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HomeMy WebLinkAboutORD NO 1033 ORDINANCE ACE If o 1 p 'V1 Sn11IES AN ORD nMN CE OF TEM CITY.OF BAKE RSV ISID RELAT- ING TO TEM PLANTnTG AIM KkINTEIMTCE- OF TREESg SHRUBS AIW PLANTS IN STREETS, PA1RIBO PARMAYS t AND OTHER PUBLIC PL&C.ES AdU331N SAID CITY'$ ESTABLISHING CERTAIN RUIN$ AND REGULATIONS WITHV`.. REFERENCE TBM-TOg REGULATING THE- TRWING OF TREES, SERUBB AND PL NTS- BORDERING UPON AIM OV'M#iANGING SUCH ST ~ 'TS AND PUBLIC PLACES$ PROHIBITING THE PLANTIN;dG ADD GROW33G OF CERTAIN TF.EES;g AND RF4MALnu .ORDgNd N.CES NOo 632 d BERIESs,. AND 652 -NEVI SERI,ESV. AND ALL OTHER ORDI& NANCES IN CONFLICT BEEEWITHO BE 1V ORDAINED BY THE COUNCIL OF' TIE CITY OF BAMMSF IEYaD, as fol.low.a s SECTION l-o This ordinance 'shall be knoym an the "tree Ordinance" And May be cited as such4 SECTION 2-o DEFINITIONS-..S o. 4a) "Street" as used in this ordinance shall mean and iuelud6 any wady or place., of whatever mature., publiely maintairaod and open to the use of the .public for purposes of vim, hicular or pedestrian -travel..® (b) 'flSidewalk" as used in this ordixaano a shall man and In. olude that portion of a streets,' other than the roadway, set apart for pedestrian travel.:. (c) 'Public pl.acell as used in this ord neG shall mean and . include streets, avenues, highways,, 812076jo parks, parlway89 si.d®d walks, sidevwal.k spaces'$ or any other place open to or for the use bf the publiz. (d) '"Parktray" as used in this ordiixnde shall mean and iun elude that area between, sidewalks, anal that portion of streets ordizier•?ly used fcr .vehicyul.ar travel, or any other public area adjacent to sidewalks and streets ordinalily and usually used as and for planting areas, 1® BECT16N 3. STR TREE (a) It is for the best interests of. the City of Bakersfield that a comprehensive plan for the planting and maintaining of trees within the City should be developed and established,, and this ordinance is adopted for the purpose of providing for such a plan, and for the purpose of establishing regulations relating to the planting and maintaining of trees in the streets of the City and other public and private places therein. (b) The City Planning Commission is hereby charged with the duty of determining the types and varieties of trees for planting along the streets. Such determination shall be made by the Cam- mission after consultation with competent arborists. When such determination has been made,, the Commission shall report its -- determination in writing to the City Council in a report to be designated 4OFFICIAL TREE PLANTING LIST, BAKERSFIEtD, CALIFORNIA". Said report shall be placed on file in the office of the City Clerk,, and after such filing, the same shall be the official de- termination of the Commission. Thereafter said Commission may, from time to times file subsequent reports covering the same sub- ject, each of which shall be complete in itself and each shall also be filed in the office of the City Clerk. The latest of such reports so filed shall constitute the official list until supplanted by a subsequent list. (c) The Director of Public Works shall from time to t1me9 at the request of the City Council,, prepare plans which shall desig- nate9 by weans of a complete map of- the city streets9 a uniform method of street tree planting, the zoning of certain streets for certain types and varieties of trees, selecting suitable types for resideaatgs.l- €ftdag and special-types of trees for nonaresi:dential ­ areas. Such plans shall show the intervals between said trees, and the place inhere each tree is to be plantede. - The Director of Public Works shall submit such plan or plane to the City Council- 2e for Its approval or modificationp. together with the reoomwndation of the City Planning Commission,, (d) Men the uniform plan in its original or modified fora Is adopted by the City Council.., it shall beooama the tree planting plan for the streets of the City of takersfieldo and shall be strIctly adhered. to In all future str©ot planting projects* The Director of Public Work.-I and the City Planning Commission shall develop such plans toge ther a Copies of such plans- shall be made and kept on file 1n the office of the City Clerks where they tray be obtained by tho pusbl._':o o SECTION 4 a JURISDICTION AIM COATROL The Director of Public Works of the- City of Ba1q)Vsfield shall have full �urladiotion and oontro' l' of the designation of types and varietleso planting. setting onto looatIDg and placing of all treesp shrubs and plants in the- streets., pare, parkways and publid places of the City of Bakersfield,, and shall l,ikewlso have svpervisiong diredtion and control of the removal, re- location and replacement thereof provided., howevern that 1A wakes such determinations axed exercising such oontxol, he shall be l 3tad to the trees.., shrubs or plants designated on the then current official tree plantilag list. BE, So aERIJIT REQUIRED It shall, be unlawful for any p+orson9 f1rm., or corporation to plants move g remove, replace., trim or prune- any groom or standing tree, shrub or plant 1n the streets., parks., parkways and publics places within the City of Bakersfield, or to cause the same to be done, unless and unt 11 a permit in writing so to do shall have been first obtained from the Director of Public Works of said CStyo SECTION 60 - - - DUTY OI' ADJACLUT MER TO T?AINTAIII REPORT NAZARDOUS CORDI- TION (a) it is hereby made the duty of all owners., agents, 3® M Poop tenants Or c)tal�.-:fi, .0�'��'•O r.g A i�ix �r�?.A pc� rE�3s�,®fi7 cJYTi�GrO! O: real property '^Y�'d.p!�.isl ta'a o 3 ty `c prax.erly wd-JAUvate, care for and mai x-.C,a-%,& a7.A. '�:3'f�CBoS� r m---abs and j3"•`'.,WmAt s n or harAeft-or planm"Ied Or :yet ml-"' "e'':.'V !.3.i2 �:%r}^ ;3Ei2}�tia� �i ' Ji-:1'::.,f.�: p'i ace !u-mr!adist©ly ad-nmaoi.:t' to heiv-, i'�;:1';�..'I:?'.?'�! ��? p::o,�J©$''i3:�.Of�?a �:i b�C3C',rti� hOv?e�7G}7'g t'�.r0 u'.k+® general supe-x3visic''artz, d x'eo'il.on �md control of said Ditioector of Public (b) It sh3l!. a:'Xo be the o S' all such owners and perso-as having o c;onty-ol o%:° yea.l propc:�ty within said ter to prosaptly 'i'i e D xro-tor of Public. Wox ks in case .any tree a shx ab a!? '��:_..� ka t s st;ree�, parlarmy or public place lmed::ately adJaeo -% to proporty omoed or cont.rol.'lad b�,r such owner or person r;yyt-l"Ple tc; the pos oas i car,, or control- of such property, i in auch as ajo be hasar-C.b.as to public safety or dangerous to life, o:f gi0^A Nt; �s•�,°_ ; :ti Via:..F�;c9F t�e� p�..�^:. J i =?a. ® � �s® ,oaasti.a�a shall, L:�tc�r l r.. hits tha, of Publ. o Works ®,, p ox:s-mao acting Under his autlzox-:i t} :+u plaant i ng s A:��3l.c a?sag, pruning, triming a spray 1l:a , "s'r .? :; :ryl; ob? rcx- .oving =y t ter o, ahrub or plant In any street, pa,'U:,: or p,.Ll.'ic; pl ssoe ;-Ylt;hin the City of Bakersfield, or in of- any -.tone,, cOi:mit or other sub-stance from abo-x'� -61Le t:mazik oi' any tree, shynb or p?amt in any such stY°®et, pars, )t,Mkamv, a:: ,public place. SECTION 8. JOLAMFUT, TO- "LZELL OR INJURE (a) No person, firm or co:,mpora- tio:n s'aall, -in any wiso, sisrm, injure. destroy or kill any tree, shr_ib`o':* �y)1e. rt grE'tring, upon any stree'F:,. park, parla-my or public pl.a ve, by amy method whatsoever. (b) No person, firm Or corporation shall cause, authorize .or allow any brine water, oil, liquid dye or any other substance li o • C r deleterious to tree or plsmt life,, to 1ie9 leaks pour, flow or drLp on or Into the soil about the base of any tree, shrub or plant In wq streets, parka parkay -or public place of the City of Bakers- field or onto W sidewalks, or pavement, within said city at a point from which such substance mayp by lying upon or by flowing9 drippi;g or seeping into such soil injure., destroy or kill such tree, shrub or plant. (c) No persons, fim or corporations without the approval of the Director of Public Works., shall place or maintain any stone, cement or other substance which might Impede the free access of hater. or air to the roots of any tree.. shrub or plant in any street, park# parkway or public place of the City of Bakersfield. SECTION 9. s�'ECT CON, RL io (a) ' The Director of Public Works may Inspect arW tree,, shrub or plant upon any street, park# park- way or public) plane of the City of Bakersflald,, to determine Whether the same or any part thereof constitutes a hazard or an Impediment to the progress or vision of emyone traveling on said street or public place. M If the Director of Public Works determines that wW trees. shrub or plaint Is hazardous to the traveling public or impedes the progress or the vision of said public on any such street or public placep he way oause the same9 or such part or parts thereof as are hazardous or- impedient9 to be trimmed or removed so as to remedy such hasard.olxs or impediGnt condition. SECTION 100 OF Owm PRIMATE PRO (a) It shall be the duty of ever . person, firm or corporation having charge or control of my lot or premises, either as owner, agent, lessee. tenant or otherwise, to trim or cause to be trimedD or remove or cause to be removedg all trees,, shrubs or plants or any part or parts thereof .. SrowSmg or standing on said property., which may constitute a hazard 5, a or an impediment to the progress or vision of anyone traveling on any street or public place. (b) Whenever it cameo to the attention of the Director of Public Works that any tree,, shrub or plant growing or standing on any private -property constitutes a hazard or an Impediment to the progress or vision pf anyone traveling on any street or public places be shall give notice of such hazard or impedient to the owner or occupant of said premises together with a request to remove or correct such condition. Such notice and request may be given either by personal service or by mail., to the owner or occupant or other person in charge or control -of said premisesD or by posting notice upon said property and mailing a copy thereof to the owner or occupant. The oumer or occupant of said promises shall„ within - days after the service or posting and mailing of said notice., remove or cause to be reYmoved,, such hazardous or impedient condition.. (c) Should any person., firm or corporation fail, neglect or refuse to conform with the provisions of this ordinanceD the Director of Public Works shall have the power to carry out such provisions and the cost thereof shall be charged to and became a valid claim- against such person,, firm or corporation, recoverable In any court of competent jurisdiction. SECTION 110 NO QT NPOrd C= Nothing contained In this ordinance shall be deemed to Impose any liability upon the City of Bakers- fields its officers or aaVloyees.,, nor to relieve the owner of any private property from the duty, to keep any tree, shrub or plant upon his propertyD or under his control,, in such a condition as to prevent It from constituting a hazard or an Impeclimen to the progress or vision of anyone traveling on any street or public place within the City of Bakersfield. 60 ? L SECTION 12. CER TREES M2H BITED It shall be unlawful for -the owner lessee, agent, tenant or any other person having charge or control. of any lot., piece or parcel of land within the City of Bakersfield.. to plant, grow or permit to be planted or grown any female populus fremontii vats tree or trees commonly known as female cottonwood tree or trees which bear seeds of a cottony, wingy or downy nature the fruiting variety of rnorus albs and morns nigra tree or trees, comonly known as the fruiting varieties of mulberry tree; or any female species of Salix treeD commonly blown as Willow tree, which bears seeds or cements of a cottony, wingy or downy nature, within said city. SECTION 13. PENA (a) Any person., firm o�? corporation violating any. of the provisions of this ordinance shall be guilty of a mis- demeanor,, and upon conviction of any such violation such person, firm, or corporation shall be punishable by a fine of not more than y)300.00 or by i prisoment in the County Fail for a period not exceeding 90 days, or by both such fine and imprisorrnent. (b) Every such person, firm or corporation shall be deemed guilty of a separate offense fox, each and every day during which or during arq portion of which., any of the provisions of this ordinance is violated and shall be punishable therefor as herein provided. SECTION 14. COLSTI7MIONALITY If any section, sub section, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validi -;,,- of the remaining portions of the ordinance. The City Council of the City of Bakersfield hereby declares that it would have passed 7. q this - ordinance and each section, scab-sections sentence,' clause and phrase her6of irrespective of the fact that. any one or more . other sections sub-sectiogns9 sentences,.' clauses or phrases be . declared invalid or unconstitutional. SECTION 150 MAWS. mat Ordinances No. 632 NewSeries and No. 652 Netr Swieso .and all other ordinances- and parts of ordinances in conflict, herewith are hereb'y. repealed. ' SECTION 160 Z"ECTI DATE This ordinance shall take effect and be in force thirt-y days after the date of its passage. -------00o-------- I EMEBY CERTIFY than the foregoing Ordinance was passed and adopted by the Comall of the City of Bakersfield at a regular meeting thereof held on the --- --(� day ofby the following votes AYES: CARNAKIS, OWNS, =ES,EYELET",SCHWEITZER, SULLIVAN&.YESti. p - NOES: ABSENT: :...:_.:..a::_::..:.... City Clerk and Ex-Officio Clerk of Council of the City of Bakersfieldo APPROVED this �,0 _ da f 19 A 4� MA O of the. ty of Bakersfield N 80 , awaut# o STATE OF CALIFORNIA County of Kern i MARIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that ; on..............JanLu&Tv...12....................----- -------------------------, 19-_55 she posted on the Bulletin Board at the N • I ;.� City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on.........January....10.......................................................... 19._55, which ordinance was g numbered........1033.........New Series,and entitled: I: i AN ORDINANCE OF THE CITY OF BAKERSFIELD RELAT- ING TO THE PLANTING AND MAINTENANCE OF TREES, SHRUBS AND PLANTS IN STREETS, PARKS, PARKWAYS .' AND OTHER PUBLIC PLACES WITHIN SAID CITY; ESTABLISHING CERTAIN RULES AND REGULATIONS WITH I � f REFERENCE THERETO; REGULATING THE TRIMMING OF I TREES, SHRUBS AND PLANTS BORDERING UPON AND OVERHANGING SUCH STRETS AND PUBLIC PLACES: PROHIBITING THE PLANTING AND GROWING OF CERTAIN TREES: AND REPEALING ORDINANCES NO. 632 New SERIES AND 652 NEW SERIES, AND ALL OTHER ORDI- NANCES IN CONFLICT HEREWITH , N I i - --------- �. --- I ' 6 /3'ubsc�ibe pan sw i jip.before me this I i.=�4 tklr day'o elalllX'y-------------------- 19.... 5 VIA * _ - ------------- , w�'�Nofa�?y/Public,irf and`fq�the County of Kern, `! of.Galifornia. I Nov. 12, =35a ' i