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HomeMy WebLinkAbout~Master - Regulating Trees and Shrubbery on Public Streets ORDINANCE NO. 715 N ORDINANCE REGULATING THE PLANTING, CARE, CONTROL AND TRIMMING OF TREES AND SHRUBBERY UPON THE PUBLIC STREETS AND THE CARE AND CONTROL OF WEEDS, VINES, BRUSH, OR OTHER GROWTH ND REPEALING ORDINANCE NO. 561. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section I. The City of Ames assumes charge, custody and control of all trees and shrubbery upon the public streets and the right to plant, prune, care for, remove and maintain all trees and shrubbery upm the public streets. Section 2. All trees hereafter planted in any street, avenue or highway shall be planted midway between the outer line of the sidewalk and the curb or as otherwise directed by the City Manager. In the event that neither a sidewalk or a curb line has been established, then the trees shall be planted in a location as designated by the City Manager. All treee now or hereafter plan ed in any street, avenue, or highway, that interfere with the making of any improvements thereon, or with travel, or become dangerous, shall be removed as provided in Section 3 hereof, and any tree planted in any street, avenue, or highway shall be planted upon such condition and subject to such removal. Section 3. It shall be unlawful to trim cut, or remove in any manner any tree in any street, avenue, highway or public place unless such trimming, cutting, or removing shall be done with the permission and under the supervision of the City Manager, except that the owner, agent or occupant of any lot or parcel of land shall keep the trees on and adjoining his property in the street, avenue or highway, trimmed so that the overhanging branches shall be at least eight feet above the surface of the sidewalk and fourteen feet above the surface of the street. All trees and shrubs shall be trimmed so that they are not closer to either edge of the sidewalk or curb than one foot from ground level to the heighth of eight feet. No cotton-bearing cotton wood trees or other cotton-bearing poplar trees shall be planted in the City of Ames. Section 4. It shall be unlawful for the owner, agent or occupant of property to permit or maintain on such property weeds, vines, brush, or other growth which constitute a health, safety or fire hazard. Section 5. If such owner, agent or occupant fails to cut or destroy such weeds, vines, brush or other growth the City Council or any agent designated by them may serve or cause to be served upon the owner, agent or occupant of the property upon which such weeds, vines brush or other growth is located, a notice in writing to cut and destroy the same within a specified time from the time of the serv.ce of such notice. If such owner, agent or occupant fails to cut or destroy such weeds, vines, or other growth within the time specified in the notice the City Council shall cause the same to be cut and destroyed keeping an actual account of the expenses incurred for such removal, and file a verified statement, fully itemized, with the costs, with the City Clerk. The City Clerk shall thereupon certify said cost to the County Auditor and said cost shall be assessed against the land and be collected with, and in the same manner as, general property taxes. Section 6. Legality. In event any section of this ordinance is declared to be null and void, then such declaration shall not affect the remaining lnrtion of this Ordinance. Section 7. Penalties. Any one violating any of the provision of this ordinance shall, upon conviction, be subject to imprisonment not r exceeding thirty days, or to a fine not exceeding ore hundred dollars. Whenever the fine and costs imposed for the violation of this ordinance are not paid, the person convicted may be committed to jail until the fine and costs are paid, not exceeding thirty days. Section 8. Ordinance no. 561 of City Ordinances of the City of Ames, Iowa is hereby specifically repealed and all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 9. This ordinance shall be in force and effect from and after its passage and publication as provided by law. Passed this 4th day of December, 1951. J. W. rather, City Clerk W. L. .Allan, Mayor Moved by Winfrey and seconded by De Hart that Ordinance No. 715 be passed on its first reading. Voting Aye: Griffith, Bauge, De Hart, Smith, Winfrey and Moore Voting Nay: None Absent: None Moved by Moore and seconded by Griffith that the rules be suspended, the second and third readings omitted and Ordinance No. 715 be placed on its final passage. Voting Aye: Griffith, Bauge, De Hart, Smith, Winfrey and Moore Voting Nay: None Absent: None Moved by Griffith and seconded by Bauge that Ordinance No. 715 do now pass. Voting Aye: Griffith, Bauge, De Hart, Smith, Winfrey and Moore Voting Nay: None Absent: None Mayarr declared Ordinance No. 715 passed.