Tustin claims full jurisdiction over trees in parkways, medians, streets and other public property (Sec. 7301). No person may trim or cut any tree or shrub in a public parkway, median, street or right-of-way without prior written approval of the City's Manager of Field Services (Sec. 7303). Abutting owners must water and maintain parkway trees (Sec. 7304).
Article 7, Chapter 3 of the Tustin City Code (Trees and Shrubs) governs trees in the public realm. Section 7301 states the City intends to 'maintain and exercise full power, authority and jurisdiction over all trees, plants or shrubs in or growing upon or over any public parkway, street, highway, alley, right-of-way, City-owned property.' Section 7303 makes it 'unlawful for any person to trim, cut, cut down, girdle, remove, break, injure, deface or destroy any tree or shrub' on any public parkway, median, street, highway, alley, sidewalk or right-of-way 'without prior written approval of the City's Manager of Field Services.' So a homeowner cannot prune the City street tree in front of their house on their own. At the same time, Section 7304 places a maintenance duty on residents: 'it shall be the duty and responsibility of every person to water and otherwise maintain in proper and sightly manner, all trees and shrubbery located in the public parkway located immediately in front of or alongside of property owned by said person.' Section 7305 lets the Manager of Field Services perform required trimming directly or direct the abutting owner to do it. Determinations may be appealed to the Director of Public Works and ultimately the City Council (Sec. 7307). Trees on purely private property are not covered by Chapter 3 and may be pruned by the owner, subject only to the general nuisance and property-maintenance rules.
Trimming or cutting a public-parkway or street tree without written approval from the Manager of Field Services is unlawful under Section 7303. Tustin City Code violations are generally enforceable as misdemeanors or infractions.
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