HomeMy WebLinkAbout1958-12-02; City Council; 1060A; Trees (public) - planting, maint., protection, control & removal&N
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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
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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
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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-
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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
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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,
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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.
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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
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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.
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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
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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 :
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