An Occupy Victoria protester who has moved his demonstration into a tree is being accused of pouring a two-litre bottle of urine onto the head of a city worker.

Lyle Barrette climbed into a homemade hammock atop the tree near Centennial Square on Monday, claiming that he had enough food and supplies to last 50 days.

Barrette allegedly dumped the bottle of urine Tuesday morning as a city worker was hoisted in a bucket to remove the protester's bicycle, which was dangling from a branch and had been declared a safety hazard.

The liquid splashed the worker's face, head and upper body. Barrette claims the substance was apple juice, not urine.

Police are classifying the incident as an assault, but say it is too dangerous to pull Barrette down.

Barrette told reporters a day earlier that he was moving into the tree because he was "pissed off" about an eviction order issued to the Occupy Victoria tent city.

"I thought this was a democracy -- don't we all get to choose? But it's not. We live in a bureaucracy," he said at the time.

The city served notice to the protesters on Sunday, giving them until noon Monday to clear out of the encampment. Although some tents were moved to make way for Christmas decorations and a skating rink, about 80 protesters remain in the downtown park.

The city is seeking an court injunction to end the tent city.