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1 ORDINANCE NO. ...:::?d.l;'j
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
ORDINANCE NO. 1655, AN ORDINANCE PROVIDING FOR THE SELECTION
3 AND PLANTING OF SHADE AND ORNAMENTAL TREES TO BE PLANTED UPON
THE PUBLIC STREETS OR PARKS OF THE CITY OF SAN BERNARDINO AND
4 FOR THE PROHIBITING OF THE CUTTING DOWN, TRIMMING, TAKING UP,
REMOVING, PRUNING OR INJURING OF ANY TREES OR SHRUBS UPON SUCH
5 STREET, WITHOUT FIRST SECURING PERMISSION SO TO DO, AND FOR
THE PUNISHMENT FOR A VIOLATION THEREOF; AND EXTENDING SUCH
6 PROVISIONS TO SIDEWALKS, PARKWAYS, PARKS AND OTHER PUBLIC
PLACES IN THE CITY OF SAN BERNARDINO.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION ONE: Ordinance No..1655, Section One, of
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the City of San Bernardino is hereby amended to read as
follows:
SECTION ONE: That all streets, sidewalks, parkways,
lanes, alleys, parks and other public places in the
City of San Bernardino now open or dedicated, or which
may be hereafter opened or dedicated to public use,
may be planted with trees, palms, shrubs, bushes,
plants and flowers as specifically provided in those
certain Specifications as heretofore regularly
adopted by the Park Commission on the 25th day of
February, 1941.
SECTION TWO: Ordinance No. 1655, Section Two, of
the City of San Bernardino is hereby amended to read as follows:
SECTION TWO: That it shall be unlawful for anyone
to plant trees, shrubs or bushes upon said streets,
sidewalks, parkways, lanes, alleys, parks and other
public places to which said Specifications are ap-
plicable, except in conformity with said Specifica-
tions.
SECTION THREE: Ordinance No. 1655, Section Three,
of the City of San Bernardino is hereby amended to read as
follows:
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1 SECTION THREE: That upon the verified petition of one
2 or more owners of property affected thereby, or upon
3 their own motion, said Park Commission may amend or
4 repeal said Specifications so designating the trees,
5 shrubs, and bushes to be planted upon all streets,
6 sidewalks, parkways, lanes, alleys, parks and other
7 public places in the City of San Bernardino.
8 SECTION FOUR: Ordinance No. 1655, Section Four,
9 of the City of San Bernardino is hereby amended to read as
10 follows:
11 SECTION FOUR: That before the amendment of said
12 Specifications, the City Clerk shall publish for two
13 days, in a newspaper published and circulated in said
14 City, a notice of the time and place of such hearing
15 and the purpose thereof. That at the option of said
16 Park Commission, said Park Commission may order said
17 City Clerk, instead of publishing said notice as
18 herein provided, to give notice of the time and place
19 of said hearing and the date of said hearing, at
20 distances not more than two hundred feet apart, along
21 both sides of said street, sidewalk, parkway, lane,
22 alley, park or other public place to be planted, which
23 notices shall be headed "Notice of Hearing".
24 That at the time of said hearing
25 by said Park Commission any person or persons interested
26 may appear in person or by petition, and thereupon
27 said Park Commission shall proceed to approve, confirm,
28 modify or reject the proposed amendment or repeal
29 of said Specifications.
30 That in the event that a petition,
31 duly verified and bearing the signatures of not less
32 than seventy-five per cent of the property owners
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owning property fronting upon any city street,
sidewalk, parkway, lane, alley, park and other public
place of one block long or more, may request a change
in the variety of trees used for planting that
particular street, sidewalk, parkway, lane, alley,
park or other public place as referred to in said
petition, said petition so presented shall be
granted by the Park Commission if said variety so
requested for replacement or new planting is known
and established as a street tree and is not of a
variety that mayor will tend to break sidewalks or
curbs or are objectionable as street ttees for other
reasons.
SECTION FIVE: Ordinance No. 1655, Section Six,
Sub-section (a), of the City of San Bernardino is hereby
amended to read as follows:
SECTION SIX:
(a) That it shall be unlawful for any person,
persons or,corporation to cut down, trim, take up,
remove. prune or injure any trees, shrubs, palms or
flowers that are now or that may hereafter be planted
or grown on any of the public streets, sidewalks,
parkways, lanes, alleys, parks or other public places
of the City of San Bernardino, except after procuring
a permit from the office of the Park Commission so to
do.
SECTION SIX: Ordinance No. 1655, Section Six,
Sub-section (h) , of the City of San Bernardino is hereby
amended to read as follows:
SECTION SIX:
(h) That it shall be unlawful for 'any person,
persons or corporation to harvest, pic~ or gather
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fruit, berries or nuts grown on any of the public
streets, sidewalks, parkways, lanes, alleys, parks
and other public places of the City of San Bernardino,
without first procuring a permit from the Office of
the Park Commissioner so to do, except that the
property owner whose property is immediately bordered
by said portion of said street, sidewalk, parkway,
lane, alley, park or other public place wherein said
fruit, berries or nuts are grown may personally
harvest, pic\< or gather said fruit, .berries or
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nuts.
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SECTION SEVEN: Ordinance No. 1655, Section Six,
13 of the City of San Bernardino is hereby amended by adding
14 the following words and figures:
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(i) No person shall carve or injure the bark of
16 any tree, shrub, palm or bush that is now or that may
17 hereafter be planted or grown on any of the public
18 streets, sidewalks, parkways, lanes, alleys, parks or
19 other public places in the City of San Bernardino. No
20 person shall attach any rope, wire or other contrivance
21 to said tree, shrub, palm or plant; dig in or otherwise
22 disturb grass areas in public places, or in any other
23 way injure or impair the natural beauty or usefulness
24 of any public area; cause or permit any wire charged
25 with electricity to come in contact with said tree,
26 shrub, palm or plant; or allow any gaseous, liquid or
27 solid substance which is harmful to said tree, shrub,
28 palm or plant to ,come in contact therewith.
29 I HEREBY CERTIFY that the foregoing ordinance
30 was duly adopted by the Mayor and CommOn Council of the City.
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Of S~ Bernardi"., at a A if"" ~
thereof held on th~J cWiy of.~?!..4j/
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meeting
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, 1959 by
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- following vote. to-wit: /Ed (), "-'} ...1 _/v-nl!~-
_ p / . ~ /f (Lu.di cy -lU ~-t'~,7r"U'
AYES: l?'/,((_<_~_~d~ 1lr--/ f.4 ,/
NOES: )z+?1U iBSENT:~_____ .
() U ~.I::. ~~:
lI/ City C~
I h?,eby approve the foregoing ordinance this
of, .{~_,f.ltl/ . 1959.
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Approved as to form:
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