Cutting down on tree removal

Mathis Winkler

NEWPORT BEACH -- City officials are addressing a weighty criminal

issue: the removal of city-owned trees.

Although it may be surprising to some residents, trees that appear to

stand on their properties may actually belong to the city. Knowingly

cutting down a city-owned tree is an act of vandalism, according to the

Newport Beach tree ordinance.

While trashing a public restroom, for example, can land a person in

court, chopping down an oak will not likely result in criminal charges.

“If the individual says that they thought it was their property, it’s

not intentional,” said Newport Beach Police Capt. Paul Henisey, who

commands the patrol and traffic division. “And the District Attorney

won’t file [criminal charges].

“What was the person’s intent when taking down the tree? That’s the

key issue.”

The City Council last week held a study session on the Newport Beach

tree ordinance. Councilwoman Norma Glover, who had requested the meeting,

said the city should inform residents, and the Orange County District

Attorney’s office as well, that the destruction of a city-owned tree is

the equivalent of destroying public property.

Henisey told the council that there is a chance that criminal action

could be brought against people caught destroying a tree without actually

removing it -- for example, driving nails into the trunk.

“Evidently, [the District Attorney] can better understand the

destruction of a sink than the destruction of a tree,” she said.

Glover said preserving older trees in older neighborhoods such as her

own -- Newport Heights -- is critical.

“The only thing that saves larger houses from looking overbearing is

that we’ve been saving city trees,” she said. “When a new house comes in,

it has a more mature look to have trees there.”

There is no definite legal precedent to determine which trees actually

belong to Newport Beach, city officials said. According to a city report,

city-owned trees are defined as those “on city property or in a city

right of way.”

City officials counted 30,000 trees that belong to the city after

conducting a detailed inventory listing the age, size and condition of

every tree. At a total value of $63 million, individual trees range in

value from $200 to $16,000, said Dave Niederhaus, the city’s general

services director.

He added that while Newport Beach’s tree stock almost doubled during

the last decade, it would only increase by a few thousand over the next

few years. In addition, between 30,000 and 40,000 privately owned trees

grow in the city, Niederhaus said.

City officials have recommended the council consider a specific course

of action in enforcing the tree ordinance. First, the city would ask

violators to voluntarily reimburse the city for the lost tree. If the

person refused, the city would take that resident to small claims court.

Also, the city would pursue criminal charges in cases where a large

number of trees were destroyed or where trees were cut after city

officials had denied a request for removal.

The city would also make an effort to educate the public on the

importance of trees and the city’s commitment to pursue illegal tree

removals.

Council members agreed that the recommendations adequately covered the

issue. However, Councilman Tod Ridgeway cautioned that the city should

not lose “sight of the forest for the tree.”

“I’ve handled many a vandalism case,” said Ridgeway, a former defense

attorney. “Vandalism is one of maliciousness and tree removal is far

removed from that. Why pursue criminal action if the ultimate goal is the

replacement of the tree?”