The URL can be used to link to this page

Home My WebLink About1655 ORDINANCE NO. 1655 AN ORDINANCE OF THE CITY SAN BERNARDINO PROVIDING FOR THE SELECTION AND PLANTING OF SHADE AND ORNAMENTAL TREES TO BE PLANTED UPON THE PUBLIC STREETS OR PARKS OF THE CITY OF SNA BERNARDINO, PROHIBITING THE CUTTING DOWN, TRIMMING, TAKING UP, REMOVING, PRUNING OR INJURING ANY TREES OR SHRUBS UPON SUCH STREETS, WITHOUT FIRST PROCURING PERMISSION SO TO DO; PROVIDING FOR THE PUNISHMENT FOR A VIOLATION THEREOF; AND REPEALING ORDINANCES NO. 237 AND 372. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SEGTIOB OIlI That all .tr..t., 1.... an. all.y. ia the City ot S.. Bernardino now opea or .edicatea, or which mAT b. h.r.att.r ope.ed or deaieat.a to publio .se, may be plant.a with tr..., shrubs and bush.. .. .p.oitioally proTi4" i. those oct:a~. Specitioations a., her.totor. r.gularly .aopt.. by the Park Com.- '., ''''.~, mi..io. on the 25th 4ay ot I'ebruary, 1941. SECTION '!'WO I '.I.'b.at it .hall b. \Ul1awful for myon. to plant tre.., IdlrUs or lnuh.. upon .aid str..ts, Ian.. ma alley. to which .aid Sp.oifications are applicable, exo.pt in oonforalty with .ait Sp.oitioati.... SJiC'fIO. TBRDI 'that upon th. T.rit1e4 petition ot oa. 0 BOr. own.rs ot prop.rty att.ct.. tber.by, or upon th.ir own motio , .aid Park Commis.ion ..y ...nd or rep.al .aia Sp.oitioations so 4.sigmatiDl the tree., .hrubs ant buah.s to be plantea upon all .treets, l..e. and all.ys i. t.. City of San Beraardino. SJ:Cl'l'IOlf :roW: 'fhat _.rore tll. ..........t or r.peal ot .aid Bp.cltloatioB8, t.. City Cl.rk .hall publish for two day., i a a...pap.r publisk.4 and oirowIat.4 in saia city, a notio. ot tll tta. Bad pla.. ot .... ..arlDl ... tae p~po.. th.reof. That at t optlo. of saia Park Oo..t..ion, .ai4 Park O.-.1a.loa may ori.r .ai4 01ty Cl.rk, i..t.a4 ot publia.lna sald notioe a. ..reinpro- Tid.4, to liTe aotio. ot tll. tl.. ..a plao. ot .ald h.ari., a.. the p.rpo.e th.r.ot by posting notioe. aot le.. than tift..n day. prior to the 'ate of .a14 hearill&. at di.tano.. not Bore thall two 1 2 S t 5 8 , 8 9 10 11 12 1~ , . 1t 15 1. 17 18 19 20 21 22 ~ 24 25 28 27 28 29 30 :51 ~2 hundred feet apart, along .both sides of said street, lane or alley to be planted,' whioh notices shall be headed "Notioe of Hearing". That at the time of said hearing by said Park Commission any person or persons interested may appear in person or by pe- tition, and thereupon said Park Commission Shall prooeed to ap- prove, oonfirm, modify or rejeot the proposed amendment or repeal of said ~pecifioations. That in the event that a petition, duly verified and bearing the signatures of not less than seventy-five per oent of the property owners owning property fronting upon any oity street of one blook long or more, may request a ohange in the variety of trees used for planting that partioular street as referred to in said petition, said petition so presented shall be granted by the Park Commission if said variety so requested for replaoement 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 ourbs or are objeotionable as street trees for other reasons. SECTION FIVE: ~hat the Park Superintendent, with oonsent of the Park Commission, is hereby authorized to remove or permit the removal of the following trees: (a) Diseased; (b) Constituting a traffio hazard; (0) Roots that damage or threaten to damage sidewalks, ourbs and gutters; (d) Not in oonformity with adopted specifications; (e) In order to permit street widening; (f) In business distriots; (g) For the purpose of permitting the moving of houses or struotures; (h) In proposed driveways or entrances to private prop- erty; (i) That interfere or damage sewers or water lines. -2- 1 2 :5 t 5 8 , , j f 8 9 10 11 II 1:5 It 15 11 17 II 1. 20 21 22 ~ 24 2/5 26 27 28 29 30 :51 :52 , SECTION SIX: (a) '.L'hat it shall be unlawful for any person, persons or oorporation to out down, trim, take up, remove, prune or injure any trees, shrubs, palms or flowers that are now or that may here- after be planted or grown on any of the publio streets, lanes or alleys of the city of San Bernardino, exoept after proouring a permit from the offioe of the Park Commission so to do. (b) Any person desiring to prooure such a permit shall make written applioation therefor. Said applioation may at the disoretion of the Park Superintendent be accompanied by a good and sufficient bond in suoh sum as maybe fixed by said Park Super in. tendent, oonditioned that applioant will pay the said oity all costs and damages resulting from the removing, trimming and/or pruning of said trees, shrubs or bushes, and said Park Superintend ent may at his disoretion require the furnishing of a bond or polioy of insuranoe to oover any and all olaims for damages to person or property resulting from the removal, pruning or trimming of said trees, shrubs or bushes. (0) 'l'hat in the event of the removal of trees under the provisions of Seotion Five, Sub-sections (e), (f), (g) and (h), sixty days' notice shall be given to the park Superintendent befor the issuanoe of said permit on all trees exoept palms, and thirty days' notioe in the oase of palm trees, exoept where said trees oonstitute a hazard. (d) That upon the issuanoe of any permit the applioant shall, at least eighteen hours before oommenoing work, notify said Park Superintendent, whereupon an inspeotor shall be designated by said Park Superintendent and a present inspeotion fee shall be pai at the rate of $5.61 per e~ght hour day. (e) That all trees to be removed in accordanoe with and y reason of the provisions of Section .I!'ive, Sub-sections (f), (g), -3- 1 2 S " 15 8 , a 9 10 11 11 1S It lIS 18 17 18 19 20 21 22 ~ 24 2/5 Ie 27 28 29 30 :51 :52 (h) and (i), shall be removed by the Park Department of the City of San ~ernardino, and there shall be paid to said Park Department a sum or sums to oompensate them for the reasonable cost of the removal of said tree or trees, together with and including a reaso _ able sum to box, remove, re-plant and oonserve said tree or trees so removed. That said sums shall be fixed by the Park Superintend and shall be paid to said Park Department prior to the issuance of said permit. (f) ~hat said Park Commission may, at it's option, and before the issuance of any permit or the removal of any tree or trees, set a time for the hearing by said Park Commission of any person or persons interested, and shall give reasonable notice of said hearing, and said Park Commission may after said hearing grant or rejeot a permit for the removal of said tree or trees,' or may in the granting of said permit impose suoh restriotions and conditions as are reasonable and proper under the oiroumstanoes. (g) That said Park Superintendent may, in oases of emer- genoy where trees are diseased or oonstitute a traffio hazard, remove said trees without first having or obtaining the oonsent of said Park Commission. SECTlON SEVEN: Any person violating any of the provisions of this Ordinanoe shall be deemed guilty of a misdemeanor, and upon oonviotion thereof shall be punished by a fine not exceeding *500.00, or by imprisonment in the County Jail not exoeeding six months, or by both suoh fine and imprisonment. SECTION EIGHT: That Ordinanoes No. 237 and No. 372 are hereby repealed. SECTION NINE: This Ordinanoe shall be in force and take effect from and after thirty days after its passage and approval. I HEREBY CERTIFY that the foregoing Ordiaanoe was duly adopted by the Mayor and Common Counoil of the City of San Bernardi 0 -4- . 1 2 S 4 e t 6 7 , 8 II 10 11 12 1:5 lt lIS 16 17 18 19 20 21 22 ~ 24 2e 26 27 28 29 30 31 :52 ':q"" .," -,)vu',;, ..a' ~ . ~y>', at a regular meeting thereof held on by the the -1!!:. day Of'~ of . I h reby approve , 1941. \ '('lr-,:"" ~ ".~ '--\ ~~ the foregoing Ordinanoe this ~ day -i4'~1a~ '~O~ ayo of the ty 0 an er- nardino. -5-