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Any person engaged in the business of pruning Protected Trees within the City shall be a <br />California licensed contractor and shall carry public liability and property damage insurance as <br />determined by the City Attorney. <br />X-X-XXX Fines and penalties. <br />(a)Any person who unlawfully removes or destroys a Protected Tree shall pay a civil <br />penalty in the amount of the appraised value of the tree. If there is inadequate plant material to <br />properly appraise the tree, the penalty shall be $5,000.00. Any person who unlawfully disfigures <br />a Protected Tree whether through vandalism, improper pruning or other actions, shall pay a civil <br />penalty commensurate with the damage; the amount shall be determined by the Director in <br />accordance with the “Guide for Plant Appraisal” under the auspices of the International Society <br />of Arboriculture. The collection of the penalties may be enforced by civil action brought in the <br />name of the City by the City Attorney. <br />(b)The cost of replacement plant material may be considered as partial payment of any <br />penalty under this Chapter. <br />(c)Any person violating the provisions of this Chapter shall be guilty of a misdemeanor or <br />infraction and shall be fined or imprisoned as provided in Section 1-12-200of this Code. <br />X-X-XXX Additional provisions. <br />The provisions of this Chapter shall supplement but not supplant other provisions of this Code <br />relating to the preservation of trees. <br />2270690.1