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Home My WebLink AboutOrdinance 528 N.C.S. 10/06/1958Y 0 RDF0CNCt `NO, '528 N. C. Sl :F ?lan adopted uy' resolution of the Rec- reation;, Miisic and m Parks Comission. Introduced by'Counclirian MILTON'. Sec 26:6 Trees endan"erg side GUSTAFSON walks Declared muisanee." m Seconded _ b,y `Councilman ".MARINO Any tree or shrub growing ' in a P. CRINELLA parking' strip ,o • .any public ;place, 'Or in private,.property, .which •is en AN ORDINANCE;REPEALING, CHAP•: dangering or which in 'anyway may TERf ,SECTIONS 26.1 THROUGH endanger the _security or, usefulness 26:11; OF THE CODEI OF THE CIrFY' of any public ,street, sewer; or side- OF. PETALUMA, CALIFORNIA, walk, is :hereby declared to be a pub- . 1958, __;AND; AMENDING THE SAID. tic nuisa ice, and unlawful. The" City CODE:_ BY ADDING'' - THERETO ;may cause ;to'have the wine removed CHAPTER 26; SECTIONS' 26.1 ' . or trimmed', or may require the . prop- THROUGH '26;8; PROVIDING 'FOR city owner to remove ,or trim any , THE REGULATING OF PL'ANT•. ''such tree or other vegetation "and _ ING; MAINTENANCE; PROTEC- fiirthei' may direct .tlie City Elftox:~ TIOhi; �CONTROL> AND, REMOVAL ney, upon order of the' City Council, OF _ TREES'_ AND. PLANTS u AN• = - OR -•. to commence action or proceedings. UPON AND ADJACENT-,TO, 'THE for the aNitenierit and •re`moval and,... - PUBLIC STREETS AN OTHER enjoinme'rit, .thereof in v thc,. ` nner� PUBLIG.PLACES ;IN, CITY' OF Provided by law; _ PETALUMA. If, in the opinion• 6f the Police Chief, `a. `tree,., shrub or pother vege- ` BE IT ORDAINED BY, THE COUN= tatron constitutes a..hazard , to_ traffic CIL OF THE 'CITY OF PETALUMA through .obstruction to.;visibility and AS FOLLOWS: movement thes`aine sh declaied — Section 1. That Chaper 26 -of the to tie a public nuisance and shat Code of" the City of ' Petaluma, Cali; be. abated as herein _provided. t forma, 1953 Section 26.1 .tfiroggh 2644, The Director of Public Works or As. hereby, rppe'.hd i hi s duly. 'antho "rized representative Sectio 92 . Thai "the Code of We 'City • shall give the property owner thirty o Peta; in a Californ a, .1953, is :here- _4 , .(: &) ;ysiwritr ',,) notice. within which by- amended by' addifi 'thereto : , ar to comply with any or "`ders issued 'ter 26, Sections .26.1 thf ough 26.8 as i[nder ',this , ti6h s_. Failure to comply follows: W:th 'any, order , lssued -under this sec - Sec. 26;1 Enforcement Officer. ton shall be deemed to be -a viola - The,'Direct6f of Public Works orhis ton 'of this Chapfei: dilly- authorized representatives shall �' 26.7 11liitilat aec on prohibited .:f` e- e charged with the enforcement of. : be ,. this' Chapter. tuchri g —,wires;, P. 'einoval— Permit; re- u recl. Sec. 26 2. ' Planting along public, q s anti I* ways Per nit requued. ' shall u tilunlawfy t r to ee , shr b or No pe>sgn shall plant or set out or muate any r, shru or any tree shade tree or 'shrub,: or plant located in,'any public place or immediatel �' adjacent thereto, or to cause or. procure; any person to plant 3, :or^ set out any ,tree, ,shade tree, or; attach.. `o "r place; ang i`ope er wire shrub in or on `any part of-anypublic (other than ciie used to support a vt ^ ^� 'street•or other,`publie place,, .or adja- tree), sign poster handbill or other cent,ao any ' public `street in ttie'City th ng ;to or on oily tree'growmg _iii 'a of Petaluma without. first having ob- public place, or to cause, or. permit m taed a ;written ;permit therefor any wire charged' with electricity to which, shall designate the location come. into contact vvitli any such'tree,, and, species of trees, or shrubs fo' be' ox to `a_llow any ga• l ;s iquid, r s61id planted :and, :the method .of. pla`n`ting, s'ub'stance which isl harmful o to such and the person obtaining, such per - trees to, conic into contact with their. mit shall comply with,.all the; terms roots•or Any permits required i and. ,conditions "thereof. hereunder shall .be issued by the ,Di- Sec . 26 3. Approved 'trees- Resolur' rector' , of` Public bVorks ox his _drily rich listing:. authorized. representative on forms The Recreation Music': and,Parks pIOvxded b� the Director of Public Commission of.`,tlie "City of Pe_taluina Works: The permit shall specifv:.. shall, by,. resolution, adopt ,a ' ist of 1 1. Action• intended- trees approved for planting• and the; 2. Exact. location of'the action. nnxumum distance at which any 'of' 3 The of, tree;, shrub or other said '.trees may ;lie planted from' any vegetatio`.n. other ices upon and _within planting a The proposed; date of the action. strips :and uhxch`may'be planted upon, The Dir ter of Public Work shall i rivate property adjacent to, public, in i r that applications f, i permits streets and ,public Hghts`of vJay,`Tlie, "specify complete mxoiniation on the resolution so' adopted may -be amend- proposed action, and that the proposed ed'from time to time 'and .may con action is in conformity with'the reso- tain'ther6hi such tree planting; hedge oliition ,adopted ,by the `City Council planting and plant, , pla`nting require - of _ this City. . inents as, are deemed' necessary by .. Wherever and_ whenever the pro: the said; Commission. .The resolution Po ed: actrOn'sliall be th'e removal of so adopted, or later amended •tit the the Existing tree, shi"ub ox ve'ge6tion said-:Commission „after, ap proval there- and it -is the desire of .the applicant : >- of by, the Gity.Council,;shal] be (filed to replace the same, the City }vill with,the City Clerk and'the"Director tivherev'e'r and 'irhenPVer' practicable: of Public ''Works 'and copies thereof furnish the applicant with a. tree; shall be' made available - to the' putt- shrub 'or vegetation that suitable lic ':and in confoi-riance with the; .reso -. - Seo-. 26 4: Privately owned trees: lutron adopted, by t1Se Recrei400 i, The.Diibef6i, of Public Works or his i Tusrc 8t ,Parks- ;Commission duly authorized representative may Sec 26 8 Penalty for violation. cause be trimmed, pruned, or, re= Any persons ;fn m or - cornoration moved any trees, shrubs plants or- violating or causing ,t ' iori of ivtolat vegetation. in any parking ship or any of the provisions of• this Chapter other public place,'Or may require shall be `guilty of a misdemeanor and any property, owner .to trim, prune, upon coiidictioii - , thereOf'`shall he pun- or• remove any trees, shrubs, plants, fishable, by a 'fine of not more than or vegetation 'in a parking strip or One Hun red Fifty Dollars ($150.00) public.lplace immediately.adjacent`sto or by imprisonment in the 'County , a public right -of way and failure. :to Jail of; the County of Soroma for a 'complytherewith aft'er, thirty 13 term .not to exceed sxty, (60) days; oi days written_ notice by'the Director by° both,,such. =fine and.,imprisoriment. of Public Woik`i or' his duly. author- _ Ordered published 'this 29th day of ' ized,.representative, shall. be deemed September 1958:. a violation of 'this Chapter.' AYES:' Councilmen Crinelli, Ellis, Sec:. 26.0. Tree. list— Conformance C _ ista €son, T {ing', iviat ^eii_. and ilIa. - with. Parent': All bees and shrubs hereafter NOES: Councilman Van 'Bebber. planted.. m any; public street, right -of- ABSENT. None. way, other, public place or. place im -, ARTHUR' W.. PARENT mediately adjacent to any public Mayor street ;.:right ; of -way or^ other public Attest:. •place,.in• this City shall conform as GLADYS R. WALLIN and to the City Clerk to species and location ' I hereby certify, that, the within, ordinance was published in full once in the Petaluma Argus - Courier, a daily paper of general c irculation; published within.-the City of - Petaluma, to =- wit,; October 3', 1,958, and that the . said Petaluma Argus -Courier is the official newspaper :of the City of'Petaluma. I hereby certify that the whole number of members of 'the Council of the City of 'Petaluma is. seven, and that the :foregoing, ordinance was. passed by the Council at its meeting of the 6th day of October, 1958, by the following vote, to -wit: AYES: Councilmen .,Ellis, Gustafson, King; and Matzen. NOES:- Councilman `7an..Bebber. ABSENT.. Councilman Cr nella and Mayor Parent. A °TTEST.` h2 (SEAL)__ City; Clerk. Thejorego ng :Ordinance Number 528 N. C. 5.,, haui -ng been regularly passed: arid. presented to me this 6th day of Qctober 1958, is .hereby approved by_me this 6th, day of October, 1958. EFFECTIVR DATE': November 5, 1958 , z1,r_I,1j �. Mayor: 1