Indian Wells City Council to consider amending tree-trimming ordinance

INDIAN WELLS, Calif. (KESQ) - In an effort to protect local wildlife and comply with state and federal wildlife protections, the Indian Wells City Council will consider amending the city's tree-trimming and general property-maintenance regulations Thursday.

A section of the city's municipal code requires all landowners, tenants, lessees and occupants adjacent to public right-of-way to either trim, prune or maintain all trees, shrubs, grass or other plantings and to prune or remove plants considered an obstruction or a nuisance, according to a staff report.  

Additionally, a separate section requires private landowners to annually trim date palm trees no later than June 30 and Washingtonia palms by July 30.

Council members were informed by wildlife biologists at the Desert Wildlife Center in Indio that the city's mandatory annual tree-trimming dates in June and July coincides with the annual bird-nesting season, which is considered from Feb. 1 through Aug. 31 by the California Department of Fish and Wildlife, and if "unintentionally disturb or destroy active nests, eggs, nestling, and breeding habitat''  then it could result in violations of state and federal wildlife laws.

According to the staff report, the California Fish and Game Code prohibits the needless destruction of bird nests and eggs, with special protections for raptors and other protected birds while the federal Migratory Bird Treaty Act prohibits wounding, capture, collection or other harm to more than 1,000 covered bird species, including the destruction, movement or relocation of in-use nests and viable eggs and hatchlings.   

As a result, city staff recommends City Council to change the annual trimming dates to a single annual deadline of Oct. 1.   

The proposed ordinance states that if trimming is unavoidable during nesting season then  a qualified biologist will inspect the specified tree or shrub to make ensure there are no in-use nests or viable eggs and fledglings present.

Contracting a qualified biologist to inspect city-owned trees for bird nests prior to annual tree-trimming would cost roughly $37,200 per annual event assuming the biologist would inspect 40 trees a day over a 31-day survey period.

If adopted, the ordinance would take effect 30 days after council approval and city staff will conduct an education and outreach campaign starting early next year to inform residents and landscapers of the new tree-trimming requirements.