HomeMy WebLinkAboutORD NO 459 1
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/~AL DI~PARTM~NT
CITY OF BAKERSFIELD
ORDZ.nma.
A~ ORDINANCE OF T~D~ CITY O~ 3A~RS~I~
0E TREES IN ~ S~EETS ~ SAID OIl, ~ING A
VIOLATION ~eF "A ~~OR ~ ~OVIDING A
PEN~
BE IT ORDAINE BY TE ~UNCIZ 0E ~E CITY O~
B~ERSFI~D, as follows:
SEOTI ON 1 ·
Except as herein strum_so prodded, Ordinance No.
of the City of ~rsfield s~all rma~ in ~ll force and elfsoS;
~d it s~all be ~a~ for a~ petsre, fiN, or corporatio~
to otherwise remove, ~estroy, ~t, prone, deface, or in a~
tamer injure or ~ c~se or per~t ~ be rmoved, destre~d, ~,
pmed, ~efaced, er in ~ m~ner injured, a~ tree in a~ s~reet
in the City ~ ~ersfield, or to post or alex' to my tree
s~mb, tree st~e or ~ard, in ~ s~ree~ of said City, a~ bill,
poster, p~card, picots, anno~cemmt, notice, advertisement,
or si~, or ~t, paint, print, or ~ark a~ of ~e s~e upon
suc~ tree ~ shrub, tree s~ake or ~ard., er af~x or attach
~ m~mr my other ~hi~ whatsoever, includi~ ~ ~Y wire
mrs to ~ ~ch ~ree or stub, ~ree s~e ~ ~ard~ or cause
~y of ~he sme to be done, exce~ for ~e ~r~sa of pro~ec~i~
it, The word "stree~" or "Streetz" as ~ed in t~is Ord. inmce
s~ce ~ong a~ ~ublic street, ~Ley, or l~e, a~d m~ rig~
way or easement ~elo~ing .to the City ef ~rsfiel~,
SECTION R.
~ee~ as to pmni~ and trming of trees as pro vASsal
for in said Ordinate No. Z8S, it s~all be t~e duty ef the ~rk
Oomissiomr of said 0i~y, ~u~er such roles, reg~a~ions,
d~ections, or instruction as ~y ~e sug~s~ed, promlga~ed,
ma~e by the Park Oomission of said OiSy~, to prue, ~, ca~e
for, md otherwise min~ain ~ see ~ t~e property e~er min-
tsins u~sr due repletions, the ~rees md s~r~s in t~ streets
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LEGAL D.~p.,~,TML='NT
for such pruning, trimming, care, and maintenance, The Park
Commissioner, upon the recommendation of the ~ark Commission end
upen the approval of the City ~.nager, .shall cause to be removed
any tree or shrub or any l~rt thereof in any public street, which
tree or shrub or l~rt thereof is dead or likely to fall or to
become dangerous or an obstruction to public travel on such street~
SECTION ~,
It shall be unlawful for en~r person, firm, or corpora-
tion to plant or cease or permit to be planted any tree in any
street in the City of Bakersfield unless and untL1 a permit for
such planting shall first have been secured from the Park Conmiss-
loner, Such permit shall assignate the kind of tree to be planted4
the location c~ the same, and such other matters in connection
with such planting as the Park Commissioner may desi~ate, and no
such planting s ball be done except in accordance rith the terms of
such permit°
SECTION 4,
Any l~rson, firm, or corporation desirlng that any tree
in spy street in the City of Bakers field shall be removed, cat or
trlmned, for any reason or in any m_~nner other than specified in
said 0rdiname No. ~85 and in Section 2 of this Ordinance, shall
make a written application to the Park Commissioner that such tree
be removed, cat or trimmed, which application shall set forth the
reasons why such removal, cutting, or trimming is desired and why,
in the opinion of the applicant, such re, oval, cutting, or
trimming will not be unsightly or detrimental to the neighborhood
in wblch such tree is located and to the public welfare, Such
application shall be referred to the Park Commission whe shall make
tits recommendation to the Park Commlssion~ approval or disap-
proval of the sine, or my reoonnnend that such application be
granted upon such reasonable terms as it may see flt to 1ropesee
Such recommendation must be m~de as soon as practiCal~
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LrGAL DrPARTM ENT
CITY OF BAKERSFIELD
later than two weeks after same has been received. Iu case no
objections or recommendations are made by the Park Commission
within such time, the Park Commissioner may issue such permit
without the recommendation of the l~rk Commission, In all cases
where it is posslble to do so, the Park Couxnlssloner shall glve
due consideration to any recommendation which may be made by tbs
Park Con~nisston on any such application, unless the public health
or safety demand that said permit be issued forthwith. Upon
the issuance of any such permit the Superintendent of Streets
shall cause such tree or shrub to be removed, cut, or trimmed,
provided, however, that the cost of such removal, cutting, or
trhnmiug, as determined by the t~xrk Commissioner my be required,
in case the Park Commissioner so demands, to be advanced and paid
by the person making such application°
SECTION 5.
Any person, firm, or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a mis~
demeanor, and upon conviction thereof, shall be punishable by a
fine not exceedin6 Three lxudred Dollars or by imprisonment in
the County Jail for a period not exceeding ninety days, or by
both such fins and imprisonment,
SECT I0l 6o
If any section, sub-section, clause, or phrase of this
ordinance is for any reason held to he unconstitutional, such de-
cision shall not affect the validity of the remaining sections of
this ordin~noeo The Council hereby declares that it would bays
passed this ordinance, sod each emotion, sub-section, sentencore
clause, and. phrase thereof, irrespective of the fact that any one
or more other sections, sub-sections, sentences, clauses, or
phrases be declared· unconstitut ionel.
I HIEBY CERTIFY t~t the foregoing OrdlU&Uce was
passed and adopted by the Council of the City of Ba~.ald at
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a regular meeting tbereo~ field on the
I9~5, by the following vote:
day of
R'~'8: BODLqe GIST, ~I~MOH, SMITH, )OLLF..~. WRI.TERS, WILIOM
NOES; ~ ............. .** .....................................
25.~EHT: ~
City Clerk and o t~Y~k of the
Council of tfie City of ]~almrsfielde'
AI~*uROVED by me tfil s ~ day of ~ ,
MAYOR 0~ THE CITY OF ]~AEERSFI~D
1935,