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HomeMy WebLinkAboutORD 082 (1951)ORDINANCE NO. 82 AN ORDINANCE OF THE CITY OF TUSTIN REPEALING ORDINAMU13 NO. 75 AND PROVIDING FOR THE REGULATION OF PLANTING, PROTECTION,, PRESERVATION AND CONTROL OF TREES AND SHRUBS PLANTED, GROWING OR PROJECTING UPON THE PUBLIC HIGHWAYS OF THE CITY OF TUSTIN, FIXING PENALTY FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TliEREWITH. The City Council of the City of Tustin., does ordain as follows: 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 guards, 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., any apply to the City Council of said City for a written permit therefor, and upon such permit being granted, may climb, cut, break, trim or remove any tree or trees mentioned in such permit in accordance with the terms thereof; provided that when at any time hereafter, the limbs or branches of any trees grown on any land in the City of Tustin extend over or Into any of the public highways or alleys of I or in said City and interfere with the free and uninterrupted use of such highways for 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 limbs or branches as extend.into such highway., And if such limbs or branches so extending are required to be cut off or detached for any other purpose than for ordinary travel on such surface of the highway, the expense of detaching or cutting off such project6d limbs or branches shall be defrayed by the person, firm or corporation whose use efcbuch highway shall require the detaching or trimming of such limbs as project into the highway, and at all times the detaching or trim- ming of such limbs or branches projecting into a highway shall be done under the direction and supervision of the City Council or 1. its representatives, and no limbs or branches so projecting into a highway shall be detached or trimmed by persons without 4-1- ..,,,;;-4-on nf the Citv 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 are located which trees or any of the limbs thereof project into, over or upon a highway, to cut and trim such tree or trees under the direction of such City Council, and if such owner, or authorized agent of said peoperty does not comply with such direction of said City Council within a reasonable time, said City Council shall proceed to cut 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 City of Tustin, attach or keep attached to a tree or plant, in a public highway, or to the guard or stake intended for the protection of such tree or plant, a rope, wire, sign, placard, or any device. Section 3. No person or corporation shall, without the written permit of the City Council, place or maintain, or cause to be placed or maintained, upon the ground in a public highway of or in said City of Tustin, any stone, cement of other sidewalk or any stone, cement or other substance which shall impede the free access of water 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 (4) square feet of open ground for a tree of six (6) inches in diameter, and for every tree of three (3) inches of increase of such diameter, there must be an increase of at least one (1) square foot of open ground. Section 4. In the erection or repair Of a building or structure, the owner thereof shall place 4Vch guards around all 2. nearby trees on the public highways as shall.effectually prevent injury to them. Section 5. No person shall fasten a horse or other animal to a tree or plant in a public highway of or in said City, unless such tree or plant in effectually protected by a tree or plantuard and no g , person shall cause a horse or .other animal to stand so that said horse or other animal,can injure any tree or plant on or in any such public highway. Section 6. Every person or corporation having any wire charged with electricity running. through a public highway in said City shall securely fasten such wire so that it shall not come in contact with any tree or plant therein; and no person, persons or corporation shall, without the written permit if the City Council, attach any electric wire, insulator, or any',device for_,.-.,,, the holding of an electric wire or for bracing the poles which carry the same, to any tree growing or planted upon any public highway of or in the said City of Tustin. Section 7. No person or corporation shall in anywise interfere, or cause or permit any person to interfere with the City Council or its employees in and about the planting, mulching, pruning, spraying, treating, or removing of any tree or plant in the public highways of or in said City, or, in the removing of stone, cement or other sidewalk, or stone, cement of other sub- stances about the trunk of any tree or plant in any such public highway of or in said City, Section 8. No person or corporation shall plant or set out any tree or plant, or cause to procure any person to set.out or plant any tree or plant, in or on any part of any public high- way of the City without first having obtained a written permit therefor from the City Council, setting forth the condidions under which trees or plants may be set out or planted and the kind thereof and the person obtaining such permit shall comply with all the 3. terms and conditions thereof. Section 9. Any person, persons or corporation violating any of the provisions contained in this Ordinance shall be deemed guilty of a misdemeanor, and shall be punsihed by a fine of not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars (0500.00) or by imprisonment for not more than .six months in the County Jail of the County of Orange, or by both such fine and imprisonment. Section 10. Every violation by the same person of any provision of this Ordinance which occurs again or continues on any day or days succeeding the first violation thereof, shall consti- tute an additional violation for each of such succeeding day s. Section 11. The word "person" whenever used in this Ordinance, shall be deemed to include corporations, 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 there6f. Section 12. This Ordinance is intended to give, and it does hereby give, full and complete power and authority to the 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. Ordinance No, 75 of the City of Tustin entitled "AN ORDINANCE REGULATING THE PLANTING, PROTECTION, PRESERVATION AND CONTROL OF TREES AND SHRUBS PLANTED, GROWING OR PROJECTING UPON THE PUBLIC HIGHWAYS OF THE CITY OF TUSTIN, FIXING PENALTY FOR TEE VIOLATION OF THE PROVISIONS OF THE ORDINANCE AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THERE- WITH" is hereby repealed, and all Ordinances or parts of Ordinances of the City of 'Tustin in conflict herewith are hereby repealed. Section 14- If any section, subesection, sentence, clause, phrase or other portion of this Oddina.nce shall for any reason be declared to be invalid or unconstitutional by any decision of any Court 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 Ordinance and each section, sub -section, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, sub -sections, clauses, phrases or portions be declared invalid or unconstitutional. Section 15. The City Clerk shall certify as to the passage'and adoption of this Ordinance and shall cause the same to be published once in "The Tustin -News", a newspaper of general circulation printed, published, and circulated weekly in said City, of Tustin, and immediately after Its -pas sage and adoption, the same shall take effect,and-be in force. PASSED AND ADOPTED by the City Council of the City of Tustin this 2nd day of -January 1951. , ATTEST: , y erk mayor The Above and foregoing'Ordinance was duly and regularly introduced at a regular meeting of the City Council of the City of Tustin, held -on the 13th day of December, 1950, and was duly passed and regularly adopted at a regular meeting of the City Council held on the 2nd day of January, 1951, by the following vote: AYES: Councilmen: Humeston, Gray. Miller. Teter, Bacon. NOES: Councilmen: None ABSENT; Councilmen: None City Clerk°of the ity of Tustin ,� 5.