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ORDINANCE NO.
J7;1.
,
AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROVID~
ING FOR THE SELECTION AND PLANTING OF SHADE AND ORNAMENTAL
TREES TO BE PLANTl!fD UPOllTHE FlT.BLIC STR:EmTS OF THE CITY
OF SAN BERNARDINO AND PREVENTING TEE CUTTIlfG DOWN,
DIG:GING UP, PRUNNING ,CUTTING OR IN.TURING OF SRADE
OR ORNAMENTAL TREES UPON SUCH STREETS , WITHOUT FIRST
PROCURING PERMISSION SO TO DO J MID PROVIDING FOR
THE PUNISHMENT OF VIOLATION HEREOF .t
The Mayor and Common council of the Ci~ of San
Bernardino do ordain as follows :
Section I.-All streets , l..~, and alleys now open,
or dedicated or which may hereafter be opened or dedi"
cated to pUblic use, may be planted with shade or
ornamental trees alomg the edge of the sidewalk thereof
as hereinafter provided .
Section II. Before the planting of any shade or ornam-
ental trees on or al~ng any street , alley or lane as
hereinafter provided , the Common Council saall adopt
specifications designating the kind ,size and age of
such trees, the distance apart , the'l~ne along ,whic~,
and the manner in which the same shall be planted and
such other matters as shall be deemed advisable .
Section III. Before the adoption of any suhh specifi'"
cations the City Clerk s~l publish, for two days,
in a new.pape~ publiShed and circulated in said. City,
a notice t~t the Mayor and Common Council propose to
adopt specifications for trees and the planting *reof J
which notife shall state the street ar streets to which
such proposed specifications shall be applicable and
the kind of t
".
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If within fiv_ days after the publication ot such' notice ,
,
ia aforesaid, no petition or protest has been filed,
said Mayor and Common Council shall proceed to n.
,
adopt such proposed specifications. If within said
ti.e days a petition is filed with the City Clerk signed
by the owners of one-half of the frontage of the property
fronting upon the street or streets to which such pro-
posed specifications shall be applicable requesting
a different tree than that mentioned in any proposed
specifications the Mayor and Common Council
shall con...
sider such petition , . amd unless there appear some
good reason for not so doing , shall modify such speci-
ficatiom so that they will conform to such petttion
and such prop'sed specifications shall thereupon be
adopted .
Section IV....
After the adoption of any specifications .as herein-
before provided, no trees shall \~F..1~er be planted
upon the streets to which such specifications
are aplicable except in conformity with the adopted
specifications .
Section V." The owners of the property along any
street'" which specifications for shade and ornamen-
tal trees have been adopted AS hereinbefore provided,
shall have one year from and after the adoption of
such specifications in which to plant trees in con'"
at
formity with said specifications ,and if^the
expiration of one year from the adoption of any specifi~
cations for the planting of shade and ornamental
trees %t.rr there remains any property abutting upon
the streets / 'to which any cf such adopted spec'ification
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shall apply in front of which no shade or ornamental
;/
trees have been planted J thin J unless the time for
the planting thereof be, extended 1 it shall become
the duty of the Mayor and Common Council to cause such
trees to be pla.nted ~ and assess the cost thereof
upon the property in front of which the same are
planted .
Section VI. - It is hereby declared unlawful for
any person to cut down J dig up J remove or injure any
abade or ornamental tree that is now or that may
hereafter be planted or growing upon any of the pub~
lie streets of the City of San Bernardino, except he
first procure permission from the Mayor and Common
Council so to do J and it :is al. hereby declared un-
lawful for any person other than the Superintendent
./
of itreets4 or the abutting property owne~ to prune,
trim) or in any manner cut any wlIliwx shade or ornamen..
tal tree that may nJW~anted or growing upon any
of the public streets ~ the City of San Bernardino ,
without first procuring permission from the Superintend~
ent of streets II) to do . .
)fa
Section VII." Nothing here~n contained shall be con~
strued as causing the cutting down .......or removal of
any shade or ornamental tree now planted and growing upon
any of the publ:ic streets of the City of San Bernardino St.
Section VIII.- Any person violating any of the pro.
visions of this Ordinance shall he deemed guilty of a
misdemeanor and upon conviction thereof shall be punish-
.
ed by a fine not exceeding
$50.00
J 0 r by TmJlT.""
imprisonment in the City jail for a period not exceeding
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fifty days, or by both such fine and imprisonment in
the discretion of the Court .
.
Section IX.- This ordinance shall be deemed
to have repealed any parts ~ any ~dinance conflicting
herewith.
Section X.- This ordinance shall take effect and be
in fo~ce from and after thirty days after its passage
and approval.
Section XI. The City Clerk shall certify to the
passage of this ordi~nce and cause the same to be
published for three consecutive days in The SanBernardino
Dail.y Sun .
I hereby certify tbat the foregoing ordinance
was adopted by the Mayor and Co~on Council of the
City of San Bernardino at
4- dY' of
following vote .
Ayes: ~':~ ~;W~
Noes : 0
held o?:'the
, 190~t by the
Approved this ~daY
I. "
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