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Home My WebLink AboutOrdinances_0874_CCv0001.pdf ORDINANCE '140. 874 AN ORDINANCE CREATING AND ESTABLISHING A PARK BOARD, DEFINING THE DUTIES OF SUCH BOARD AND PROVIDING FOR THE REGULATION OF TREE PLANTING AND REMOVAL ON CITY STREETS, LANESA ALLEYS AND PARKWAYS. The City Council of the City of Redlands do ordain as follows: SECTION ONE: A Park Board of the City of Redlands shall be est-ablished consisting of the Paxil k Commissioner, Park Superintendent, and City Service Manager, and It shall be the responsibility of such Park Board to fulfill the duties as hereinafter described and set forth: SECTION TWO: That all streets, lanes, alleys and parkways in the City of Redlands now open or dedicated,, or which may hereafter be opened or dedi- eated to public use, may be planted with trees, shrubs,, and bushes as specifically provided in those certain Specifications for Planting r ing, W �, P un Removal and General True Care as heretofore regularly adopted by the City Council. SECTION THREE., That it shall be unlawful for anyono to plant or remove trees shrubs or bushes upon said streets, lanes, alloys or parkways to which said specifications are applicable, except in conformity with said Specifications, SECTION FOUR: That upon the verified petition of seventy-five per cant of property owners affected thereby, or -upon their own motion, said Park Board may amend or repeal said Specifications so designating the trees, shrubs and bushes to be planted upon or removed from all streets, lanes, alleys and parkways in the City of Redlands. SECTION FIVE: That before the amendment or repeal of said Specifications, the City Clark shall publish for two (2) days in a naw5paper published and circulated in sald Citye a not-Ice of the time and place of such hearing and the purpose thereof, That at the time of said hearing by said Park Board any person or per- sons interested may appear in person or by petition, and thereupon said Park Board shall proceed to approve, confix-m, modify or reject the proposed amendment or repeal of said Specifications. That In the event that a petition, duly verified and bearing the sig- natures of not less than seventy-five per cent of the property owners own- ing property fronting upon any city street cf one block long or particular street as referred to in said patition, said petition so presented may be granted to the Park Board if said variety so requested for replacement or new planting is known and esta- lblishad as a street tree and is not of a variety that may or will tend to break sidewalks or curbs or are objection- able as street trees for other reasons. If said trees are not diseased or dangerous from old age, cost of removing is at the property owners ' ex- pense,, SECTION SIX: That the Park Superintendent, is hereby authorized to remove or permit the removal of the following trees ( a. ) Diseased (b. ) Constituiing a traffic Lazard. ( c. ) Roots that damage or threaten to damage sidewalks, curbs or gutters. (d. ) '11ot in conformity with adopted spocifications. (a. ) In order to permit street widening. ( f. ) In businoss districts. ( g. ) For the purpose of permitting the moving of houses or structures,, (h. ) In proposed driveways or entrances to private property,, ( i. ) That interfere or damage sewer s or water lines. I 3 1, np n�-'tr 1'4"'l "" 4- _ _.r -2- 01 rJ(). 874 '1 taontinued SFICTION S7VEIN: ( a. That it shall be unlawful for any person, persons or corporation ID 'take up, rufl-,�,-Veo prune or Injure any trees, shrubs, to cut dol.�vnl, t- lmk - i paps or flowers that are nowt or that inay hereafter be planted or grown on any of the public streets, lanes, alleys or park-ways of the City of Red- lands, except after procuring a perm.A.t frora t1_5 office of the Park Super- intendent to do ac. (bF ) Any person desiring to procure such a permit shall make written application thorefor. Said application may at the discretion of the Fark Superjrrterzdent be accompmiied by a good a.nd sufficient borid in such sum as May be fixed by said Park Superintendent, conditioned that applicant will pay the said city all, costs and damages rosulting from than removal, pruning and trimming of said trees, sha:-u1ba, :),r bu-shas, and said Park Superintendent may at his dlis-cretion. require the filrnt-Ishing of a bond or poli c-7 Of In- surance to cover any and all claimis for daiage to person or property result- ing from the removal , pruning or tritarming of t 1 trues, shrubs or bushes. That an in,9pection fee shall be paid at time pern-AID is issued Said fees to be as follows : 1-5 is .50 1-20 1�00 Each addi fraction thereof 1.00 Except wherein such fees are eoiere d—by7, upon in francakes. Issued prior to nnd effactive the date this ordinance shall be in force. ( o. ) That an the event of the removal of trees under the provisions of Section Five, Sub -seotions ( e) , ( f) , ( g) and (h) , ton days ' notice shall be given to the Park Superintendent before the issuance of said permit on all trees except palnis, and thirty days' notice in the case of palm trees, except where said trees constitute a hazard. ( d. ) That upon th6 issuance of said permit the applicant shall , at least eighteen hours hefore commencing work, ratify said Park Superintendent, thereupon an :inspector- shall be dcsignatad. ( --. ) That all trees to be removed in aecordanc6 wit-b_ and by reason of the provisions of Section-Five, Sub-sections ( f) , ( g) , (h) , and (1) , shall be removed by the Park Department of the City of Redlands, and there shall. be paid to said Park Departmont-1 a sum. or sums to compensate them for the reasonable cost of the removal of said true or trees, together with and including a reasonable sum to box, remove, re-plant, and conserve said tree or trees so removed. That said sums shall be fixed by the Park Su- perintendent and shall be paid to said Park Department prior= to the issuance of said permit, IM ) That snld Park Board, at its option, and before the issuanco of any permit, may set as time for the h-earing of any person or persons inter- ested and shall give a reasonable no-Lice of said hearing, and said Park Super1ntendent may after said hearing grant or reject a permit for '(-,he removal of said tree or tr6es, or may In the granting of said permit tmpo3- e such rastrictions and conditions as are reasonable and p.-open under the circumstances, ( g. ) That said Park Superintendent may, in case of emergency Where trees are diseased or conatituto n. traffio hazard, rernove said trews (h. ) Permits as spsciflad in Section Six, sub-sections ( a) and (b) shall not ba required of utilities operating undor a franchiae within the incorporated city 11-miis of the City of Redlands, when Oraerge-noies exist. Sp�aiflcally a permit shall not be necessary to clear faults that may have developed, arid xestoro normal, servica. Any person violatUng any of, the provisions of this Or- dinance shall be deemed guilty of a misdemeanor, and upon. canvic-tion thereof shall be punished by a fine not exceeding ` 600. 00, or by impr-tson- ment In the City or County jail for a period of not more than six months,, or by both such fine and impris,.Mynent., -3- ORDINANCE NO. 874 ( continued) SECTION NINE: All other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION TEN.- This ordinance shall be in force and take effect as pro- va.ded by law. SECTION ELEVEN.- The City Clark shall eartIfy to tie paasa6e of this Ordinance and cause the same to be published once in the Redlands Daily Facts, a daily newspaper hereby desigrated for that purpose. Maurice Clapp Mayor or the City of Redland.- Attest: H. R. Whaley City Clerk ( CITY S-EAJ,) I do hereby certify that the foregoing ordinance i,,vas di .6' y ado=pted at a regular meeting of the City Council of the City of Redlan 'S at a regu- lar meeting thereof held on. the 15th day of May, 1947t by tie fo-lowing vote: Ayes: Councilmen Gunter, Fletcher., Hyink, Thornquas . azil Mayor Clapp, Noes: None