 (2014 Series) t:\council agenda reports\2014\2014-03-18\tree ordinance 2nd reading (stanwyck-villarreal)\car_tree ordinance 12.24.150 2nd reading.docx Meeting Date Item Number 3/18/14 C6 - 1 Attachment 1  Tree Ordinance 12.24.150 Revisions (Slacklining)  12.24.150 Protection of trees. A. No person shall: 1. Trim, prune or cut any tree unless such work conforms to this chapter and is performed in accordance with all International Society of Arboriculture standards. In no case shall more than one-third of the tree canopy be removed. 2. Interfere, or cause any other person to interfere, with employees of the city who are engaged in planting, maintaining, treating or removing any tree or removing any material detrimental to the tree. 3. Willfully injure, disfigure or intentionally destroy by any means any tree, except with permits described elsewhere in this chapter. 4. Construct concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, to shut off air, light or water from the roots, except under written authority from the public works department. 5. Place building material, equipment or other harmful substance near any tree, which might cause injury to the tree. 6. Post any sign on any tree, tree-stake or guard, or fasten any guy wire, cable or rope to any tree, tree-stake or guard, except when said activity relates to slacklining (the act of balancing and tight rope style walking on a suspended line) and is conducted in an area designated by city council resolution for slack lining. 7. Plant any street tree except according to policies, regulations and specifications established pursuant to this chapter or any currently applicable ordinances or code sections. B. Tree-stakes or guards may be placed around street trees by property owners for the purpose of protecting or training the trees, with approval of the director. C. It shall be unlawful for a property owner to maintain a tree or shrubbery hazard as described in Section 12.24.100 and identified by city inspection. D. Any tree required to be planted must be maintained in good health or replaced by the property owner. E. Any person or contractor deemed responsible for damaging any tree in violation of this chapter shall be liable for penalties to the city according to Section 12.24.170, Enforcement. F. The city council may designate slack lining areas in city parks. Such an area is designated by city council resolution in Meadow Park. (Ord. 1544 § 1 (part), 2010)Slacklining shall be allowed in City parks but not in City open space areas, as follows C6 - 2 Attachment 1  Tree Ordinance 12.24.150 Revisions (Slacklining)  1. For the purposes of this ordinance the following are not considered City parks and slacklining is therefore prohibited in them: a. Community Gardens b. Damon-Garcia Sports Fields c. Historic Jack House and Gardens d. Laguna Lake Golf Course e. Mission Plaza f. All Open Space areas g. All Mini Parks 2. At all times slacklining shall require the following tree protections: a. Protection shall be placed between slackline and tree of sufficient thickness to protect the tree from wear damage (e.g., carpet, cardboard, towels, felt padding, etc.). b. Protection shall be at least 10 inches wide so the entire anchor (minimum 1 inch of material) is prevented from contacting the tree. c. Protection shall wrap all the way around the tree. d. Protection shall not be attached to the “anchor” (ie knotted portion), so if the anchor were to move, the bark would not be affected. e. All anchors shall be attached in a manner so that the slackline is no more than 4 feet above the ground when in use. 3. Slacklines shall not: a. Be attached to trees less than 12 inches in diameter at attach point. b. Cross walkways, sidewalks, bike paths, streams, or drainage areas. c. Interfere or displace any existing activities planned for or occurring in parks. d. Be left unattended or remain affixed to any tree overnight. e. Be attached to trees adjacent to group activity areas, picnic areas, and or play equipment. f. Be attached between anything other than trees. 4. Slacklining shall be allowed only during daylight hours and lines shall at all times when affixed to any City tree be designated with ribbons or streamers attached thereto for visibility. C6 - 3   R 1596 ORDINANCE NO. 1596 (2014 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 12.24.150 OF CHAPTER 12.24 OF THE MUNICIPAL CODE TO ALLOW SLACKLINING IN CITY PARKS WHEREAS, the City Council of the City of San Luis Obispo approved a pilot program on August 2, 2008 allowing slacklining in a designated area of Meadow Park by adopting a resolution to temporarily suspend enforcement of Section 12.24.150 of the Municipal Code; and WHEREAS, the Parks and Recreation Commission took public testimony on August 21, 2013, addressing the acceptance of the slacklining program and the desire to expand to designated areas within all City parks; and WHEREAS, the Parks and Recreation Commission created a sub-committee to review modified text of the proposed documents in response to public testimony; and WHEREAS, the Parks and Recreation Commission voted to recommend proposed ordinance revisions allowing slacklining in all City parks, as defined, to City Council on February 18, 2013; and WHEREAS, on December 3, 2013, the Tree Committee voted to recommend proposed ordinance revisions allowing slacklining in all City parks, as defined, to City Council on February 18, 2013; and NOW, THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 12.24.150 F of Chapter 12.24 of the Municipal Code (Protection of Trees), of the Tree Regulations of the San Luis Obispo Municipal Code is hereby amended to read as follows: 12.24.150 Tree Protection; Slacklining Regulations F. Slacklining shall be allowed in City parks, but not in City open space areas, as follows 1. For the purposes of this ordinance the following are not considered City parks and slacklining is therefore prohibited in them: a. Community Gardens b. Damon-Garcia Sports Fields c. Historic Jack House and Gardens d. Laguna Lake Golf Course e. Mission Plaza f. All Open Space areas g. All Mini Parks 2. At all times slacklining shall require the following tree protections: C6 - 4 Resolution No. 1596 (2014 Series) Page 2 a. Protection shall be placed between slackline and tree of sufficient thickness to protect the tree from wear damage (e.g., carpet, cardboard, towels, felt padding, etc.). b. Protection shall be at least 10 inches wide so the entire anchor (minimum 1 inch of material) is prevented from contacting the tree. c. Protection shall wrap all the way around the tree. d. Protection shall not be attached to the “anchor” (ie knotted portion), so if the anchor were to move, the bark would not be affected. e. All anchors shall be attached in a manner so that the slackline is no more than 4 feet above the ground when in use. 3. Slacklines shall not: a. Be attached to trees less than 12 inches in diameter at attach point. b. Cross walkways, sidewalks, bike paths, streams, or drainage areas. c. Interfere or displace any existing activities planned for or occurring in parks. d. Be left unattended or remain affixed to any tree overnight. e. Be attached to trees adjacent to group activity areas, picnic areas, and or play equipment. f. Be attached between anything other than trees. 4. Slacklining shall be allowed only during daylight hours and lines shall at all times when affixed to any city tree be designated with ribbons or streamers attached thereto for visibility. SECTION 2. Ordinance number 1544 (2010 Series) is hereby amended and superseded to the extent inconsistent herewith. SECTION 3. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 2nd day of October 2013, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 18th day of February 2014, on the following vote: AYES: Council members Ashbaugh, Carpenter and Smith, Vice Mayor Christianson and Mayor Marx NOES: None ABSENT: None ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ C6 - 5 Resolution No. 1596 (2014 Series) Page 3 Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney C6 - 6