Loading...
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 -2- 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 -3. 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