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HomeMy WebLinkAbout~Master - Regulating Trees and Shrubbery, Repealing Ordinance 715 TEMP. ORD. NO. 59 PERM. ORD. NO. 807 AN ORDINANCE REGULATING THE PLANTING, CARE, CONTROL AND MAIN- TENANCE OF TREES AND SHRUBBERY UPON THE PUBLIC STREETS OF THE CITY OF AMES, IOWA, AND THE CARE AND CONTROL OF WEEDS, VINES, BRUSH, OR OTHER GROWTH UPON PUBLIC AND PRIVATE PROPERTY WITHIN THE CITY OF AMES .AND REPEALING ORDINANCE NO. 715 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT Y OF AMES, IOWA: Section 1. Control Established. The City of Ames hereby 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 upon the public streets. Section 2. Definition. "Public streets" as used in this ordinance shall mean all land lying between property lines on either side of all public streets, avenues, highways, boulevards and alleys within the corporate limits of the City of Ames. Section 3. Planting Trees Within Street Limits Prohibited. It shall be unlawful for any person, firm or corporation to set out or plant any tree within the limits of any public street within the City of Ames. Trees hereafter planted on private property shall be planted not less than three (3) feet from the property line abutting on a public street. Section 4. Interference With Trees and Shrubs. Cutting or removing trees or shrubs 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 public street trimmed so that the overhanging branches shall be at least eight (8) feet above the surface of the sidewalk and fourteen (14) feet above the surface of the traveled portion of the street. All trees and shrubs on private property shall be trimmed at the property line from ground level to the height of eight (8) feet. Section 5. Cottonwood and Cotton-bearing Poplar Trees. The planting of cottonwood or other cotton-bearing poplar trees within the City of Ames is prohibited. Section 6. Weeds and Brush. It shall be unlawful for the owner of property to permit or maintain on such property weeds, vines, brush, or other growth which constitute a health, safety or fire hazard. Sectiai 7. Failure to Destroy Weeds or Brush. If such owner 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, or agent, 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 service of such notice. If such owner or agent fails to cut or destroy such weeds, vines, orcther 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 removals A verified statement, fully itemized, of the costs, shall be filed with the city clerk. When directed by the city council the city clerk shall certify said costs 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 8. Legality. In the event any section of this ordinance is declared to be null and void, then such declaration shall not affect the remaining portion of this ordinance. Section 9. Penalties. Any one violating any of the provisions of this ordinance shall, upon conviction, be subject to imprisonment not exceeding thirty (30) days, or to a fine not exceeding one hundred dollars ($100. 00). Section 10. Repeal. Ordinance No. 715 and all other ordinances or parts f ordinances in conflict herewith are hereby repealed. Section 11. This ordinance shall be in full force and effect from and after is passage and publication as provided by law. Passed this 10th day of May, 1955. J. Prather, City Clerk J. P. Lawlor, Mayor Moved by Judge and seconded by Smith that Ordinance No. 807 be passed on its first reading. Voting Aye: Griffith, Judge, Smith, De Hart and Bolton Voting Nay: None Absent: Bliss Moved by Judge and seconded by De Hart that the rules governing the passage of ordinances be suspended, the second and third readings omitted and Odinance No. 8,07 be placed on its final passage. Voting Aye: Griffith, Judge, Smith, De Hart and Bolton Voting Nay: None Ab sent: Bliss Moved by Smith and seconded by De Hart that Ordinance No. 807 do now pass. Voting Aye: Griffith, Judge, Smith, De Hart and Bolton Voting Nay: None Absent: Bliss Mayor Pro TenGriffith declared Ordinance No. 8,07 duly adopted. I, J. W. Prather, City Clerk of the City of Ames, Iowa, do hereby certify that No. 8,07 was duly and properly passed at a meeting of the City Council Ordinance day of on the 1 Oth day of May, 1955 and published by codifying on the _ r J. Prather, City Clerk