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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 I 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 Page 1 of 3 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 Page 2 of 2 3