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Home My WebLink AboutORD NO 632 8 AN ~.RGENCY ORDINANCE REPEALING ORDIXqANCES NUMBERED 383 4~ NE%~ SERIES, AND 4~9 I~W SERIES OF THE CiTY OF BAKERSFIE~ AND REGLTLATING THE TRD:~YING OF T~EES, BUSNES SHRUBS AND VINES BORDERING UPON AND OVERHANGING STREETS, ALL~*S~ SIDE~VALKS AND PUBLIC WAYS, AND THE RE}~OVAL OF TREES, BUS~S, SHRUBS AND VINES AT OR NEAR STREET INTEREECTIONS WITHIN SAID CITY. WHEREAS, the City Council hereby declares that an emergency exists for the ~mmediate preservation of the public peace, property, safety and welfare, which requires the passage of an emergency ordinance regulating the trimming and removal of trees, bushes, shrubs and vines, bordering upon and overhanging streets.~ 'alleys, sidewalks and public ways, within the City of Bakersfield. NOW,T. HEREFOHE, BE IT ORDAINED BY THE COUNCI'L OF THE CITY OF BAKXRSFIELD, as follows: SECTION 1. It shall be unlawful for any person, firm or corpora- tion ha. ving charge or control of any lot or premises, either as owner, agent, lessee, tenant or otherwise, to allow an~ limb, twig or leaves of any tree, bush, shrub, or vine growing in or upon or bordering the sidewalk or sidewalk space of any public street, alley, or public way in front of such lot or premises, or upon any premises abutting upon such sidewalk or sidewalk space, to interfere with or obstruct the free passage of pedestrians or vehicles along such side- walk or sidewalk space, street, alley or public way. SECTION 2. All lower limbs, branches, twigs and leaves of each and every tree, bush, shrub, and vine, growing in or upon, or over- hanging any public ·sidewalk or sidewalk space or public way, shall be kept trimmed and removed so that at all times no portion of said tree, bush, shrub or vine shall hang nearer than eight feet above the level of said sidewalk, sidewalk space or public way, provided,' however, that whenever any portion of any such tree, bush, shrub or vine extends over or upon the street, alley, or public way in front of or adjoining said lot or premises, the same shall be' trimmed so I I I I i I I II I I I .V. VAN RIPER, being duly sworn, deposes and says: That he is ' duly appointed, acting and qualified Clerk o.f the City of Bakersfield; I AN mm~G~.NCY 0ROINAE~. R~.mI~ 0m3II~ANC~.S z~mmmD 383, 458 ~v SERIES, AND 459 NEW SERIES OF THE CITY OF BA~RSFI~.D AND REGU- · LATING THE TRI~IING OF TREES, BUSHES~ SHRUBS AND VINES BORDERING UPON AND OVERHANGING STREETS, ALLEYS, SIDEWALKS AND PUBLIC WAYS, AND THE REMOVAL OF TREESt BUSHES, SHRUBS AND VINES AT OR NEAR STREET INTERSECTIONS WITHIN SAID CITY. Subscribed and sworn to before me this I ! . I I I .~: ; ~ ' i I that is not done, the Superintendent ~f Streets shall remove them or cause them to be removed. SECTION 6.. Should any person, firm or corporation fail, neglect or refuse to conform with the provisions of this ordinance, the Super- intendent of Streets shall have the power and it shall be his duty to carry out such provisions and the cost thereof shall be charged to and.become a valid claim against such person, firm, or corporation, recoverable in any court of competent Jurisdiction. SECTION ?. Any person, firm or corporation failip~ to perform any of the duties prescribed herein, or violating any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not exceeding Three Hundred ($300.00) Dollars, or by' imprisonment in the County Jail for a period not exceeding ninety (90) days, or by both such fine and imprisonment. SECTION 8. Ordinances numbered 383, 4~8 New Series, and 4~9 New Series of the City of Bakersfield are, and each of them is hereby repealed.. SECTION 9. This ordinance is hereby declared to be an emergency measure within the meaning of Section 24 of the charter of the City of Bakersfield, State of California, and necessary for the immediate preservation of the public peace, property, safety and welfare, and shall. take effect immediately upon its passage by the Council of the City of Bakersfield. ............ 000 ............ I HEREBY CERTIFY that the foregoing Em~rgenc~ 0rdiD~nce was passed and adopted by the Council of the City of Bakersfield, at a regular meetip~ thereof, held on the/~~ay of January, 1943, by ~he following APPROVED by me is/~ ~_ day of nua~r~~ Ja . . ~'ity' Clerk and EX-Officio Clerk of the Council of the City of Bakersfield. that at no time shall an~ portion of same hang over said street, alley or-public way at a height of less than eight feet from the top of the. curb along said street or alley, w~re there is a curb, and not less than nine feet above the.surface of said street or .alley, where there is no curb, and provided further that upon all paved streets, alleys and public ways, said trees, bushes, shrubs, and vines shall be trimmed at such a height as the Street Superintendent may direct, to enable equipment used by or for the City of Bakersfield' to be operated without interference. SECTION 3. It shall be the duty of every person, firm or corpora- tion havi~ charge or control of ar~V lot or premises, either as owner, agent, lessee, tenant or otherwise, to ~rim or cause to be trimmed at all times, all overhanging limbs, branches, twigs and leaves to con- form to a~ in compliance with the provisions of this ordinance. SECTION 4. Whe~ver any tree, bush, shrub, vine or other vegetable matter shall be at or near any intersection of streets within the City of Bakersf~eld so as to constitute a traffic hazard or to interfere with the safe use of any' of said Streets, it shall 'be the duty of the police officer in charge of the traffic division of the City Police Department, to report such condition to the Superintendent of StreetS, and it shall be the duty of the Superintendent of Streets, to remove or cause to be removed such tree, bush, shrub, vine or other vegetable matter as herein provided. SECTION ~. Upon receipt of any report. under Section 4 hereof~ - the Superintendent of Streets shall give notice of such report to the owner or,occupant of the property affected by' such report and demand that said condition be removed. Such notice shall be given by personal~ service if that can be done after reasonable and diligent effort, and if that cannot be done, then by posting a notice upon such property and mailing a copy thereof to the owner or occupant at his last known address. The owner or occupant of said property shall have at least ' ten days after the service or posting and mailing of said notice, to remove or cause t~ be removed any tree, bush, shrub, vine or other vegetable matter mentioned in said report and said notice, and if