HomeMy WebLinkAbout2005-03-22; City Council; 18036; Prohibit Individuals from Trimming/Cutting TreesAB# 18,036
MTG. 03/22/05
DEPT. CLK
RECOMMENDED ACTION:
ADOPTION OF ORDINANCE NO. NS-747
AMENDING VARIOUS SECTIONS OF
CHAPTER 1 I .I 2 OF THE CARLSBAD MUNICIPAL CODE
TO PROHIBIT INDIVIDUALS FROM TRIMMING OR
CUTTING DOWN TREES
CITY ATTY.
Adopt Ordinance No. NS-747 amending Sections 1 1 .I 2.030, 1 1.12.050, 1 1.12.080.D,
11.12.090, and 11.12.090.B of Chapter 11.12 of the Carlsbad Municipal Code to prohibit
individuals from unauthorized trimming or cutting down city trees.
ITEM EXPLANATION:
Ordinance No. NS-747 was introduced and first read at the City Council meeting held on
March 15, 2005. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 18,021 on file with the City Clerk.
EXHIBIT:
1. Ordinance No. NS-747.
DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us
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ORDINANCE NO. NS- 747
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING CERTAIN
SECTIONS OF CHAPTER 11.12 OF THE CARLSBAD
MUNICIPAL CODE TO PROHIBIT INDIVIDUALS FROM
TRIMMING OR CUTTING DOWN TREES
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That section 11.12.030 of the Carlsbad Municipal Code is
amended to read as follows:
“1 1.12.030 Jurisdiction of public works department.
A. The city manager, acting through the public works director or
hidher designee, shall exercise exclusive jurisdiction and control over the planting,
maintenance, removal and replacement of trees, shrubs or plants in all streets,
sidewalks, medians or other public rights-of-way of the city, and shall have such power,
authority, jurisdiction and duties as are prescribed in this chapter.”
SECTION 2: That section 11.12.050 of the Carlsbad Municipal Code is
amended to read as follows:
“1 1.12.050 Street tree planting and maintenance procedures.
A. The city manager, acting through the public works director of
hidher designee, shall develop and implement policies and standards for street tree
planting and maintenance required of all tree planting and maintenance throughout the
city.”
SECTION 3: That section 11.12.080.A. of the Carlsbad Municipal Code is
amended to read as follows:
“A. No person shall remove, trim, prune or cut any street tree, shrub or
plant now or hereafter growing in any street, sidewalk, median or other public right-of-
way of the city.”
SECTION 4: That section 11.12.080.D. of the Carlsbad Municipal Code
is amended to read as follows:
Ordinance No. NS -747
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d
“D. No person shall trim, cut, prune, injure or remove by any means
any tree, shrub or plant growing in any street, sidewalk, median or other public right-of-
way of the city.”
SECTION 5: That section 11.12.090 (title) and section 11.12.090.B. of the
Carlsbad Municipal Code is amended to read as follows:
“1 1.12.090 Permits required for tree removal and maintenance.
B. Permits for removal or maintenance. Except as otherwise provided
in this chapter, pruning, cutting, trimming or removing any street tree in the city shall
require a permit issued by the city manager, acting through the public works director or
hidher designee.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 15th day of MARCH , 2005, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 22nd day of MARCH , 2005, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
PR VED AS TO FORM AND LEGAL 3 RON D R. BALL, City Attorney
LORRAINE M. WOOD, City Clerk ’
(SEAL)
Ordinance No. NS-747
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