SECTIONS 25620-25643 - California Statutes

GOVERNMENT CODE

SECTION 25620-25643

25620. This article may be cited as the Shade Tree Law of 1909.

25621. The board of supervisors may appoint a county board of
forestry, to consist of no less than three persons who shall serve
without compensation.

25622. In any county in which a planning commission has been
created, the board of supervisors may appoint a county board of
forestry, to consist of the members of the planning commission, who,
in addition to their powers and duties as members of the planning
commission, shall exercise all the powers and duties of a forestry
board except the protection of the county from forest, grass, grain,
brush, or other fires.

25623. Whenever the board of supervisors desires to avail itself of
this article, it shall by resolution or ordinance so declare.

25624. Within two months after the adoption of the resolution or
ordinance, the board of supervisors shall appoint a county board of
forestry or designate the members of the county planning commission
to act as the county board of forestry.

25625. The term of office of the members of the county board of
forestry is four years, except that the persons first appointed shall
so classify themselves by lot that two of their number shall retire
from office at the end of two years, two at the end of three years,
and one at the end of four years. Any vacancy in office shall be
filled by appointment by the board of supervisors for the unexpired
term.

25626. Within 10 days after notice of their appointment, the
members of the county board of forestry shall organize by the
election of one of their members as chairman and adopt suitable rules
for their government.

25627. The county board of forestry may employ a suitable and
competent person as county forester to serve during the pleasure of
the board and prescribe his duties.

25628. The county board of forestry may also employ, or authorize
the county forester to employ, a deputy county forester.

25629. The board of supervisors may fix the compensation of the
county forester.

25630. Whenever the members of the county planning commission have
been designated as the county board of forestry, it shall not employ
or appoint a county forester, but the employment and appointment may
be made by the board of supervisors. In such case the bond of the
forester shall be furnished to the board of supervisors.

25631. When appointed the forester shall execute a bond to the
county board of forestry in the sum of one thousand dollars ($1,000)
for the faithful performance of his duties. He shall be the secretary
of the county board of forestry and shall perform such other duties
as the board prescribes. The forester shall enforce this article and
all lawful orders of the board of forestry.

25632. The board of forestry has exclusive charge and jurisdiction,
with the exception of areas included within the limits of any city
or fire protection district organized under state law, over the
protection of the county from brush, grass, grain, or other fires.
The board of forestry also has exclusive charge of and jurisdiction:
(a) To decide upon the variety, kind, and character of trees,
hedges, shrubs, lawns, and flowers to be planted upon public roads,
highways, grounds, and property.
(b) To determine all questions respecting the pruning, cutting,
and removal of any trees or hedges growing thereon, the necessity
therefor, the extent of, and the manner in which such work shall be
done.
(c) Under the authority of the board of supervisors, to plant and
properly care for the trees, hedges, shrubs, lawns, and flowers.
(d) To enforce, carry out, and effectuate this article.

25633. In the exercise of its powers and the performance of its
duties, the board of forestry shall not interfere with the
jurisdiction of the board of supervisors over and in the improvement,
care, and general control of the roads, highways, grounds, and
property.

25634. This article does not confer upon any county board of
forestry, or other local authority however constituted or appointed,
any jurisdiction over or within the right of way of any state road or
highway, except that they may extinguish or assist in the
suppression of fires within the right of way of any state road or
highway.

25635. In any county where a county board of forestry has been
created and appointed, it is unlawful for any person except the
county board of forestry or its employees to trim, prune, cut,
deface, destroy, or remove any shade or ornamental tree or hedge
growing upon any public road, highway, ground, or property or to
paint, place, attach to, or put upon such trees, hedges, shrubs,
lawns, or flowers, any sign, notice, advertisement, or advertising
device, or to plant any tree or hedge on any such road, highway,
ground, or property without the consent in writing of the board of
forestry first obtained. This article does not give the county board
of forestry any jurisdiction over any fruit or nut trees which on
August 10, 1913, were growing along such roads, highways, grounds, or
property, except that such trees may not be removed without the
consent of the board of forestry. The violation of any provision of
this section is a misdemeanor.

25636. All money received as penalties for the violation of this
article shall be paid into the county treasury to the credit of the
county board of forestry fund, and shall be used for the expenses of
the county board of forestry in carrrying out this article and its
policy and purposes.

25637. Whenever this article is availed of, the board of
supervisors shall appropriate money for the use of the county board
of forestry sufficient to pay the compensation of the county forester
and for the necessary expenses of the county board of forestry.

25638. By a resolution or ordinance adopted by a four-fifths vote,
the board of supervisors may repeal any resolution or ordinance
previously enacted whereby it elected to avail itself of this
article. Upon the adoption of the resolution or ordinance of repeal,
any forestry board previously appointed shall be discharged and the
board of supervisors shall immediately take possession of the
property and funds in the hands of the county board of forestry. The
board of supervisors shall thereafter administer the powers and
duties previously conferred upon the board of forestry.

25639. Any county may appropriate and expend money from the general
fund of the county, either within or without the county, for
cooperation with the State Board of Forestry and Fire Protection, the
United States Forest Service, or the California Forest Experiment
Station in investigations relating to watershed protection,
reforestation, and afforestation, when those investigations are for
the benefit of the county.

25640. The board of supervisors may plant shade and ornamental
trees on or about the public grounds and buildings of the county and
provide for their care. The cost of planting and caring for the trees
shall be paid out of the county general fund.

25641. Under such regulations as it may adopt, the board of
supervisors may encourage the planting and preservation of shade and
ornamental trees on and about the public grounds and buildings of the
county, and may pay a sum not exceeding one dollar to persons
planting and cultivating the trees, for every living tree so planted,
at the age of four years.

25642. The board of supervisors may appropriate in any one year
such sum of money as the board of supervisors deems necessary for the
purpose of providing fire protection.

25643. The board of supervisors of a county shall determine each
year such sum of money as the board of supervisors deems necessary
for fire protection services within the county, excluding therefrom
any city or district which is at such time providing fire protection
services within such city or district. Except for the costs of
forest, range, and watershed fire protection within state
responsibility areas as defined in Part 2 (commencing with Section
4101) of Division 4 of the Public Resources Code, for which the
county is not reimbursed by the state, the taxes for the costs of
county fire protection services shall be levied only on property
within the county served by and benefiting from county fire
protection services, or such costs shall be paid from other
nonproperty tax revenues collected within the unincorporated area of
the county.
Every city or district which provides its own fire protection
services, and which prior to March 1 of any year files with the board
of supervisors of the county a resolution declaring that such city
or district is providing fire protection services within its
jurisdiction, shall not be assessed during the following fiscal year
and any year thereafter for any portion of the costs of county fire
protection services, except for the costs of forest, range, and
watershed fire protection within state responsibility areas as
defined in Part 2 (commencing with Section 4101) of Division 4 of the
Public Resources Code, for which the county is not reimbursed by the
state.
All property located within a county service area receiving
structural fire protection services under Chapter 2.5 (commencing
with Section 25210) of this part shall be exempt from any county tax
imposed on property generally to finance structural fire protection,
commencing with the 1972-73 fiscal year.
This section shall not apply to a county with a population of more
than 1,000,000 but less than 6,000,000 according to the 1960 federal
census.