HomeMy WebLinkAboutOrd 0406ORDINANCE N0. I/J lm
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF BURLINGAME BY ADDING THERETO A mw ARTICLE - 24-A
REGULATING THE PLANT IlSG, REMOVAL, CARE AND MAINTENASICE
OF TREES, PLANTS AND SHRUBS Oil THE PUBLIC STREETS,
PARKS AND PLACES IN THE CITY.
The City Council of the City of Burlingame does hereby ordain
as follows:
Section 1: The Ordinance Code of the City of Burlingame is
hereby amended by adding thereto a new article to be known as Article 24-A
which shall read as follows:
ARTICLE 24A
TREES, PLANTS. SHRUBS AND HEDGES
Section 1399: This Ordinance shall be known as the Tree Ordinance,
and insofar as its provisions are substantially the same as existing
sections of the Ordinance Code of the City of Burlingamej relating
to the same subject matter, shall be construed as restatements and
continuations, and not a new enactment.
Section 1399.1 - Definitions: "The Superintendent" shall mean the
Superintendent of Parks or axj of his authorized deputies or employees.
"Person" shall include artificial as well as natural persons; also
partnership, association, or organization of any kind.
"Rhall" is mandatory and "MaY" is permissive.
Sidewalks shall include the parking strip maintained in
the area between the property line and the curb line, and also
I
includes a driveway, curbing, bulkhead, retaining wall or other
works for the protection of any sidewalk or parking strip located
in any public street, avenue, alley or public place within the city.
Repairs shall mean replacement or correction of any
defect or defects in any sidewalk.
Trees and Shrubs shall include all woody vegetation.
Section 1399.2: Menever any portion of any sidewalk in the city
is out of repair or in a defective condition so as to endanger
persons or property or in a condition to interfere with the
public convenience in the use thereof, and such condition is
caused by the growh of the roots of any growing tree., plant
or shrub, it shall be the duty of the Department of Public ''forks
of the City to cause such defect to be removed, the sidewalk repaired,
and the cost thereof shall be borne by the City and paid out of the
general fund.
Section 1399*3: It shall be unlawful to place or plant any tree,
hedge or shrub in any of the streets or public places in the City
of Burlingame until the Superintendent shall have first approved the
kind and variety designated, the location therefor, and granted a
permit for planting the same; provided, however, the ovmers of
property fronting on any street may petition the City Council that
such plant, shrub or tree shall be a certain kind or variety, but
such petition shall be merely advisory to the action of the Council.
Section 1399.4: It shall be the duty of the Superintendent to
plant, trim, prime, spray, and care for all trees, shrubs or plants,
and to remove all objectionable trees, shrubs or plants in or upon
any street, avenue, alley or other public place in the City of
Burlingame.
Section 1399.5: It shall be unlawful for any person to out dove, trim,
prune, plant, remove, injure, destroy, or interfere with any tree,
shrub, or plant upon any street, avenue, alley or other public place
in the City of Burlingame without a permit therefor from the Superin-
tendent who is hereby authorized to grant such permission in his
discretion.
Section 1399.6: Any person maintaining any overhead wires or any pipe
or underground condmits along any street, avenue, alley, or publie
place in the City of Burlingame or owning any property abutting upon
any street, alley or public place of said City, desiring to have any
tree, plant or shrub out trimmed, pruned, or removed may file with the
Superintendent a written request therefor, describing the work to be
done. Before issuing a permit it shall be within the discretion of
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the Superintendent to require the payment of any cost incurred,
and the fae- her requirement that the work be done in the manner
specified by the Superintendent.
Section 1399.7: No person shall interfere with the Superintendent
or persons working under his authority while engaged in planting,
mulching, pruning, trimming, spraying, treating or removing any
tree, shrub or plant in any street, avenue, alley, or other public
place in the City of Burlingame or in removing any stone, cement
or other substance from above the trunk of any tree, shrub or
plant in any such street, avenue, alley or public place in said City.
Section 1399.8: No person shall without permission of the
Superintendent attach to any tree, plant or shrub in any street,
avenue, alley or other public place in the City, any vrire, rope,
sign or other device whatsoever.
Section 1399.9: During the construction, alteration or removal of
any street work in the City of Burlingame, any person in charge of
such work shall not leave any tree, plant or shrub, in any street,
avenue, alley or public place, without good and sufficient protection
so as to prevent injury to such tree, plant or shrub, arising out of
such work; and whenever such work necessitates the trimming, pruning
or removal of any tree, plant or shrub on any street, avenue, alley
or other public place in said City, except any trimming, pruning or
removal required in the construction of a residential driveway, it
shall be within the discretion of the Superintendent to refuse
permission to do such work. Application for a permit to do any of
the above-mentioned shall be filed at least three days prior to the
time for doing such work. The Superintendent may stipulate conditions
upon which any trimming, pruning or removal ma}r be done, and may
require the payment of all costs incurred for inspection, labor or
service deemed necessary.
Section 1400: Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon conviction
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thereof shall be punished as provided in Section 101 of the
Ordinance Code of the City.
Section 1401: This Ordinance shall be published once in the
Burlingame Advance -Star, a newspaper published in said City,
and become effective thirty days after its adoption.
The foregoing Ordinance was introduced at a regular
meeting of the City Council of the City of Burlingame, held on
July 3, 1944, and thereafter on July 17, 1944 adopted at a
regular meeting of said Council, by the following vote:
AYES: COUNCIIAM Dahl-Harris-Hunt-Roth-a"Jhitsell
NOES: COUmCIumi None
ABSENT:COUNCIONEN None
4,TTEST :
CITY 49241
ME