Posters Stapled to Trees

[qualitygig.livejournal.com]

I'm curious if anyone else has seen this in their neighborhood.  I live between Davis Square and Ball Square, and some _____ stapled posters to just about every other tree in the neighborhood advertising their new service (start-up).

You would think someone would know stapling posters to trees will at a minimum piss people off and might even consider it could be illegal (or why else wouldn't everyone be doing it).

What I'd like to know is a) has anyone else seen this and b) does anyone know for a FACT that stapling a poster to a tree (or utility pole) is illegal ?  My experience / recollection as a longtime Massachusetts resident is that it is, in fact, illegal, but I haven't been able to find any official website or source clarifying the point.

There's a second-half to the story that I'll share, but I'm interested in getting feedback on the above first.

Comments

[ron_newman]

It's very damaging to the trees. People who want to put up posters should stick to using utility poles, which can't be damaged in any meaningful way by stapling.

You shouldn't even lock a bike to a tree, to avoid possible damage to the bark.

Can you tell us what business is doing this, so that people here can complain to it?

[qualitygig.livejournal.com]

I will reveal more of the story in bit (promise), but I'd like to focus on fact-gathering and being objective about whether it is actually illegal first.

To share a glimpse of the 'rest of the story', I had a very negative experience when trying to bring this to their attention.

[ron_newman]

I'd focus on the environmental damage rather than on whether or not it's illegal. It's probably illegal to staple to utility poles also, but this practice is harmless.

[talonvaki.livejournal.com]

I found this: Somerville Tree Care Guidelines (http://www.somervillema.gov/sites/default/files/documents/UFITreeCareGuidelines.pdf).
Nothing specific about stapling notices to trees, but it does talk about locking bikes to them.

[ron_newman]

Probably because the city's tree coordinator didn't think anyone living here would be stupid enough to staple things to trees.

What do you say we point him at this thread? His name and e-mail address are at the bottom of the document you linked to.

[talonvaki.livejournal.com]

I also found this: Somerville's Urban Forest Initiative (http://www.somervillema.gov/departments/ospcd/parks-and-open-space/urban-forest). Nothing specific on tree law, though.

I did think about emailing, but the address is "pintern2" which kind of sounds like a temp/intern email...so I'm digging around a bit first...

[clevernonsense.livejournal.com]

Does the city really have a tree coordinator? Did they choose the color pattens when the knitters made tree sweaters?

[talonvaki.livejournal.com]

Here we go: MA Legislature Chapter 87 - Shade Trees, Section 12 : Injury to shrubs, trees or fixtures (http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter87/Section12)...

Whoever wantonly injures, defaces or destroys a shrub, plant or tree, or fixture of ornament or utility, in a public way or place or in any public enclosure, or negligently or wilfully suffers an animal driven by or for him or belonging to him to injure, deface or destroy such shrub, plant, tree or fixture, shall be punished by a fine of not more than five hundred dollars, and shall in addition thereto be liable to the town or any person for all damages to its or his interest in said shrub, plant, tree or fixture caused by such act. Whoever by any other means negligently or wilfully injures, defaces or destroys such a shrub, plant, tree or fixture shall likewise be liable to the town or any person for all damages to its or his interest in said shrub, plant, tree or fixture caused by such act.

Not a lawyer (just work in Property Insurance and watch a lot of Law & Order), but I think stapling notices to trees could be considered "defacing" a tree. And that's a state law.

Apparently you're meant to contact your town's Tree Warden (http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter87/Section2).

AHA. Somerville's Tree Warden is Steven MacEachern of 1 Franey Rd. Phone: 617-625-6600 Email: smaceachern@somervillema.gov (http://www.masstreewardens.org/files/2012/7Feb2012_TreeWardensandDeputysbyTown.pdf)

I don't want to barge in on the OP, but Ron's idea of pointing him to this thread may be interesting...

[ron_newman]

I don't know much about yarnbombing, but I assume it can be done in a way that doesn't puncture or otherwise damage the tree.

[rmd.livejournal.com]

... I had no idea. You win at research!

[rmd.livejournal.com]

damage, no. humiliate, possibly!

[talonvaki.livejournal.com]

The Google-fu is strong with this one...

[clevernonsense.livejournal.com]

that's why they have a coordinator--to keep things tasteful and stylish

[svilletheatre.livejournal.com]

My understanding is that flyering of any type on trees and lampposts, public property (excepting community bulletin boards or the like) etc. is prohibited in Somerville. We mention that frequently to groups putting on shows at the theater, as our understanding is that we can be fined by the city for it. It's not happened in over a decade that I can recall, but then most people aren't as egregious in their violations as this organization seems to be.

[ron_newman]

1 Franey Road is the Department of Public Works, and 617-625-6600 is the main switchboard number for the City of Somerville government.

[clevernonsense.livejournal.com]

I assume the illegality of it stems from how ugly and blighted a neighborhood when every post, pole, and tree covered in what's essentially trash. In that vein I think it causes harm.

[ron_newman]

To me, that indicates that a neighborhood is lively and active and has cool things happening all over it. BUT, people need to take all of their posters down when their events are over!

[talonvaki.livejournal.com]

Aha. That makes sense. The address and the email/phone number were on different pages of that document, which was odd. His email is a city email too.

[talonvaki.livejournal.com]

Warden, not coordinator. Doesn't warden sound more...I don't know, powerful, somehow?

[springhill02143.livejournal.com]

I just picked up my moving signs and the instructions for posting them specifically prohibit stapling/nailing them to trees. You can tape them though. And you must remove them.

[qualitygig.livejournal.com]

A real quick update that I have sent an e-mail to Steven MacEacher that also includes a camera phone snapshot of one of the many staple-on-tree poster offenses.

Thank you for your replies -- In return, I will post a summary of who the offending party is as well as what the (documented) interaction was like. It started with texting, then circled to harassment and a phone call, and then dialing 311, which then connected me to the Police.

[clevernonsense.livejournal.com]

I propose the position title be changed to "Tree Fashionista"

[littlecitynames.livejournal.com]

I am the Warden, I speak for the trees?

[rufinia.livejournal.com]

That's not the most appropriate law. The key word in § 12 is "wantonly" and you're not going to get there with stapling a sign to a tree. You want Section 9, "Signs or marks on shade trees"

"Whoever affixes to a tree in a public way or place a notice, sign, advertisement or other thing, whether in writing or otherwise, or cuts, paints or marks such tree, except for the purpose of protecting it or the public and under a written permit from the officer having the charge of such trees in a city or from the tree warden in a town, or from the department in the case of a state highway, shall be punished by a fine of not more than fifty dollars. Tree wardens shall enforce the provisions of this section; but if a tree warden fails to act in the case of a state highway within thirty days after the receipt by him of a complaint in writing from the department, the department may proceed to enforce this section."

(Not a lawyer, but a law school graduate as of next week, and still with access to WestLaw)

[ron_newman]

The document you linked to earlier mentioned an "Urban Forest Initiative Coordinator", which I abbreviated to "tree coordinator".

[ron_newman]

Awaiting with bated breath ...

[paradoox.livejournal.com]

Wow, and this makes Somerville a better place to live how? What about lost pet posters?

[ron_newman]

Or, for that matter, yard sales? They attract many more people if the surrounding neighborhood has been liberally postered. Not everyone reads this community.

[pywaket.livejournal.com]

A few years ago I had a yard sale and out up a few fliers on nearby utility poles. During the sale a DPW employee drove up my one way street *the wrong way* in their truck to tell me *I*was breaking the law and would be fined if I didn't immediately go take down my signs.. Sigh....

[ron_newman]

I would not have known about the Brown School yard sale a couple of weekends ago if not for numerous signs on surrounding streets. (None attached to trees, I don't think.)

[smammy]

And here is was thinking that trees were resilient and could take a little stapling! After all, we climb them with tree spurs, tap them for sap, and so on.

[shaggy-man.livejournal.com]

If you'd ever glanced at a utility pole in these parts, you'd surely have regarded the phrase "a little stapling" as insane the moment you typed it.

[larksdream]

Actually, arborists try hard to only use spurs to climb trees that they're taking down, exactly because they open wounds that can let infection enter the tree.

It doesn't seem to me that normal staples would get past the outer layer of bark in a mature tree, but saplings and young trees have much thinner bark, and not everyone is overburdened with common sense. (I once saw an adult man doing pullups on a thin branch of a young city tree. Handy tip: if you are moving the entire tree with your activities, it is time to find a bigger tree.)

[icecreamempress.livejournal.com]

Behold the power of WestLaw!

[icecreamempress.livejournal.com]

Tap once a year, climb once every few years in most cases. Stapling every day is the death by a thousand tiny punctures. Also, it's unnecessary.

[ron_newman]

Some trees in parks and woods get climbed a lot more often than that, by kids and teenagers.

[chenoameg.livejournal.com]

Presumably not with spurs?

[chenoameg.livejournal.com]

I noticed a lot of posters for the new ice cream delivery service were stapled to trees.

[cos]

My favorite comment in davis_square in a long time!

[secretlyironic.livejournal.com]

Srsly. What happened?

[teko.livejournal.com]

Any updates on this situation?

[aroraborealis.livejournal.com]

Yeah, bring the backstory!!

[icecreamempress.livejournal.com]

Yep, exactly.

[qualitygig.livejournal.com]

I tried to post an update here, but for whatever reason I was only able to do so as a new post (http://davis-square.livejournal.com/2902544.html). Enjoy the backstory!

[ron_newman]

What error did you get? My guess is that the comment exceeded a maximum length.

[talonvaki.livejournal.com]

Awesome. I just nitpick forms' wordings. Didn't see Section 8, and you're right, that's way better.

[talonvaki.livejournal.com]

I can't wait!!!

[qualitygig.livejournal.com]

Oddly enough, there was no error / message -- It just didn't seem to post, either in Chrome or IE. The first time I tried to post a new thread, it went through right away. (I looked carefully to see if I was getting any error, but I couldn't see one.)

FYI, would have preferred to have kept it here given the relative 'shellacking' from random people who don't quite get this is simply an update on the backstory.