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Ordinance 596 T ,. ORDINANCE NO. 596 . AN ORDINANCE PRESCRIBING REGULATIONS RElATING TO THE PLANTING AND REMOVAL OF TREES ADJACENT TO THE STREETS OF THE CITY OF GILROY; PROVIDING FOR THE ISSUING OF PERMITS IN CONNECTION THEREWITH; PRESCRIBING PENALTIES FOR THE VIOLATION OF SAID ORDINANCE~ AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The 6ity Council of the City of Gilroy, does ordain as follows: SECTION 1. Purpose. That it is for the best interests of the City of Gilroy and of the citizens and public thereof that a comprehensive plan for the planting and maintenance of trees in or which may overhang public streets within said city should be developed and established; and that this ordinance is adopted, therefore, for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, and removal of such trees. SECTION 20 Definitions. The word "person" as used in this ordinance shall include an individual, a firm, an association, a corporation, a co.partnership, and the lessees, trustees, receivers, agents, servants, and employees of any such person. The word "City" shall mean the City of Gilroy. The words "Forestry Board or Board" shall mean the Forestry Board as established by ordinance No. 265 of the City of Gilroy. The words "public streets" or ttstreets" shall include all roads, streets, avenues, boulevards, alleys, parkways, and publie rights of way, or any portion thereof, of the Cityo The word "owner" shall include the legal owner of real property fronting on any street of the City, and any lessee of such owner. ./ , . ) . / I...- . ,..,< 'I SECTION 30 Number. Wherever used in this ordinance the singular number includes the plural and the plural includes the singular. SECTION 4. Enforcing Authority. The Forestry Board shall be charged with the enforcement of this ordinanceo SECTION 5. Master Tree List. The Forestry Board is hereby charged with the duty of promptly determining the types and species of trees suitable and desirable for plant- ing and the areas in which and conditions under which such trees shall be planted in or which may overhang the public streets within the City. Such determination shall be made by the Forestry Board who shall consult with those familiar with the subject of such plantings, such as landscape archi- tects, arborists, nurserymen and park executives. When such determination has been made the Forestry Board shall report its findings in writing to the City Council. When approved by the City Council said report shall be known as the Master Tree List, shall be placed on file in the office of the City Cler~, and shall thereafter be the official Master Tree List. Revisions or changes in said Master Tree List may be made from time to time by the Forestry Board, in the manner described hereinabove for the development, approval, and filing of the original Master Tree List. All trees hereafter planted in or which may overhang the public streets of the City must be on the Master Tree list. SECTION 6. The Forestry Board shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the public streets of the City, and shall likewise have supervision, direction, and control of the care, trimming, removal, relocation and replacement thereof. SECTION 7. Tree care, planting, removing, and replacement. It shall be unlawful and it is qereby prohibited for any person to cut, trim, prune, plant, move, remove, or replace any tree in any public street within the City, I)r to cause the same -2- to be done, unless ~nd until a written permit to do so shall have first be~n obtatn,~d from the Forestry Board. Any such permit may be declared void by the Board if its terms are viola ted. SECTION 8. Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State of California and any duly constituted public agency authorized to provide and providing utility service, shall be given a permit from the Board, valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such other acts with respect to trees grow- ing adjacent to the public streets of the city or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of said Commission and as may be necessary to maintain the safe operation of its business. SECTION 9. No person other than an owner or the City or public utility may do any act for which a permit is required under Section 7 hereof except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the Forestry Board, is qualified for such business, and who has obtained a license t~ carryon such business in the City from the License Collector. SECTION 10. It shall be unlawful for any person to break, injure, deface, mutilate, kill, or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree in any public street in the City, nor shall any person place, apply, attach, or keep attached to any such tree or to the guard or stake intended e. for the protection ther6f any wire, rope (other than one used to support a young or broken tree), sign, paint, or any other substance, structure, thing or devi~e of any kind or nature whatsoever, without having first ~btiained a written permit "3" from the Forestry Board. SECTION 11. The Forestry Board may inspect any tree adjacent to or overhanging any public street in the City to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such public street. Any tree or part thereof growing upon private property by overhanging or interfering with the use of any street that in the opinion of the Forestry Board endan~ers the life, health, safety, or property of the public shall be declared a public nuisance. If the owner of such private prop erty does not correct or remove such nuisance within 10 days after receipt of written notice thereof so to do from the Forestry Board, the Board shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner. Nothing contained herein shall be deemed to impose any liability up on the City, its offi~ers, or employees, nor to relieve the owner of any private property from the duty to keep any tree upon his property or under his control in such a condition as to prevent it from constituting a public nuisance as hereinabove defined. SECTION 12. Any person aggrieved by any act of determina- tion of the Forestry Board in the exercise of the authority herein granted shall have the right of appeal to the City Council of the City, whose decision, after public hearing of said matter, shall be final and conclusive. SECTION 13. Any person violating any of the provisions of this ordinance or failing to comply with them shall upon conviction thereof be punished by a fine not to exceed $100.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. SECTION 14. All ordinances or parts of ordinances con- -4- flicting herewith are repealed. SECTION 15. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. SECTION 160 This ordinance shall take effect and be in full force from and after its adoption and approval. Passed and adopted this 2nd day of February, 1959, by the following vote: AYES Councilmen: Pate, Gallo, Petersen, Jordan NOES -- Councilmen: None ABSENT -- Councilmen: Wentworth, Rush APPROVED this 2nd day of February, ......'~ ATTEST: . ,...') "..... ' .'7/ "F / .':....,,,;., /::;) (.IlA, '2 City Clerk. -5-