CITY COUNCIL AGENDA ITEM
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
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
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
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
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?
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,
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
• Brentwood Police call outs to assist with alcohol-related youth activities
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
Moraga San Leandro
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
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
• 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. ________
AN ORDINANCE CREATING TITLE 7, PARKS AND RECREATION, AND DELETING CHAPTER
9.48, USE OF CITY PARK AND CHAPTER 12.16, STREET TREES
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
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
SECTION 1. The Brentwood Municipal Code is amended to add Title 7, Parks and
Recreation, to read as follows:
Parks and Recreation
7.01 Purpose and Definitions
7.02 Parks and Facilities
7.03 Trees and Shrubs
7.04 Heritage Tree Preservation
7.07 Applicability of Other Laws
Chapter 7.01 Purpose and Definitions
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
D. "Director" shall mean the Director of Parks and Recreation of the City or
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
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
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
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
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
(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
(7) Prior negative incidents by applicant or history of similar
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
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.
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.
Smoking is prohibited except in areas so designated for smoking.
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.
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
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
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
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
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
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
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
B. Paste, glue, tack, or otherwise post any sign, placard, advertisement, or
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
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
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
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
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
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
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.
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
(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
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
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
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
B. The Director shall notify the applicant in writing of the determination
giving the reason for the application's approval or denial.
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
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
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
(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
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
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
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
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
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
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
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
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: