The ordinance codified in this chapter shall hereafter be referred
to as the "Street Tree Ordinance" of the City.
(Ord. 63 §1, 1959)
The Planning Commission, or its duly authorized representative,
shall be charged with the enforcement of this chapter.
(Ord. 63 §2, 1959)
No trees or shrubs shall hereafter be planted in or removed
from any public parking strip or other public place in the City without
permission from the Planning Commission.
(Ord. 63 §3, 1959)
All trees and shrubs hereafter planted in any public parking
strip or other public place in the City shall conform as to species
and location with the recommendation of the Planning Commission, or
to the street tree plan of the City, which are hereby made a part
of the ordinance codified in this chapter.
(Ord. 63 §4, 1959)
The Planning Commission, or its duly authorized representative,
may cause to be trimmed, pruned or removed any trees, shrubs, plants
or vegetation in any parking strip or other public place, or may require
any property owner to trim, prune or remove any trees, shrubs, plants
or vegetation in a parking strip abutting upon the owner's property,
and failure to comply therewith after 15 days' notice by the
Planning Commission shall be deemed a violation of this chapter.
(Ord. 63 §5, 1959)
Any tree or shrub growing in a parking strip or any public place,
or on private property, which is endangering or which in any way may
endanger the security or usefulness of any public street, sewer, sidewalk,
or the full and safe operation of public utility wires, is hereby
declared to be a public nuisance, and the City may remove or trim
such tree, or may permit any public utility to do so, or may require
the property owner to remove or trim any such tree on private property
or on a parking strip abutting upon such owner's property. Failure
of the property owner or his or her duly authorized agent to comply
therewith, within 30 days after notice, shall be deemed a violation
of this chapter.
(Ord. 63 §6, 1959)
Appeals from directions and orders made under this chapter may
be made by filing written notice thereof with the City Clerk within
10 days after such direction and order is received, stating in substance
that appeal is being made from such direction and order to the City
Council. The City Clerk shall thereupon call such appeal to the attention
of the City Council at the next regular succeeding meeting, at which
meeting the appellant and the Planning Commission may present evidence.
Action taken by the City Council after such hearing shall be conclusive,
and in the event the City Council shall uphold the decision of the
Planning Commission, the property owner or his or her duly authorized
agent shall have 10 days thereafter to comply with such notice.
(Ord. 63 §6, 1959)
Nothing contained in this chapter shall be construed as limiting
the right of any public utility to remove or trim trees which, in
its opinion, endanger the safe operation of its wires, poles and appurtenances.
(Ord. 63 §6, 1959)
It is a violation of this chapter to abuse, destroy or mutilate
any tree, shrub or plant in a public parking strip or any other public
place, or to attach or place any rope or wire (other than one used
to support a young or broken tree), sign, poster, handbill or other
thing to or on any tree growing in a public place, or to cause or
permit any wire charged with electricity to come in contact with any
such tree, or to allow any gaseous, liquid or solid substance which
is harmful to such trees to come in contact with their roots or leaves.
(Ord. 63 §7, 1959)
Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of an infraction, and upon conviction thereof shall be punished by a fine in accordance with the general penalty provision then effect in the City, pursuant to Chapter 1.08 of this code, as amended.
(Ord. 63 §8, 1959; Ord. 86-271 §33)
