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HomeMy WebLinkAbout1958-12-02; City Council; 1060A; Trees (public) - planting, maint., protection, control & removal&N 13 pub1 i c vv ay . SECTIOX 2, JEiISDICTIOY A59 AXJTRORITY. The park and Recreation Department shall exercise jurisdlct ion m-d control over the planting, zaictenance, care ar,d rernoval or" trees, shrrabs or plant ms , 11 streets or other public highways of the 3.4' 15 16 17 18 19 20 21 22 2: 2' 2; 2' 3 3 3 1 Lion and duties as are prescribed in this Ordbance, -* SECTION 3, RFPROVJi %&&UIRZDa ivo tree, palm, shrub or plant sh8l1 be planted in any of the streets or other public highway of the City of Carlsbad unt ajjpointee shall have first approved the kind and variety, desig- nated the location therefore, and granted the permit for plznting the sane. ity i'Lanager Or his SECTIclJ 4 e REI.QIJ,G Gr PI;&'TI'TG ~j~~T~OlX! PE%I,IIT ~~~~I~IT~~. ffo person, firm or corporation shall, without 8 perrnitfroix the CitJT jiianager or his appointee, re deface, or in any other way inj palm, s4nrub or plant, or endang shrub or plant that is now o street or other public highway o break, cut, trim, ere tree, any such palm, may hereafter besomring in any the City Of CarLsbade I L. 3 4 5 6 10 11 12 15 16 17 18 19 20 21 22 24 25 27 28 29 30 3 1 4P 4P Such permit shall specifically describe the work to be done thereunder, and such permit shall be voi he date of issuance. Vpon filing ion of this tiqe v.p to sixty (60) d City &nager or his appointee. The cost of reaoval of any tree, palm, shrub o lant at the t of azd for tke benefit or convenience of a perty owner shall be paid Yo by such proper %bere an existing tree, pal vents access to a building site, s tree or plan d at applic expense upon iss ce of proper from the City Eanager or his appointee, provided that a vdid building permit has been issued- for the constructi of the hpro nt necessi- tating the removal of the tree or plant, In the event that trees or plants we so refloved in confor- mance with the above, and. the improvement fo he building permit was issued is not constructed within six (6) months of the date of fssuance, the holder of the removal peinmit shall be liable for the replacement cost of trees or plants of equal variety to those rexioved. SE:C!?ION 5. Eo person, firm animal to any tree, palm, shrub or plant or hereafter growing in any street or other public City of Carlsbad; nor shall any person, fk:i or corporation caxse or ermit any animal to stand or “be near enough to any tre palm, shrub o bite or rub against, or in any mm.i?er injure or deface the same; all my person, firm or corporation place a post for hitching of animals wit’nin five (5) feet OP any tree palm, skulub or plant now or hereafter growing in any street or other public highway in the City of Carlsbad, SECTICM 6 a AT‘TACEZ;1BC ROpx , l$IRE, STC: - DI~TR~V’-’”Tr’ - -rG?.ll,A*4JL sus- -2- - %. ?I -. 1 2 3 4 5 6 ‘7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 52 0 STRBCE - PROBL?,ITEDe or place any rope, vire,, sign, poster or handbill, or other thing on any tree, pah, shrub or pl-m-t now or hereafter growing in my street or other pu3lic highway of the guard or protection of same; nor shall erSon, Or corpora- tion depoxft or throw any- gutter thereof, any substance d-etrbental to The groath of the tree, palm, shrub or plaat9 or deposit in such tacle sontaining such substance, KO person, rim, or corporacion shall attach anTJ street or pu‘olic hW=vay, or illto SWTIQN 7, . - Eo person, firm or corporation shall remove, lnjme or misuse any guaru or device place6 now or hereafter ,grbwLns in any street or other of the City of Carlsbad. SECTTOH 8 ATTJACI<INQ z;ZzC!T%TC D~~T~I~~:S .. PHQYIg;ITD. I;o person, i”irm, or corporation shall attach any electric wire, in- sulator or any other device for holdiag electsic, telephone, T*V,, or cordv.ci;or wires to any tree, palx, slrsub or plant now or here- after g;rowkg iri my street OF other public highway of the City of Cwlsbad, written peraission froE tne City ibnager or nis apporintee, trin, cut OF break any part cf such tree, palm, shrzlb or plant, in or6.er to make passage for such wires or corid-wtors, Aveq persori, firm or corsoration ha<,<:ing any vire charged with electricity or carry- ing electronic er other signal iapul.ses shall secwely fz-sten the same so that such wire or conduc~or shall not come in contact with m-y tree, palm, sbub or plant 53 any street or public highway of ihe City of Carlsbad, _- ~do person, firm or corporation shall, without S3:STfON 9, tree, palm, sI”b or pla;llt mv: or hereafter growing iil any street or other public l?ighma;T of the ClQ of Carlsbad interferes T:iith electrical, telephone or T, V. wires or conductors, poles, -3- 3 24 6 25 I 26 I 11 27 28 29 30 2 2 31 32 standards, buildings, or signs, written pemlssion from the City L:anager or his appointee shall be obtained before any pruning or trisming nay be aone, consistent with good tree surgery practices , taking into consider- ation the shaping of the trees or pL8nts ar,d safetg to persocs and pro per ty Sll su-ch work shall be done in a manner SEC’Z:IQF 10, OP3N SYACx GE?-OlJlD A30OUrTD TXEE - RE&lJIXED. $70 person, fWn or corpora%ion shall hereafter, without the written permit of the City iaanager or his appointee, place or ma7i.a- taYn upon the grownd in m-7 street or other public highway of the City of Carlsbad, stone, cemer,t or other material without leaving zr open space not less tbzir, nine (9) square feet around the trunk >f any tree of less than six (6) inches in diameter, and for every three (3) inches cf increase in such diameter there must oe an increase of at least one (1) squme Toot of open ground in such. shape as to afford the most root ape2 practical; said opening to be in accordance wlth City of Carlsbad, Zngineering Department Standard Drawing 210, 2-9, about any existing tree in any street or other public highway of the bity of Carlsbad, the City IJanager or 11:s appointee may make such open space or cause the sane to be made. __ k4henever there is no such open space SECTTOE 11, AZTZ%TIIOX, j:r-yiTIlyG, ETC;’. OF EcIL’3IgG - SEE- - GUARDIYG - TRIE;S, TE the e ection, alterati any buil6. Lng, s trucmre , or othe r ob j ect , 01Yner tlnereof, or hfs agent, shall place, or cause to be placed, su-ch guwds around a11 _rearby trees in the street City of Carlsbad as shall efTec-lually prevent injury to them, SECTION 12, The owner or his agent, of every lot 0% parcel of land in the City of Carlsbad upon &ich any trees, palm, shrucbs OF plants are now r II 12 13 14 15 16 17 18 19 20 28 I when any such trees, palms, slrubx or plants me dead, such omxer SECTION 13, ting, spraying or removal in the City of Carlsbad, or now or yra ity of Carlsbad. ... w t .<b * .- .. b a 3. 1 1 1 1 1 1 1 1 z 2 2 2 2 2 2 2 2 2 2 3 3 3 or his appointee sha e to time, prepa plans or lists, which shall designate, by means of a map 02 t Ciky streets, a xmiform raeth.od. of street tree planting, zoiii ezatain streets, or portions thereof, for a certain sp ben of tree or zrees, and shrub or shrubs, showing the distance part of said trees or shrubs, and the place where each tree or shrub is to be planted; and the city &nager or his appointee shall subriit this pian to the Park and Recreation Cormission for their approval or modifica- tion. After the same has been approved by the ?arks and Becrea- tion Conmission an6 the City EG.nager, the sam shall be submitted to the City Councll of' the City of CarLsbad for modification adoption by thar; body. Future asnendments that imy be deemed ad- visable shall be govemed by the pmceeeings ou-tlined above. If and. when the unifcm plan in its orighal or xodffied form is adopted by the City CouncL1, it shall become the tree planting plan for the streets of the City of Carlsbad and shall be strictlj. adhered to in all futu-re street ~1antin.g bipmvement projects and in the removal or replacement of trees, shrubs or plants in streets in the City. The uniform plan of tree plaqting may, but need not, be adopted by the City cour,cil at one time, but the Council may adopt the uniform street tree planting plan for different portions of the City within a reasonable length of time after the completed plan for my particular portion of the Ci%y has been submitted to the City Council. The city Xanager or i?ts appointee siiall hzve copies of this plan Eade aEd %l-~ same shall be kept on file irr the office of the Park and 3ecreation Department and may be obtained by 'che public. $~~~~~I~~ 16, VI(JL&TI(J$Y 2F re'P-1- - O~J>T~j&~~~ -- p fiTy. &1.J person violating any of the provisions of this Qrdinance or fafl- in, to comply with them, shall upon conviction thereof, be pwishec by a fine not co exceed TIE3 3?Z\!:xED DOLr,:U?S ( 300,OO) OP by irriprisonrfient in the City Jail not to exceed th (301 days, or -6 3 5 6 7 e 9 10 11 12 13 14 5 16 17 1e 19 2c 25 26 27 2E 29 3c 31 h such fine and iqriso ia-ule for the trees or shi?u.bs removed ed. rJ ,3ypL IC 1.: :sLLA- TPT: 0TE-m. 11 ordinances in conflict herewLtk me hereby repealed, SECTION - 18. . This ordinance shall take ami after 5ts . PU~LICJLTIGN. erk of the “ity of directed to cause thfs GrdFn a6 Journal, a newsp er published and of gezeral d City of Carlsbsld. an adjourned council of of carlsbad held on the 7th day of approved and adopted at a regular meeting of said. n the 2nd dag of decedoer, 195 Hagor Ledgerwood, Councilvomelz Some ats. Grober and Helton, and NCIXS: None. ABSENT ; None ATTZST : -4 -