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Home My WebLink AboutORD 75 (1949)ORDINANCE NO. 75, AN ORDINANCE REGULATING THE PLANTING, PROTECTION* PRESERVATION ANIS. CONTROL OF TREES AND SHRUBS PLANTED, GROWING OR PROJECTING UPON THE'PUBLIC HIGH- WAYS OF THE CITY OF' TUSTIN; FIXING PENALTY;F0R.THE.VIOLATION OF THE PRO- VISIONS OF THE ORDINANCE AND REPEAL- ING ALL ORDINANCES OR -PARTS OF ORDIN- ANCES IN CONFLICT THEREWITH. Section. 1. No person or corporation shall cut, break trim,_remove, or in any way injure or deface the trees, shrubs, plants,;tree.posts or tree -guard , in or upon any of the public highways of or within the City of Tustin. Any person desiring to cut, break., trim:or remove any tree or plant in.,or.on.any public highway of the City of Tustin,. may apply to the City Council of said City for a written permit therefd'r, and upon such permit being granted, may climb, cut, break, trim, or re- move any tree or.trees mentioned in such permit in ac-corriance with, the, terms, thereof; provided that when at.any time. .:here° after, .the limbs or, branches of any.,tre.es_grown--on any land 'in the 'Gity of` Tustin extend; over, :or into any ` of the . public .high-' . ways or alleys of or in said City and -interfere with: the free and uninterrupted use of such highwaysfor any lawful purpose_, the City`Council may trim or detach., or cause. to be trimmed or.. detached.from any.such trees, such part.of-such imbs or branches` as extend into such highway. And if such limbs or branches so_- extending are :required to be cutoff, or detached for anyother purpose than for ordinary travel on the �surface_of .the highway, the expense of detaching or.cutting...off such projected limbs or branches shall be defrayed by the person, firm or corporation whose use ofsuch highway shall require the detaching or trim- ming of such limbs as project lnto'.the highway,and. at all times the detaching or .trimming,of,such limbs or branches projecting int,oAa highway shall be done under the..direction and supervision of the Qlty Council: or t s representatives and no, Simbs or: branches so projecting into a highway, shall be_.detached or trim- med by -persons without th.e written .permission:_of the City Council. The City'Council shall have power and authority to direct the.,owner, or authorized agent of such owner, of property upon which`any.trees j are located which trees or any of the limbs thereof project into, over or upon a highway, to cut or trim.such tree or trees under the direction of such City Council, and if such -owner., or author- ized agent of said -'property does not comply with such direction of said City Council within a reasonable time,.said City Council shall proceed totut'and trim such tree. or trees so projecting as aforesaid, in.a proper and suitable manner. Section 2. No persons, shall, without the written permit of the :city Council of the Gity` of Tustin' attach or keep attached to a,. ree or., pl6nt, in .a .public highway, or to the guard or stake. intended for ;the protection of such a tree or plant,, a rope, Witres sign, ,placard, or_any device',`, flection= 3. No person or-- corporation shall, without the written -permit ,of the , City Council, placeor, maintain,. or, -cause to be.placed or maintained, upon the ..ground An a public high*ay of of in said City of Tustin, any stone, cement.or other .sidewalk or any. stone, cement or, other substance._ which.. shall impede the free ae,e-esa ,of seater and air to the roots of any tree or plant in such highway. Unless otherwise provided for in such written.-: permit,', there :must: be maintained about. the base of the trunk of each shade tree or plant in the: streets; of the City four .{.} square ^ feet; (of .,open ground for a '-trete sof six (6:)inches,,in- :diam- eter, and for ,every: tree of three : 0) inches of , increase of such di.ametrer : there:, must be an increase of at least : one M: square foot o:f:. open ground,. Section 4. In the erection 'or;repair of a building or structure,`:the owner thereof shall place such guards around all nearby :trees on the. public highways as: shall effectually pretent injury to them. Section 5. N'o person shall faster a horse or other animal to a tree or .plant in•a public highway-of",or in said.City, unless such tree or plant is effectually protected by a tree or plant. guard, and no person shall cause horse or other animal.to stand . so that _fsaid. horse ori other 'Animal can injure any tree or� plant on or in any-such_public highway. section 6:,; Every person or corporat =:having -any =wire charged with electricity running through a public highway in'said, City shall securrely fasten such wiresothat it shall notcome in contact with any tree or plant therein; and no person, persons or D= corporation,shallp without the.written.permi-t of_theCity Council, attach any electric wire-, insulator, or.,: any device,. for the hold!:, Ing of an; electric <wire or, for: bracing the poles: which, carry' the same., to,anyli,tree growing,, or planted upon. any, public highway of, or 1xvthe - said City, of Tustin. 'Section,.7's No.person or corporation.. shall- In anywi-se inter- fere, or,cause to permit any person to� interfere with the City Council or its,-empl,.Oyees in and about theplanting., mulching., pruningosprayingj,:treating, or removing.of'.any-tree or,plant in: -the. zpublic"-highways Of -..or In said City,- orAn, the removing, of stone, cement or.other sidewalk,, or sto.ne.,, . cement or other, � sub- .. stapce;jabout the �trunk of any tree or plant 3n any such publLo highway of or in said City. ,Section No p4rson or corporatii . a I n Shall plant or set out, an e any ,personAo ,set,,out y- tree :or p An or- .cause or pr ocur ant ,any,tj' :,Plant,,, or plant "ee_ or _.in, or, on. any - part -of any � p ub-1 I c ; hi gh,- way of the City withoutfirst having obt.&ined--awritten : permit :.J:. - therefor; - from i the, C=ity: , Gouncil,,,- , settingi, forth,. the, conditions under which trees or.plants!�maylbe set out-or,planted and the kind thereof, and %the -person obtaining,, suoh. jperMit comply,with. all the terms and -conditions thereof. - Section, 9."-, Any p,ersonq persona or corporation, violating any of the provisions contained in this,-Ordinanceshall be -deemed, - guilty of "a -mi idemeianoV,- - and shall be, -puniiih6d'. by a f in6 of not less than Ten Dollars ($10.00) nor,moreathan.Five hundred Dollars ($500.00) or by Imprisonment for not more than six months in. the County Jail of the County of Oranges.or by both such fine and Im- prisonment. Section --10.`-Every violation, by...the "same :person :of any pro- via1pn-of this Or.'41naihte -whicrhi occurs again or continues ->on :a.ny-,,,, day or days-,succeedixig--the first violati an - the re -of ".:shall . e.on At I tute qn,, additional, violat-Lon, .for eaqh of -"-such,, succeeding days.,. Section 11. The word "person" whenever used :in this ,-Or- dinance.,,; shall ;be deemed �.to 1naluder corporvations,, partnerships and associations existing under or authorized by the laws of this State, the words "City Council" wherever and whenever used herein mean the City Council of -the City of -Tustin,, or any authorized representative or representatives thereof. ;Section 12. Thls Ordinance. is intendedta.. give, 'and "it does hereby give, full and, complete power and authority to, the; -.1 said City .Council. over any and all. trees, plants or-: shrubs' now planted, and 'growing or hereafter to� be planted and grown, upon any and all of the public highways of..'or in. said. City- of.� Tustin. Section "13. All Ordinances or pants of Ordinances --,of the City of .Tustin in conf list herewith ..are. hereby repealed,:. Section' 1 . If, any section, sub-:sec.tlon,.. sentence_;; cil'ause, phrase; or. other. portion of this -Ordinance. shall" for any rea-son- be declared to beinvalid.--or, unconstitutional -by, any decis3.on 'of any C:ourt,. of competent; jurisdiction, ' such- decision shall` not effect. the, validity of the remaining_ portions. _of this Ordinance. The Council hereby declares that it would -have adopted this Or- dinance -,and each section, sub -section,. sentence, clause,"phrase or port:i"on thereof. irrespective of thefact that any one=or"more se tidns, sub -sections, clauses, phrases:, or -portions be,, declared invalid or, uncon"stitutional. Section 15. The City Clerk. shall certify to the-pas`sage - and adoption of this.Ordinance and shall cause the same to be published once in ' "the Tustin Newsff I "a- newspaper_ of general- cIr--- culation printed', published, and.circulated.weekly in said --City of Tustin;. and immediately, after its paasage. and adoption, the same shall take ;effect and be in force.: PA.SSED'AND ADOPTED;by the City Council of the -City of Tustin,this';l6th day ay, 1949• l ..1 ATTEST: City Cler yor The above.and.foregoing'Ordinance was'duly,introduced at at a regular.me.eting of the City Council held on the 16th day of May,. "19 .9, and: was regularly::passed-and _adopted �_at a regular meeting of' the..:.City C:ounei.1 held -on the'16th.-day of May, 1949.,' by the following vote : AYES: Vincent L. Humeston, Willi -am I. Miller, William H. Gray, Arthur M. Charleton and Frank E. Bacon, Jr. NOES: None ABSENT: None City Clerk of the City of Tustin