Appendix 9815. Criminal and Civil Penalties.

(a)

Criminal. Any person who violates any provision of this Chapter shall be subject to the following remedies, in addition to any penalties as set forth in Section 1200 of the Arcadia Municipal Code.

(b)

Restitution—Civil Penalties.

(1)

It has been determined that street trees within the City are valuable environmental assets to the citizens of the community and as a result of the loss of any trees on public property, the public should be compensated, and penalties applied to assure the primary goal of conservation, protection and preservation of trees as set forth in this Chapter.

(2)

Accordingly, any person violating the provisions of this Chapter shall be responsible for proper restitution including, but not limited to the following or any combination thereof:

(A)

Payment of a fine;

(B)

Replacement of a tree which has been removed, cut and/or damaged; and

(C)

The planting of a new tree.

(3)

The replacement of street trees shall be made based on the value or the actual replacement costs of the street tree removed, cut, damaged or destroyed, whichever is higher, plus the cost of planting the replacement street tree. The type, number, size and location of replacement street trees shall be determined by the Director of Public Works or his designee.

(4)

The City Attorney shall be authorized to take whatever civil or criminal legal measures are necessary to enforce the provisions of this Chapter and to recover civil penalties.

(Amended by Ord. 2127 adopted 8-15-00)