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HomeMy WebLinkAboutNS-1759 Not adoptedORDINANCE NS-1759 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE VI TO CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE AND REPEALING SECTIONS 10-141, 10-142 AND 10-143, TO PROVIDE FOR tE CARE AND PROTECTION OF CITY TREi ~ REL: adg 1/17/85 / THE CITY COUNCIL OF THE CIT~ AS FOLLOWS: DOES ORDAIN SECTION 1~ That Chapter 33 of is hereby amended by adding an Art VI and consisting of section~ 33-200 Article reads as follows: %na Municipal Code to be numbered gh 33-208, which said Sec. 33-200. ARTICLE Purpose TREES The purposes of department responsible for for its duties and res species to be [ ments, to consider tree to determine city tre trees from damage. .icle are to designate the city ng the city's trees, to provide les in this regard, to list tree spacing and planting require- ~g as it affects utilities, , and to protect city Sec. 33. including str. land owned or tree" means the city. pplies to all trees owned by the city, , park trees and trees located on other [ed by the city. As used hereSn "street located within the public right-of-way in / Sec. 33-2~. Responsibility of Public Services Agency / It ~hall be the responsibility of the city's Public Services Agency, under the direction of its ~xecutive Director to develop,/a~nually update,~ administer and implement a compre- hensive forestry program for the care, preservation, pruning, acquisition., ~n~ing, and removal of city trees. The plan shall be ~ubmitted annually to the city council for approval. / ORDINANCE NO. NS-l?59 PAGE TWO Se~3-203. City ~tree species .... ~y trees Of the follOWing'speCies may be planted as city trees: Bottle, rush (Callistemon citrinus) (lanceolatus) Brisba~9 Box (Tristania conferta) Bronze L~quat (Eriobotrya deflexa) Camphor C~innamomUm camphora) Cocos p&lm~(Cocos ~iumosa) Crape Myrtl~ (Lagerstroemia indica) Carrotwood (~upaniopsis anacardioides) Ficus (Ficus ~itida) Jacaranda (Jacaranda acutifOlia) Liquid Amber (L~quidambar styraciflua) Magnolia (Magnolia grandiflora) (Samuel Summers) Oak (Quercus ilex~ Pine (Pinus canaribnsis) SycamOre ('Plata.nUs ~cerifolia) Tuli~ Tree (Lirloden~ron tu. lipifera) Gold~nrain ('Koelreute~ia b~pinnata) Podocarpus~(PodOC~rpus~gracilior) Bradford Pear !Pyru~ ca~l-eryana)(Bradford) Sec. 33-204. Spacing standards \~ Street trees shall be spaced '~part a reasonable dis- tance in accordance wi~h the specie size~and planting area width, Trees shall be spaced apart between forty (40) and sixty (60) feet except for special p!antin~s designed or approved by a landscape architect. Sec. 33-205. Prot_ection of utilities \ and public improvements ~(a) City trees shall not be planted wl~n the fo - loWi~ng distances of the follOwing utilities and pu~,lic imprOve- ments: \ ORDINANCE NO. NS- 1759 PAGE THREE Sewer, gas or water lines ....... 10 feet Driveways ......................... 10 feet Street lights ................... 21 feet Power poles ...................... 10 feet Intersections (curb radius area). 35 feet Fire hydrants .................... 10 feet (b) No city tree shall be planted the tree's future growth would be likely to with~overhead power lines. location where interference (c) The Executive Director o Public Services Agency shall cause to be removed any tree or part thereof which is injurious, or appears lik~ to become injurious to any utility or other public improv Sec. 33~206. Damaging c trees No person shall or affix to any city tree, any biil, poster, placard, p~ announcement, notice, or advertisement, or sign, cut, paint, print or mark any of the same upon such tre~ or affix or attach in any manner any other thing whatsoevel including any guy wire or rope, to any such tree, except f¢ the purpose of protecting it or other purpose authorized the city. Sec. 33-20' Dumping harmful substances on city trees. No shall dump, pour or spill any oil, salt, salt water o other deleterious matter upon any city tree or city tree , or maintain within ten (10) feet of any such tree or tr space, any receptacle from which such ~atter leaks or drips, )r pour such matter onto any gutter, so as to injure any city 33-208. Building materials near city trees No person shall pile building material or other mat~ ial about any city in any manner that will in any way in~ such tree. 2: Sections 10-141, 10-142, and 10-143 of the Santa Ana Municipal Code are hereby repealed. ORDINANCE NO. NS- 1759 PAGE FOUR SECTION 3: If any section, subsection, sentence, clause, phrase or porti6n of this Ordinance is for any reason held to be invalid or ~nconsti~utional. by-the decision of any court or competent ju~sdictlon, sUch decision shall not affect the validity of the f~maining portions of-this Ordinance. The City Council of the Cit~ of Santa Ana hereby declares that it would have adopted this o~dinance and each section, subsection, sentence, clause,~ p~ase~or portion thereof irrespective of the fact that any one or ~ore sections, subsections, sentences, clauses, phrases, or ~rtions be declared invalid or uncon- stitutional. SECTION 4: Neither the a~option of this Ordinance ~or the ~~reby of any ordinance shall in any manner affect the prosecution for violation or,ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of Such ordinance relating to the collection of any such l~cense or penalty or the penal provision applicable to any cash~deposit in lieu thereof, re- quired to be posted, f~le~.or de~sit pursuant'to anY ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. \ ADOPTED this day o , :1984. \ \ ATTEST: Janice C. Guy Clerk of the Council COUNCILMEMBERS: Griset Acosta Hart Johnson Luxembourger McGuigan Young Daniel E. Greet Mayor APPROVED AS TO FORM: City ~t t o r-l'r~