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Current Council Agenda and Past Meeting Information



Meeting Date: November 9, 2004

Subject/Title: An Ordinance of the City Council of the City of Brentwood creating a new Title 7, Parks and Recreation, including such subjects as parks, trees and shrubs, heritage tree preservation, recreational uses and trails and deleting Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees.

Prepared by: Tammy Homan, Administrative Secretary
Poldina Scherff, Recreation Services Manager
Ken De Silva, Park Services Manager

Submitted by: Craig Bronzan, Director Parks and Recreation

Approval of Park and Recreation Commission’s recommendation to create a new Title 7, Parks and Recreation, including such subjects as parks, trees and shrubs, heritage tree preservation, recreational uses and trails and deleting Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees.

Approval of Park and Recreation Commission’s recommendation to create a new Title 7, Parks and Recreation, including such subjects as parks, trees and shrubs, recreational uses and trails and deleting Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees, and direct staff to make changes as determined by City Council to Chapter 7.04 Heritage Tree Preservation for consideration at a future City Council meeting.

The City established a Parks and Recreation Department in July of 1999 as a result of the merger with the Brentwood Recreation and Park District.

On June 24, 2004, the Park and Recreation Commission unanimously approved a staff recommendation to bring this document forward to City Council for adoption.

On October 26, 2004, City Council considered this item and continued the Public Hearing to November 9, 2004.

The City of Brentwood Park and Recreation Ordinance, Chapter 9.48 Use of City Park has not had a thorough review since 1996. At that time, there was no City Park and Recreation Department as the Brentwood Recreation and Park District provided park and recreation services. As a result, the ordinance was very broad and generic. Also at that time, the District had no responsibility for City owned street trees, as they were the responsibility of the City’s Public Works Department. Chapter 12.16 Street Trees, which outlines street tree responsibilities, has not had a thorough review since 1977.

With the establishment of a City of Brentwood Parks and Recreation Department in July 1999, as a result of a merger with the Brentwood Recreation and Park District, the Department’s initial focus was concentrated on the expansion of recreation programs, development of new facilities, and completion of a comprehensive Parks, Trails and Recreation Master Plan, which was approved by City Council in June 2002. The Department became responsible for the maintenance of Lighting and Landscape Districts, roadway medians, and street trees in July 2000. Since approval of the Master Plan, staff has been working with the Park and Recreation Commission and staff from all City departments for a complete review of the ordinance to ensure the most up-to-date laws and regulations were appropriate and enforceable. And as the existing ordinance is so brief, staff has used as reference, similar ordinances of other cities to make sure the review was comprehensive and as complete as possible.

In review of the ordinance, it was felt that such a large volume of information needed to be added and revised, that it made more sense to create a new title than to try to amend the existing chapters. As a result, staff’s recommendation is for the creation of a new Title 7 - Parks and Recreation, which includes a merging of Chapters 9.48 and 12.16, and the deletion of Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees.

This new recommendation has been reviewed by all City departments and the Park and Recreation Commission over the past year to make sure the ordinance is up-to-date, enforceable, eliminates duplication, and is useable as the City grows. The new ordinance brings into a single chapter, all information related to Parks and Recreation. As there was a need for such a large change in the ordinance, there are a number of new recommendations that require special consideration for their approval.

As a general overview, the new recommended ordinance is laid out as follows:

Chapter 7.01 Purpose and Definitions
This part of the chapter has been expanded substantially to clarify the purpose of the section and to describe the definitions of terms within the ordinance.

Chapter 7.02 Parks and Facilities
This part of the chapter discusses the regulations associated with the use of Parks and Facilities. Included are items relating to applications for use, permits, insurance and security requirements, specific use of areas, hours of operation, use of lights, alcoholic beverage regulations, smoking designated areas, closing of parks, the skate park, an extensive list of acts prohibited in parks and facilities, traffic and parking regulations, sale of merchandise, donations/dedications, and excessive noise. Chapter 7.02 is the central section that governs use of parks and facilities, which as been greatly expanded as the City is now responsible for the direct programming and supervision of parks and recreation.

Chapter 7.03 Trees and Shrubs
This part of the chapter, which is an expansion of what was contained in Chapter 12.16, Street Trees, was last revised in 1977. The section sets regulations as they relate to trees and shrubs on City property and public right-of-way. Included is information on permits required related to trees and shrubs and maintenance responsibilities. These provisions are in accordance with the City of Brentwood Standard Plans and Specifications, Engineering Procedures Manual, and the Urban Forest Guidelines that have already been approved by City Council.

Chapter 7.04 Heritage Tree Preservation
This part of the chapter is a new addition to the Brentwood Municipal Code. This section sets the purpose and intent for Heritage Tree Preservation, exceptions, permits process, the process for hearings and appeals, mitigation, the establishment of a tree board, new property development, how emergencies are handled, how to protect trees, pruning and maintenance, public utilities, insurance, and fines and penalties.
Chapter 7.05 Recreation
This part of the chapter establishes the City’s service area boundaries and City Council adopted fees, and defines what an organized league is for enforcement of use of facilities.

Chapter 7.06 Trails
This part of the chapter establishes regulations for usage of our trails by pedestrians and vehicular traffic and provides specific rules that are posted for our trail areas.

Chapter 7.07 Applicability of Other Laws
This part of the chapter is the administrative requirement for the end of the chapters and action taken in this recommendation.

As a result of the discussion between staff and City Council on the recommended ordinance at the October 26, 2004, City Council meeting, staff is providing the following points for further discussion and consideration:

1. Comment/Notes Contained within the Staff Report/Draft Ordinance
At the City Council meeting of October 26th, four working comments showed up on the final document that City Council was able to view. These comments were working comments that had been a part of the various drafts that staff had been working on and should have not shown in the document. An error in the conversion from a Word document to the pdf file used for the e-Packet is the reason these comments showed up. Staff has discovered that cleaning a Word document of all tracking changes that have occurred during the evolution of the document for its final draft do not necessarily disappear when the document becomes a pdf file. Staff will continue to work with the City Clerk and staff to insure this doesn’t happen again in any City documents. All of the comments were addressed during the creation of this document and are explained below:

7.02.020 – C
Comment: What are your thoughts on the highlighted sentence? This might not work well for PONY.
Response: This comment was asked about a former Word draft prior to the current wording for “C” and was mistakenly not removed. The way “C” is now written covers the various organizations or groups that might wish to hold fundraising events. All applications for a fundraising event by an organization or group will be evaluated by the Director and determinations will be made on a case-by-case basis, following this section. The purpose is to limit the “for profit” use of City facilities and would not preclude PONY or other local organizations from using facilities to accomplish the goals of their organization.

Comment: Dennis, do we keep this blank or delete it and number the rest? Please advise.
Response: This was a formatting question that was posed to Dennis Beougher, City Attorney regarding a section that, through the draft process, changed/was deleted prior to the final working of section 7.02.160.

Comment: Dennis, does this wording have to exactly match what’s already in the muni code for section 9.32.020? Please clarify. Thanks!
Response: This comment was mistakenly not deleted from the file as Dennis had verified that “no”, the wording didn’t need to match exactly.

Comment: The old section 7.03.040 has been folded into Section 7.03.080
Response: This comment was inserted as information only for Dennis Beougher to let him know of a change that was made based on a previous question.

2. Discussion Regarding Interactive Inflatable Devices (Section 7.02.180.EE)
One of the recommended additions is Section 7.02.180 which is a comprehensive list of “Acts Prohibited in City facilities and parks. Item “EE” refers to the use of interactive inflatable equipment (such as “jump houses” or “bouncy houses”). The recommendation requires individuals wishing to use an interactive inflatable device to have a permit from the City to insure the provider complies with the insurance requirement and that maintenance staff has the ability to meet with providers ahead of time to designate appropriate areas of use. If the devices are used in the wrong place or use spikes as hold-downs, damage can occur to sprinklers, valves, and/or turf.

The City’s risk management authority (CCMRMA) does not insure the City for actions against the City should someone get hurt on City property as a result of use of jump houses. However, they strongly recommend that if the City does allow the devices to be used, that the company that provides the device fill out a City permit and provide the City with a certificate of insurance, listing the City as an additional insured on an additional insured endorsement. By requiring this insurance, the primary liability falls on the rental company, rather than the City of Brentwood.

Staff feels that jump houses are popular devices for events for children and community activities and they require open space for their use. City-owned public property is going to be one of the areas that people will want to, and currently do, use them. Therefore, we would recommend that we have an ability to control their use. If we do not allow jump houses in our parks by ordinance, it will become an enforcement issue, a maintenance issue, as well as a liability issue for the City as there will be no coverage for the City.

Staff is recommending approval of the ordinance as recommended will allow staff to monitor the use of these devices and ensure that uses are permitted, that our parks remain undamaged by the equipment, and there is coverage of insurance for the City should something happen.

3. Discussion Regarding Limited Alcoholic Beverages (Section 7.02.120)
Staff is recommending that alcohol not be allowed at an event being held for a person under drinking age. The purpose of this recommendation is done for a very specific reason: damage to City buildings happens in a greater frequency and to a higher level of damage when alcoholic beverages are allowed. When a facility is used for a traditional adult event and alcoholic beverages are going to be present, staff and Police can make the necessary requirements to insure that security issues are resolved. However, many youth-oriented events happen with adults who show up and consume alcohol and create additional problems. The event organizers sometimes do not want to take responsibility for the problems that occur outside the building with uninvited guests as it was not the intent.

Typical problems that plague the Parks and Recreation Department when alcohol beverages are allowed at youth events are as follows:

• The building is often left with garbage and spills. Normal rentals require a one-hour, two-person clean up. For many rentals with alcohol, it ends up requiring a four-hour, four-person clean up which can use up most, if not all, of the damage deposit.
• The building gets damaged. Rarely does a non-alcoholic use cause building damage. When alcohol is present, staff has to deal with things such as graffiti on wooden and metal doors, broken toilets, and damaged fixtures.
• Drinking occurs outside of building which is not permitted. Staff has had a difficult time getting the assigned security guards to enforce outside the building with adults who may not have been invited.
• Alcohol is not limited/controlled, fights break out, and the number in attendance is often more than the original application specifies as the person who filled out the event form did not anticipate the adults coming on their own.
• Brentwood Police call outs to assist with alcohol-related youth activities occur.

In looking at how other cities handle youth events, staff has found that both Pleasanton and Dublin set restrictions on the use of alcohol at youth events. Pleasanton does not allow it when events are for youth under the age of 21. Dublin doesn’t allow alcohol to be sold or consumed at an event officially designated as a youth event – one at which a majority of the attendees are individuals are under 21 years of age.

Staff is recommending that alcoholic beverages not be allowed at an event being held for a person under drinking age as presented in the proposed ordinance. This will be enforced through the use of the rental application that requires the renter to indicate the type/purpose of the event and what the use requirements are. As all non-City sponsored events require staff to be present, the City has on-site supervision that can close an activity that doesn’t follow use rules and regulations.

However, staff does understand that approval of this recommendation will limit the availability of useable facilities in the community. As a result, if City Council desires to continue to allow City facilities be available, staff is recommending that we increase the damage deposit for use of facilities when alcohol is present from $500 to $750 (the current deposit for non-alcoholic events is $250). This action can be accomplished by directing staff to make an amendment to the City’s Master Fee program, an action that would be brought back to City Council for final approval at a future City Council meeting.

4. Discussion Regarding Chapter 7.04, Heritage Tree Preservation
The purpose of a Heritage Tree Preservation chapter is to recognize that preservation of Heritage Trees enhances the natural scenic beauty, sustains the long-term potential increase in property values, and maintains ecology in our community. There are numerous benefits to preserving our Heritage Trees, including moderating the effect of extreme temperatures, prevention of erosion of topsoil, and an increase in oxygen output. This ordinance does not intend to suggest that all mature trees need to be protected and/or saved. It is understood that all living things have an expected lifespan. Disease, old age and environmental factors take its toll on all living organisms. Our intent is to protect those trees that are mature, and healthy, so others, and future generations, can appreciate them. As the City currently requires all new development to include a specific number of trees in the project, it is the intent of this tree section to protect this requirement for years to come.

This section spells out procedures for applications to remove Heritage Trees for development and specifies how the trees are to be replaced. This section also outlines the procedure for appealing decisions made by the Director of Parks and Recreation and explains how the Tree Board works. The Tree Board recommendation is to include two Park and Recreation Commissioners, one Planning Commissioner, one Parks and Recreation Department staff member, and one Citizen at large. Once approved, the Tree Board will adopt rules and regulations for conducting their business as outlined in the proposed ordinance. If a person wishes to appeal the decision of the Director of Parks and Recreation related to a Heritage Tree issue, the appeal will be made to the Tree Board. If a decision by the Tree Board is appealed, it will then go to City Council for a final determination. This process will continue to provide final authority with the City Council.
Staff has researched Alameda and Contra Costa Counties and has found that 6 cities in Alameda County and 9 cities in Contra Costa County have heritage tree ordinances as follows:

Contra Costa County Alameda County
Antioch Dublin
Concord Fremont
Danville Hayward
Lafayette Oakland
Martinez Pleasanton
Moraga San Leandro
San Ramon
Walnut Creek

Though the above mentioned cities have heritage tree preservation ordinances, they do vary widely as to how they are set up, enforced, and whether they apply to public and/or private property. However, with our current design standard which requires residential trees in neighborhoods, large plantings in parks and City owned open space, and the movement to replant the Marsh Creek corridor, staff feels that Chapter 7.04 as presented will go the farthest to protect the urban forest we are creating.

However, staff understands that the ordinance as presented can create concerns over property rights, pitting neighbors against neighbors, and bringing the City into the role of arbitrator. These are issues that should not be taken lightly. Heritage tree preservation needs to be a consideration for the future of the trees in the City. However, the depth and breadth of its application needs to be defined. As a result, staff has the following additional considerations:

Item A: Related to which property the ordinance would apply:
• City Council could limit this ordinance to public property only, meaning only the City would e responsible to follow the chapter as it relates to public property.
• The City could inventory trees on private property by invitation only, meaning that private property owners could request the City to inventory their property and agree to apply any heritage trees on their property to the inventory that would then be applicable to the ordinance.
• The ordinance could be limited to private property of a certain size or acreage (e.g., 5 acres or more). This would preserve trees on large pieces of property that may be developed in the future to insure that trees were not removed from the property prior to future development.

Item B: Related to Tree Board formation:
• So as not to establish another formal board, the ordinance could name an established board or commission as having the responsibility for this ordinance. Staff would recommend the Park and Recreation Commission or the Planning Commission as the two most appropriate considerations. In this case, staff would make sure that a Certified Arborist reports accompany all actions in case there is not an arborist on the specific board.

Item C: Related to selection of trees:
• The ordinance could be restricted to a smaller number of trees. Possible choices could be trees that are native to California or trees that are contained in the City’s Urban Forest Guidelines. Though there are exceptions listed in the proposed ordinance, the number of applicable trees could be reduced even further.
Staff believes strongly that it is important to protect our heritage trees. The task at hand is to find the right balance for Brentwood. City Council decided that the Public Art Ordinance was an important consideration at the time it was adopted in 2003, but felt that it was appropriate for public and residential projects only. Commercial development was exempted from the ordinance. Staff believes that a Heritage Tree Preservation ordinance is an important consideration and is interested in determining the right approach for Brentwood. If City Council wishes to make modifications to the original recommendation, Council can either make specific recommendations in the body of the proposed ordinance or direct staff to bring back Chapter 7.04 Heritage Tree Preservation with the changes indicated.

This ordinance will bear no fiscal impact on the City or the Parks and Recreation Department. Staff has been waiting for approval of this ordinance for the creation of new park and facility rule and regulation signs, which will be installed as a part of the regular maintenance budget that has been approved by City Council.

Existing Chapters 9.48 and 12.16 from Brentwood Municipal Code

ORDINANCE NO. ________


WHEREAS, the City of Brentwood Park and Recreation Ordinance has not had a thorough review since 1996; and

WHEREAS, the City established a Park and Recreation Department in July of 1999 as a result of the merger with the Brentwood Recreation and Park District; and

WHEREAS, City staff and the City of Brentwood Park and Recreation Commission have undertaken a comprehensive review of the existing ordinance and have made recommendations to City Council for consideration.

Now Therefore, the City Council of the City of Brentwood does ordain as follows:

SECTION 1. The Brentwood Municipal Code is amended to add Title 7, Parks and Recreation, to read as follows:

Title 7

Parks and Recreation

7.01 Purpose and Definitions
7.02 Parks and Facilities
7.03 Trees and Shrubs
7.04 Heritage Tree Preservation
7.05 Recreation
7.06 Trails
7.07 Applicability of Other Laws

Chapter 7.01 Purpose and Definitions

7.01.010 Purpose.

The purpose of this Title 7 is to regulate the use of the parks and recreation facilities of the City in order to provide maximum enjoyment in the use of such parks and facilities and reduce disturbance or interference with the use of surrounding areas.

Title 7.01.020 Definitions.

For the purpose of this Title 7, unless otherwise apparent from the context, certain words and phrases used in this title are defined as follows:
A. “Alcoholic beverage” shall mean alcohol, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
B. "Applicant" shall mean the individual requesting a permit in Section 7.02 or a property owner requesting permission to remove a tree on improved property in Sections 7.03 and 7.04.
C. "Certified or Consulting Arborist" shall mean an arborist who is registered with the International Society of Arboriculture and approved by the Director.
D. "Director" shall mean the Director of Parks and Recreation of the City or Director’s designee.
E. "Facilities" shall include those buildings, parks, landscape areas, ball fields, parking lots, special use facilities, or any portion thereof, under the supervision of the Parks and Recreation Department.
F. "Heritage Tree" shall mean any of the following:
(1) Any single-trunked or multi-trucked tree with one or more trucks with a circumference of fifty five inches (55") or more measured four and one-half feet (4-1/2') above ground level;
(2) Any tree thirty five feet (35') or more in height;
(3) Any tree of particular historical significance specifically designated by official action;
(4) A stand or grove of trees, the nature of which makes each dependent upon the other for survival or the area's natural beauty.
G. “Park” shall mean all property within the city, operated, maintained or controlled by the city, whether such property is used as a park, parkway, greenbelt, tot lot, sports field, internal sidewalk, general trail, parking lot, children’s playground area, picnic area, or is maintained as open space, including undeveloped sites for future parks and includes any structure thereon.
H. "Permit" shall mean a written permit for the permitted use or exclusive use of a park or facility as provided for and defined in this title.
I. “Picnic area” shall mean a special area in a park with tables set aside for the purpose of the consumption of food and beverages.
J. "Picnicker" shall mean a person on an outing or excursion with food usually provided by such person and eaten in the open.
K. "Significant impact" shall mean an unreasonable interference with the normal and intended use of the property. In determining whether there is a significant impact, the typical longevity of the subject tree species, as well as the size of the tree relative to the property, shall be considered. Normal maintenance, including, but not limited to, pruning, and leaf removal and minor damage to paving shall not be considered when making a determination of significant impact.
L. “Skate Park” shall mean a facility designed specifically for riding skateboards, rollerblades and roller skates with sculptured events such as ramps, jumps and bowls, and shall include any hard surface area within forty (40’) of the Skate Park itself.
M. "Sound amplifying equipment" shall mean any electrical or battery operated machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" shall not include standard vehicle radios when used and heard only by the occupants of the vehicle in which the radio is located.
N. “Special event” shall mean any event which is scheduled to take place within the City of Brentwood, including events which will be conducted on or contiguous to a City street, sidewalk, alley or other right-of-way, or other public areas, (or events on private property which are likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic), or which may require special accommodations, regulation, or waiver of the usual traffic laws or controls, or is likely to generate a crowd of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, or which may generate a crowd of sufficient size to restrict access to parks, recreation areas or other public areas, or any event which is likely to result in the need, for public safety reasons, for Police regulation, monitoring and control.

O. “Street” includes all public streets, roads, alleys, parkways and other public rights-of-way of the City. (Ord. 280 § (part), 1977)
P. “Street tree” shall mean any tree which grows within or which overhangs any public street or right of way. Trees planted in designated thoroughfare rights-of-way where access is restricted or prohibited are specifically excluded from this Title.
Q. “Topping” shall mean heading back of the crown and/or creating large stubs without regard to form.
R. “Tree Board” shall consist of two (2) Park and Recreation Commissioners, one (1) Planning Commissioner, one (1) Parks and Recreation Department staff member, and one (1) citizen-at-large.
S. “Vehicle" shall mean any wheeled conveyance, whether motor powered, animal drawn, or self-propelled, including bicycles and any trailer in tow of any size, kind, or description, except baby carriages, wheelchairs, and vehicles in the service of the City parks.

Chapter 7.02 Parks and Facilities

7.02.010 Compliance required.
No person shall enter, be, or remain in any park or facility of the City unless he complies with all the applicable regulations set forth in this chapter.

7.02.020 Special Event permits.

A. An application for a Special Event Permit, as defined in 7.01.020 (N), shall be submitted to the Parks and Recreation Department. Applications are subject to review and approval by all applicable City departments.
B. The Director shall establish, adopt and amend guidelines, policies, rules and regulations for the use of facilities within the boundaries of the City of Brentwood Service Area.
C. Organizations and groups may conduct fundraising activities only for community projects, charitable projects, or educational projects. The Director will evaluate all written requests by an organization to hold a fundraising event and a determination will be made on a case-by-case basis.
D. Nothing in this chapter overrides or exempts the requirements of a Temporary Use Permit (Brentwood Municipal Code Chapter 17.850)

7.02.030 Exclusive use permits.

As there may be situations where an Exclusive Use Permit is necessary, the following conditions apply in addition to the conditions set in 7.02.020 for Special Event permits.

A. Parks and/or facilities shall be made available for the exclusive use and regulated use of by recognized civic groups, nonprofit, service, or youth organizations within the Brentwood service area and for activities sponsored by or supported financially or otherwise by the City, subject to the issuance of a permit by the Director. Nothing in this section shall be deemed to change the status of any City park and/or facility from a public park or public facility to a private park or private facility.

7.02.040 Liability insurance required.

Liability insurance with coverage as determined by the City of Brentwood shall be required for all special events and any other permit, as determined by Director.

7.02.050 Contents of applications.

All applications shall be signed by an authorized representative of the organization sponsoring the activity, and the organization shall be responsible for compliance with all the provisions of this chapter and the regulations established by resolution or by the Director and for all damages resulting from the conduct of the activity sponsored by the organization.

7.02.060 Action on applications.

A. The decision granting or denying such application shall be mailed to the applicant at the address designated on the application.
B. The Director, in granting the application, may impose reasonable requirements and conditions concerning the use of the park or facility by the applicant.
C. The Director is hereby authorized to charge, collect, and waive fees as authorized by City Council.
D. The fee authorized by this chapter shall be set by resolution of the Brentwood City Council.
E. Requirement of a deposit for rentals will be set by resolution of the Brentwood City Council.
F. The Director shall deny the application if the Director finds one or more of the following:
(1) The activity is not sponsored by an organization specified in 7.02.030 or 7.05.040 of this chapter;
(2) The proposed activity or use will unreasonably interfere with, or detract from, the promotion of the public health, welfare, safety, or recreation;
(3) The proposed activity or use is anticipated to incite violence, crime, or disorderly conduct; or
(4) The occupancy load of the park or facility will be exceeded;
(5) The desired park or facility is already scheduled for use;
(6) The applicant fails to provide timely and accurately all required information; or
(7) Prior negative incidents by applicant or history of similar events/activities.

7.02.070 Security requirements.

A. Every person operating, promoting, maintaining or conducting a permitted activity in or at a facility or park shall provide, or cause to be provided, security for the activity based upon the maximum capacity of the building and subject to the review and approval of the Chief of Police, or Director. The cost of such private security shall be borne by the applicant.
B. Every person operating, promoting, maintaining or conducting a permitted activity in or at a facility shall sign a detailed statement, under penalty of perjury under the laws of the State of California, declaring the nature and type of activity to be held in or at the facility or park and the expected number of guests.
C. The Chief of Police, or Director, shall consider, but is not limited to, the following factors in setting the security requirements for an activity held in a City facility or park:
(1) the maximum capacity;
(2) the nature and type of activity to be held;
(3) the hours during which the activity will be held;
(4) if private security will be provided, the credentials, reputation and practices of the proposed private security company;
(5) attire and equipment used by the private security officers;
(6) prior incidents by applicant or history of similar events/activities; or
(7) whether alcohol is being permitted to be served.
D If alcohol is to be served at the proposed activity, the Chief of Police or Director may establish conditions, on the sale, distribution, use, and consumption of any alcoholic beverage, in addition to those set forth by Alcohol Beverage Control.
E. The Parks and Recreation Department may require use of City staff in addition to security. This will be determined on a case-by-case basis with costs borne by the applicant.

7.02.080 Use of areas.

The Director shall have the authority to regulate the activities in park and facility areas, when necessary, to prevent congestion and to secure the maximum use of the park facilities for the comfort and convenience of all and may limit the length of time such facilities are used to avoid crowding. Visitors shall comply with any directions given to achieve this end. Individual tables and benches shall be used on the basis of "first come, first serve" except in areas designated by "Reservation Only."

7.02.090 Hours of public use.

All parks within the city shall be open from sunrise until sunset unless otherwise posted. No person shall enter or remain within the parks between sunset and sunrise except by permit or permission of the Director or Chief of Police.

7.02.100 Trespassing.

No person shall enter into any facility or park that is closed and/or locked or posted against such entry, except by permit or permission of the Director or Chief of Police.

7.02.110 Lights.

All park facility lighting shall be turned off by 11:00 p.m. except by permit and for security or emergency lighting, as approved by the Director.

7.02.120 Alcoholic Beverages.

The presence and/or the consumption of any and all alcoholic beverages shall be prohibited except by permit. Alcohol is not allowed at an event being held for a person under drinking age.

Permit for use of alcohol may be issued by the Chief of Police or Director with notification to Director of permit issuance. Permits issued pursuant to this section may be issued only for an activity at a specified park or facility during specified hours. Any permit issued pursuant to this section may contain conditions as to the number of persons, the time and place for service and consumption of alcoholic beverages, litter removal, and any other condition reasonably related to the maintenance of public health and safety. An alcoholic beverage for private consumption, if allowed, becomes the liability and responsibility of the group and/or organization renting the park or facility and permittee shall agree to indemnify, defend, and hold the City harmless for any claim, lawsuit, or action related to issuance of this permit. All alcohol shall remain within the park or facility area as designated on the permit. The Chief of Police may also require security precautions including, but not limited to, the hiring of a security guard or Brentwood Police Officer(s) at applicant’s expense.

7.02.130 Smoking.

Smoking is prohibited except in areas so designated for smoking.

7.02.140 Candles.

Candles and other open-flame devices are not allowed in City facilities or parks, as provided and defined by Section 2501.17 of 1998 California Uniform Fire Code, as amended.

7.02.150 Camping.

Camping on city owned property is prohibited, except that the Director may permit overnight camping by youth organizations and their chaperones in conjunction with an exclusive use permit.

7.02.160 Closing of a Portion of Park or Facility or entire Park or Facility.

Any part of a park or facility or the entire park or facility may be declared temporarily closed to the public by the Director or Chief of Police at any time and for any interval of time less than two weeks or longer than two weeks if construction activities, health and safety concerns require it, or if permittee is violating any of the conditions of a permit issued by the Chief of Police or Director.

7.02.170 Skate Park.

All persons who ride a skateboard or skates at a City skate park shall wear a helmet, elbow pads, and knee pads. If a person who rides a skateboard or skates at a City skate park fails to wear a helmet, elbow pads, and knee pads, the person shall be guilty of an infraction. When an enforcement officer, as defined in Section 1.08.030, observes such violation of this section, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation, pursuant to Section 1.08.040 et seq. (Ord. 673 § 2, 2001). No vehicles, as defined in this section are allowed to be used in a City skate park.

7.02.180 Acts prohibited.

The following acts are prohibited in a City park or facility:

A. Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances, vending machines, or other public property, and parents of any minor who does any of these prohibited acts shall be responsible for all such damage;
B. Litter, soil, or defile rest rooms, vending machines, or any facility.
C. Construct or erect any building, structure, or tent of whatever kind, whether permanent or temporary in character, or run or string any private or public service utility into, upon, or across such lands, except with the written permission of the Director;
D. Go upon any lawn, grass plot, or flower bed where such prohibition is indicated by a legible sign posted near or in the area;
E. Swim, bathe, wade, fish, boat, or operate powered hobby model boats in any water of any fountain, pond, lake, creek, or detention basin, except in areas designated for such purposes and so posted or by permit. Persons shall not throw, discharge, or otherwise place in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any park, or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter, or thing, liquid or solid, which will or may result in the pollution of such waters;
F. Bring into any park any material which, if spilled or spread, will be injurious to the turf or plant growth;
G. Damage, cut, carve, transplant, or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant;
H. Attach any rope, wire, or other contrivance to any tree or plant;
I. Dig in or otherwise disturb any park area or in any way injure or impair the natural beauty or usefulness of any area;
J. Climb any tree or walk, stand, or sit upon any monument base, fountain, railing, fence, bridge, sign, or upon any other property not designated or customarily used for such purposes;
K. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, remove, possess or throw objects at any animal, reptile, or bird;
L. Remove or have in possession any wild animal, or any bird or fowl, or the eggs or nest or young of any reptile, wild animal, or bird;
M. Bring to, or drink in, a park any alcoholic beverage, except as provided in this title;
N. Enter or remain in a park while under the influence of intoxicating liquor or any drug;
O. Bring, or set off, or otherwise cause to explode or discharge or burn in a park any fireworks, whether safe and sane fireworks or not, or other flammable or explosive material, or discharge them or throw them into any park from land, or a vehicle, or building adjacent thereto, except persons conducting a City-sponsored or supported public fireworks display;
P. Be, remain, stay, or loiter in any public park or facility from sunset to sunrise (or beyond posted hours), except as authorized by the Director;
Q. Set up tents or other temporary shelters for the purpose of overnight camping, nor shall any person leave in a park or facility, after closing hours, any movable structure or vehicle to be used, or that could be used, for such purposes, such as a house trailer, motor home, camp trailer, or pickup camper, except as provided in this chapter or approved by the Director;
R. No person having the control or care of any dog shall suffer or permit such dog to enter or remain in a park (with the exception of an area so designated as off-leash), unless it is led by a leash of suitable strength not more than six (6') feet in length. The person owning, controlling, or having the custody of such dog shall be jointly and severally responsible for all damages caused by such dog and is responsible for removing and disposing of owner’s dog waste;
S. Lead, ride, drive, keep, or, let loose any animal, reptile, or fowl of any kind;
T. Make or kindle a fire for any purpose, except at places provided for campfires or barbecues, unless prior permission shall be obtained therefore from the Director, or leave a fire started by such person, or at Director’s direction, or used until such fire is completely extinguished;
U. Use, carry, or possess firearms of any description or air rifles, spring guns, bows and arrows, slings, knives or any other form of weapon potentially dangerous to wild life or to humans or shoot into park areas from beyond park boundaries;
V. No person shall discard or permit unattended any lighted cigar, cigarette, match, pipe or other flammable article.
W. Use or allow the use of powered model airplanes, model rockets, or racing cars, except in areas designated for such use or by permit.
X. Golfing or use of golf clubs is prohibited in any area of the park, except in areas so designated and posted.
Y. Indulge in riotous, boisterous, threatening, or indecent conduct;
Z. Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can, refuse, or trash, except in the receptacles provided for such materials. Where such receptacles are not provided, all such materials shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. Household trash is not permitted in City receptacles;
AA. Bring to or have in such person's possession any alcoholic or non-alcoholic glass beverage container or bottle.
BB. Bringing portable barbecues into City Parks or facilities without a permit.
CC. Land hot air balloon, parachute, hang glider, aircraft, helicopter, or bungee jumping without permit.
DD. Use any amplification system unless a permit is first secured from the Director.
EE. Use interactive inflatable equipment without a permit.

7.02.200 Traffic and parking.

While in parks or facilities, no person shall:
A. Fail to comply with all the applicable provisions of the Vehicle Code of the State, in regard to equipment and the operation of vehicles, and the provisions of this Code;
B. Fail to obey all traffic officers and City employees authorized to direct traffic in the parks;
C. Fail to obey all traffic regulations concerning the use of vehicles or caution, stopping, parking, and all other signs posted for control or to safeguard life and property;
D. Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon roads designated by posted signs for different rates of speed;
E. Ride or drive any vehicle on any area, except paved roads or parking areas or other areas designated as temporary parking areas and posted for that use. A bicyclist may wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use;
F. Park a vehicle in other than an established or designated parking area or use a parking area in a manner not in accordance with the posted directions or the instructions of any attendant who may be present;
G. Ride any other person on a bicycle, except where the bicycle is built for operation by more than one person;
H. Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and there is space available; and
I. Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may ride, drive, or trip over it or be injured by it.

7.02.210 Advertising: Sale of merchandise.

No person in a park or on public property adjacent to a park shall do any of the following without a permit:

A. Expose, announce, advertise, call public attention to, or offer any article or food or drink for sale; nor shall he/she station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or food or drink in the park or on public property adjacent to such park; and
B. Paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription.

7.02.220 Donations/Dedications.

The donation of plants, facilities, fountains, sculptures, ponds, pools, or any other item or funds for such item for any park or facility shall follow the rules and policies approved by the City Council.

7.02.230 Excessive noise prohibited.

No person in a park or on public or private property adjacent to a park shall produce, suffer, or allow to be produced any unnecessary loud noise that disturbs the peaceful and quiet enjoyment of any person in a public park or surrounding neighborhood (Ord. 72 § 2, 1954).

Chapter 7.03 Trees and Shrubs

7.03.010 Purpose.

In the interest of public health, safety, general welfare and aesthetics, the purpose of this chapter is to provide a method for the proper care of trees and shrubs within the city and to define the powers and duties of the Director.

7.03.020 Parks and Recreation Director: Powers and duties.

The Director shall direct the kind and variety of landscape material to be planted in any public landscape areas, as per the current approved City of Brentwood Standard Plans and Specifications, Engineering Procedures Manual, Urban Forest Guidelines, or any other City approved specifications. The planting, trimming, and removing of trees and shrubbery upon the streets, public right of ways, and public places of the City are hereby vested in the Director. It is the duty of the Director to administer, control and regulate the street tree program of the city in accordance with the provisions of the Urban Forest Guidelines and this chapter. (Resolution 2490)

7.03.030 Permits required to trim or cut in public places.

It shall be unlawful for any person to trim, cut, mutilate, or injure any street or city-owned tree, or the roots or branches thereof, growing upon any public street, curb, or place in the City or to injure or impair the growth or life of any such tree, roots, or branches without a permit .

7.03.040 Permission required to install poles near trees.

It shall be unlawful for any person to install upon any street any telephone pole, electric light pole, or power pole within ten (10') feet of the trunk of any growing tree upon any street in the City without first having obtained permission from the Director to erect such pole within such limit of ten (10') feet.

7.03.050 Planting of Street Trees.

No street trees shall hereafter be planted, removed or replaced except in accordance with the Urban Forest Guidelines and the provisions of this chapter. (Resolution 2490)

7.03.060 Permits Required – Street Trees.

It shall be unlawful for any person to plant any tree or shrubbery on any street, public right of way (curb to curb or from back of sidewalk to back of sidewalk/curb where sidewalk exits only on one side of the street), park, or public place without first obtaining a permit to do so by applying for and receiving an encroachment permit from the Engineering Department. All work done pursuant to the permit shall be in compliance with all applicable City ordinances, resolutions, standards and specifications. The Director may attach conditions to the permit including the requirement to replace any street tree which is removed. Any person aggrieved by the denial of a permit or the conditions attached to it may appeal to the City’s designated Tree Board provided that such appeal is made in writing within five days of action. The appeal shall be heard by the City’s designated Tree Board no later than thirty (30) days after receipt of the appeal, at which time the City’s designated Tree Board may grant or deny the appeal. The action of the City’s designated Tree Board may be appealed to the City Council, whose decision shall be conclusive and final.
7.03.070 Maintenance – Street Trees.

All street tree maintenance shall be the responsibility of the property owner. No permit is required for routine maintenance. Routine maintenance includes minor pruning and trimming, tree feeding, spraying, and watering. If a street tree dies, it is the property owner’s responsibility to replace with a tree of the same kind or one that is listed in the Urban Forest Guidelines. All tree maintenance work shall conform to the International Society of Arboriculture Guidelines.

7.03.080 Nuisance – Street Trees.

Upon a determination by the Director that a street tree has become a hazard to pedestrian or vehicular traffic by obstructing vision or impairing necessary clearance, or in any manner endangering the use of any public street, sidewalk, sewer, waterline or other public property so as to constitute a public nuisance, written notice shall be given to the owner of the property upon which the nuisance tree fronts to remove or otherwise control such tree in such manner as will abate the nuisance. The cost of repair or replacement of public facilities is the responsibility of the property owner. Repair or replacement of sidewalks, curb and gutter or parking area shall be done in conformance with Title 22 of the California Streets and Highway Code Maintenance of sidewalks, as amended. (Ord. 280 §2 (part), 1977)

7.03.090 Trees overhanging public places.

It shall be the duty of every person having charge or control of any lot or premises, either as owner, agent, lessee, tenant, or otherwise, on which trees are growing but which overhang any public street, alley, or place to trim such trees where they overhang any public street, alley, or place so there shall be a clear space thereunder of at least eight feet (8’) above a sidewalk and twelve feet (12’) between the lowest limb or foliage of such trees and the public street, alley, or place. A permit is not required for routine maintenance.

Should any such person fail, neglect, or refuse to trim any such tree, the Director shall have the power to cause such tree to be trimmed in accordance with the requirements of this section. The cost of such work shall be charged to, and become a valid claim against, the person having charge or control of the lot or premises, either as owner, agent, lessee, tenant, or otherwise, and shall be recoverable in any court of competent jurisdiction.

7.03.100 Interpretation of provisions.

The provisions of this chapter shall not be construed as a limitation on the power lawfully vested in the Council to cause the removal of any shrubs or trees if, in the opinion of the City Council, it is necessary to remove the same for the purpose of improving any street or alley or for any other lawful cause that encroach within the City’s right of way.

7.03.110 Mutilation of trees unlawful.

It shall be unlawful for any person to mutilate or cause damage to any street tree except for work in conformance with this chapter. (Ord. 280 § 2 (part), 1977)

7.03.120 Violation – Penalty – Continuing offenses.

Any person violating any of the provisions of this chapter or who causes, allows or permits any violation of this chapter is guilty of an infraction and upon conviction thereof shall be punishable by a fine of at least five hundred dollars or as provided by B.M.C. Chapter 1.08, whichever amount is more.

Chapter 7.04 Heritage Tree Preservation

7.04.010 Purpose and Intent.

The City lies largely in a valley in which substantial portions were and are covered by native and indigenous trees. The City recognizes that preservation of such trees enhances the natural scenic beauty, sustains the long-term potential increase in property values which encourages quality development, maintains the ecology, moderates the effect of extreme temperatures, prevents the erosion of topsoil, helps create an identity and quality, which enhances the attractiveness of the City to visitors and increases the oxygen output of the area which is needed to combat air pollution. For these reasons the City Council finds that in order to promote the public health, safety and general welfare of the City while at the same time recognizing individual rights to develop and maintain private property in a manner which will not be prejudicial to the public interest it is necessary to enact regulations controlling the removal and preservation of Heritage Trees within the City. However, the City Council also recognizes that under certain circumstances Heritage Trees may properly be removed. Those circumstances include where Heritage Trees are dangerous; are dead or diseased; are so situated on undeveloped land that their preservation would preclude feasible development; are so abundant their removal would not destroy the area's natural beauty or ecology or cause erosion; or have a significant impact on the property. It is the intent of this chapter to preserve as many Heritage Trees as possible throughout the City through staff review and the development review process.

7.04.020 Exceptions.

The provisions of this chapter shall not apply to fruit or nut trees or when part of an orchard, the produce of which is used for commercial purposes.

7.04.030 Permit – Required.

No person shall remove, destroy or disfigure, any Heritage Tree growing within the City without a permit except as provided in this chapter 7.04. Normal maintenance pruning of Heritage Trees shall not require a permit but shall in all cases be in conformance with the guidelines of the International Society of Arboriculture, Tree Pruning Guidelines, current edition. Pruning which, in the opinion of the Director, varies from these guidelines shall be subject to fines and penalties as provided in 7.04.160 of this chapter.

7.04.040 Permit – Procedure.

A. Any person desiring to remove any Heritage Tree in the City shall make application to the Director. Said application shall contain the number, species, size and location of Heritage Trees to be removed and a brief statement of the reason for removal as well as any other pertinent information the Director may require. The permit, if granted, shall entitle the applicant to remove only those Heritage Trees designated by permit.
B. Upon determination that it is necessary, the Certified or Consulting Arborist shall visit and inspect the property, the Heritage Tree or trees in question, and the surrounding area and shall ascertain the following:
(1) The condition of the Heritage Tree with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility service and whether or not the Heritage Tree acts as host for a plant which is parasitic to another species of tree which is in danger of being exterminated by the parasite;
(2) Whether the tree has a significant impact on the property;
(3) The necessity to remove any Heritage Tree in order to construct any proposed improvements to allow for the economic enjoyment of the property;
(4) The number of existing trees in the neighborhood or area on improved property and the effect removal would have upon the public health, safety, general welfare of residents and upon the property value and beauty of the area;
(5) The topography of the land upon which the Heritage Tree or trees are situated and the effect of removal thereof upon erosion, soil retention and diversion or flow of surface waters;
(6) Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support.
(7) The Director, certified or consulting arborist shall be responsible for following up to make sure that the conditions of the permit have been met.
C. The Director may refer any application to a Certified or Consulting Arborist for his report or any City department or commission for its review and recommendation.

7.04.050 Significant Impact - Administrative Hearing.

A. Where the applicant applies to remove a Heritage Tree on grounds that it has a significant impact on the property, the Director shall conduct a hearing. The hearing shall be set not less than fifteen (15) days and not more than sixty (60) days from the date the application if filed.
B. The Director shall send notice of the hearing to all property owners and residents within three hundred feet (300').
C. At the hearing, the applicant and any interested party shall be given the opportunity to be heard concerning the preservation or removal of the Heritage Tree.
D. After considering all relevant evidence, the Director shall issue a written decision to preserve or remove the tree.
E. The Director shall send a copy of the written decision to the applicant and neighboring property owners and residents within three hundred feet (300') of the tree within 14 business days.
F. Unless appealed, the decision of the Director shall become effective ten (10) days after written decision has been issued.
G. The Director's decision may be appealed as provided in 7.04.080 of this Chapter.

7.04.060 Mitigation for Removal of a Heritage Tree.

If a Heritage Tree is approved to be removed, its replacement should be on an inch-for-inch basis per the tree’s diameter at four (4) feet above ground level. For example, a Heritage Tree with a 24-inch diameter may be replaced with four, 6-inch diameter trees, if feasible and best forestry practices.

7.04.070 Action by Director – Findings.

A. The Director shall issue a permit to remove a Heritage Tree or trees if it is determined that one of the following conditions exists:
(1) The Heritage Tree is in such a dangerous or hazardous condition as to threaten or endanger the safety of people, structures, other property or other Heritage Trees;
(2) The Heritage Tree has a significant impact on the property;
(3) The Heritage Tree is dead, dying or diseased and good forestry practices cannot be reasonably undertaken to preserve the tree; or
(4) Where the Heritage Tree in question is not diseased or hazardous, the removal of the tree is consistent with the purpose and intent of this chapter and in keeping with the health, safety and general welfare of the community.
B. The Director shall notify the applicant in writing of the determination giving the reason for the application's approval or denial.

7.04.080 Appeal.

A. The Director's decision may be appealed. Such appeal must be submitted in writing to the City Clerk within ten (10) days of the decision, shall briefly state facts and the grounds of the appeal and be signed by the appellant.
B. Any appeal concerning property with four (4) or fewer residential units on the subject property, not concerning new development, shall be heard by the Tree Board.
C. The City Clerk shall set a date for hearing before the Tree Board and shall notify all interested parties. The Director shall submit a report to the Tree Board, along with any departmental recommendations.
D. The Tree Board shall conduct a hearing on the appeal within forty-five (45) days after the City’s receipt of appeal to hear relevant testimony. Following the hearing of any such appeal, the Tree Board may affirm, reverse or modify the action of the Director and may take any action thereon which would have been authorized in the first instance. The Tree Board will make written findings of fact upholding, reversing or modifying the Director’s decision. The action of the Tree Board may be appealed to the City Council within 45 days. The City Council’s decision shall be the final and conclusive action of the City.

7.04.090 Tree Board.

The Tree Board shall consist of two Parks and Recreation Commissioners (appointed by the Chair), one Planning Commissioner (appointed by the Chair), one Parks and Recreation Department staff member (appointed by the Director), and one Citizen at large (appointed by the Mayor and confirmed by City Council). The Tree Board shall elect a chairperson. The Director shall be an ex officio member of said Board and shall serve as secretary. The Board shall adopt reasonable rules and regulations for conducting its business. .

7.04.100 New Property Development.

A. Any person desiring to remove one or more trees on any property in the City which is related to the development of such property requiring City approval or where any tree may be affected by a proposed development shall include in the application to the appropriate City reviewing body as part of the regular application, the following:
(1) A tree survey plan, including all existing trees which will be affected by the new development. The survey, noting all trees six inches (6") in diameter and greater, shall specify the precise location of trunk and dripline, size, health and species of all existing trees on the property with a special notation of those classified as a Heritage Tree;
(2) The applicant shall provide a report by a certified or consulting arborist. The report, based on the findings of the tree survey plan and other necessary information, shall be used to determine the health of existing trees, the effects of the proposed development upon the trees, recommendations for any special precautions necessary for their preservation and shall also indicate which trees are proposed for removal;
(3) The tree survey plan and report shall be forwarded to the Director who shall, after making a field visit to the property, indicate in writing which trees are recommended for preservation using the same standards set forth in Section 7.03.050. This report shall be made part of the staff report to the City reviewing body upon its consideration of the application for new property development;
(4) The City reviewing body through its site and landscaping plan review shall endeavor to preserve all trees recommended for preservation by the Director. The City reviewing body may determine that any of the trees recommended for preservation should be removed, if there is evidence submitted to it, that due to special site grading or other unusual characteristics associated with the property, the preservation of the tree(s) would significantly preclude feasible development of the property;
(5) Approval of final site or landscape plans by the appropriate City reviewing body indicating which trees are to be removed shall constitute the approval and permit for the purpose of this chapter; and
(6) Prior to issuance of a grading or building permit, the applicant shall secure an appraisal of the condition and replacement value of all trees included in the tree report affected by the development which are required to remain within the development. The appraisal of each tree shall recognize the location of the tree in the proposed development. The appraisal shall be performed in accordance with the current edition of the "Guide for Plant Appraisal" under the auspices of the International Society of Arboriculture. The appraisal shall be performed at the applicant's expense, and the appraiser shall be subject to the Director's approval.
B. Prior to acceptance of subdivision improvements, the developer shall submit to the Director a final tree report to be performed by a Certified or Consulting Arborist. This report shall consider all trees that were to remain within the development. The report shall note the trees' health in relation to the initially reported condition of the trees and shall note any changes in the trees' numbers or physical conditions. The applicant will then be responsible for the loss of any tree not previously approved for removal. For trees which are not Heritage Trees which were removed, the developer shall pay a fine in the amount equal to the appraised value of the subject tree. For Heritage Trees which were removed, the developer shall pay a fine in the amount of the appraised value of such tree. The applicant shall remain responsible for the health and survival of all trees within the development for a period of one year following acceptance of the public improvements of the development.
C. Prior to the issuance of any permit allowing construction to begin, the applicant shall post cash, bond or other security satisfactory to the Director, in the penal sum of five thousand dollars ($5,000) for each tree required to be preserved, or a total of twenty five thousand dollars ($25,000), whichever is less. The cash, bond or other security shall be retained for a period of one year following acceptance of the public improvements for the development and shall be forfeited in an amount equal to five thousand dollars ($5,000) per tree as a civil penalty in the event that a tree or trees required to be preserved are removed, destroyed or disfigured.
D. An applicant with a proposed development which requires underground utilities shall avoid the installation of said utilities within the dripline of existing trees whenever possible. In the event that this is unavoidable, all trenching shall be done by hand, taking extreme caution to avoid damage to the root structure. Work within the dripline of existing trees shall be supervised at all times by a certified or consulting arborist.
E. Any decision by a City reviewing body under this Section may be appealed as in 7.04.080 of this chapter.

7.04.110 Emergency Action.

A person may remove or prune a Heritage Tree without a permit if there is an emergency caused by a Heritage Tree being in a hazardous or dangerous condition requiring immediate action for the safety of structures or human life. In such event, the Director shall be notified at the earliest opportunity in order to confirm the emergency situation. If the Director determines that the situation was not an emergency requiring immediate action, the person removing or damaging the Heritage Tree shall be subject to fines and penalties set forth in 7.04.160 of this chapter.

7.04.120 Protection of Existing Trees.

All persons shall comply with the following precautions:

A. Prior to the commencement of construction, install a sturdy fence at the dripline of any tree which will be affected by the construction and prohibit any storage of construction materials or other materials inside the fence. The dripline shall not be altered in any way so as to increase the encroachment of the construction.
B. Prohibit excavation, grading, drainage and leveling within the dripline of the tree unless approved by the Director.
C. Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline or in drainage channels, swales or areas that may lead to the dripline.
D. Discourage the attachment of wires, signs and ropes to any Heritage Tree.
E. Design utility services and irrigation lines to be located outside of the dripline when feasible.
F. Retain the services of a certified or consulting arborist for periodic monitoring and inspection of the project site and the health of those trees to be preserved. The certified or consulting arborist shall be present whenever activities occur which pose a potential threat to the health of the trees to be preserved.
G. The Director shall be notified of any damage that occurs to a tree during construction so that proper treatment may be administered.

7.04.130 Pruning and Maintenance

All pruning of Heritage Trees shall be performed by a licensed contractor familiar with International Society of Arboriculture pruning guidelines and shall comply with the guidelines established by the International Society of Arboriculture, Tree Pruning Guidelines, current edition and any special conditions as determined by the Director. For developments which require a tree report, a certified or consulting arborist shall be in reasonable charge of all activities involving Heritage Trees.

7.04.140 Public Utilities.

A. Any public utility or designated contractor installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a Heritage Tree shall obtain permission from the Director before performing any work, including pruning, which may cause injury to the Heritage Tree.
B. The Director shall inspect said pruning work to ensure that appropriate pruning practices are followed. The public utility shall follow pruning practices conforming to the International Society of Arboriculture pruning standards to promote the well-being of the tree. Topping shall not be permitted unless specifically approved by the Director. The Director shall stop any tree pruning performed by a utility representative if said practices are not being followed.
7.04.150 Insurance Requirements

Any person engaged in the business of pruning Heritage Trees under agreement with the City shall be a California licensed contractor and shall carry public liability and property damage insurance, with minimum liability limits and terms as determined to be acceptable to the City Attorney.

7.04.160 Fines and Penalties.

Any person who unlawfully removes or destroys a Heritage Tree shall pay a civil penalty in the amount of the appraised value of the tree. If there is inadequate plant material to properly appraise the tree, the penalty shall be five thousand dollars ($5,000). Any person who unlawfully disfigures a Heritage Tree whether through vandalism, improper pruning or other actions, shall pay a civil penalty commensurate with the damage; the amount shall be determined by the Director in accordance with the "Guide for Plant Appraisal" under the auspices of the International Society of Arboriculture. The collection of the penalties may be enforced by civil action brought in the name of the City by the City Attorney.

The cost of replacement plant material may be considered as partial payment of any penalty under this chapter.

7.04.170 Additional Provisions.

The provisions of this chapter shall supplement but not supplant other provisions of the Brentwood Municipal Code relating to the preservation of trees.

Chapter 7.05 Recreation

7.05.010 City of Brentwood Recreation Service Area: Established.

The City of Brentwood Service Area is hereby authorized and established for conducting recreation and activity programs pursuant to policies and guidelines established by the City Council of the City of Brentwood and effectuated by the City of Brentwood Parks and Recreation for use of City and School District facilities and for enrollment in City sponsored and co-sponsored recreation activities.

7.05.020 City of Brentwood Service Area: Boundaries.

As of the effective date of this section, the City of Brentwood Service Area Boundaries shall be the Brentwood city limits. The City of Brentwood Service Area Boundaries may be amended from time to time by resolution of the City Council of the City of Brentwood with input and recommendation by the Parks and Recreation Commission.

7.05.030 City of Brentwood Service Area: Policy: Fees.

A. The Director, with recommendation(s) from the Parks and Recreation Commission, shall establish, adopt and amend guidelines, policies, rules and regulations for the use of facilities within the boundaries of the City of Brentwood Service Area.
B. The City Council may by resolution, with recommendation(s) from the Parks and Recreation Commission, set fees for participation in recreation programs sponsored or co-sponsored by the City and held at facilities within the boundaries of the City of Brentwood Service Area.

7.05.040 Organized Leagues.

Organized league play in City of Brentwood parks and facilities is by permit only. An organized league is defined as a group of more than 10 players or a group that holds games on a regular schedule. An organized league is self-supportive and self-administered and shall furnish all necessary materials, finances, and workers to organize, conduct and administer its’ own program. Organized leagues must adhere to the safety and liability rules and regulations for use of available fields set by the City of Brentwood. All coaches, parents, and participants must adhere to the “Code of Conduct” that has been adopted by the Parks and Recreation Commission. The City of Brentwood reserves the right to identify specific parks and facilities for organized league use for games and/or practices.

Chapter 7.06 Trails

7.06.010 Vehicle regulations.

When riding on a city trail, all vehicles shall be ridden, driven, or operated on the right-hand side of the road paving, as close as physical conditions permit, and shall be kept in single file when two (2) or more are operating as a group. Operators shall at all times operate their vehicles when upon a city trail with reasonable regard to the safety of others, signal all turns, pass to the left of any vehicle or pedestrian they are overtaking, and pass to the right of any vehicle they may be meeting.

7.06.020 Trail rules.

When on a city trail, trail users shall abide by the following rules:

A. Be safe, considerate, and aware of your impact on the park and other trail users.
B. The trails are to be used only during the period between dawn to dusk, unless there is approval by the Director for use other than during this period.
C. Motorized vehicles are prohibited, except authorized city vehicles or trails so designated and posted.
D. Bicycles are permitted only on paved roads and on paved and unpaved multi-use trails.
E. Bicycles are prohibited on trails that are designated for hiking and horseback riding use only.
F. Excessive speed or reckless trail use are prohibited.
G. Bicyclists shall reduce speed and call out, or ring their bell before passing.
H. Bicyclists under 18 years of age are required to wear a helmet. Helmets are recommended for adult Bicyclists and equestrian users.
I. Bicyclists shall be equipped with standard bicycle reflectors and light for hours of darkness.
J. Trail users should call out and wait for instructions before passing an equestrian user.
K. Trail users shall keep to the right and go single file on curves.
L. Dogs must be leashed and under control at all times.
M. Owners of dogs shall dispose of their dog’s waste in appropriate waste containers.
N. Open containers or consumption of alcoholic beverages are not permitted.
O. Hunting or shooting is prohibited.
P. All plants and wildlife shall be left alone and are protected by law.
Q. Advertisements shall not be posted.

Chapter 7.07 Applicability of Other Laws

7.07.010 Applicability of Other Laws.

Nothing in this Title 7 shall exempt any person from applicable provisions of any other laws of this state or the City.

SECTION 2. Deletion of B.M.C. Chapter 9.48 and Chapter 12.16.

Brentwood Municipal Code Chapter 9.48, Use of City Park and Chapter 12.16, Street Trees are hereby deleted in their entirety.

SECTION 3. Constitutionality or Severability.

If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s) or word(s) be declared invalid.

SECTION 4. Savings Clause.

The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 9th day of November, 2004 by the following vote:


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