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HomeMy WebLinkAbout1634 - PlantingORDINANCE NO. 1634 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 13.08 TO TITLE 13 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "PLANTING" • The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 13.08 of the Newport Beach Municipal Code is amended to read: "Chapter 13.08 PLANTING Snctinns: 13.08.010 Juriidiction and Authority. 13.08.020 Official Tree List. 13.08.030 Removal or Relocation of Plants by City. 13.08.040 Tampering with Planting Prohibited. 13.08.050 Prohibited Activities. 13.08.060 Owners of Premises Required to Trim Branches. 13.08.010 Jurisdiction and Authority. Subject to the • administrative control established by the City Charter, and any applicable City Council Policy, the provisions of this Chapter, the Parks, Beaches and Recreation Department shall exercise jurisdiction and control over the planting, maintenance, and removal of trees, shrubs, and plants in all public areas under the control of the City, and shall have the authority and duties prescribed in this Chapter. 13.08.020 Official Tree List. The City Council shall adopt an official tree list which shall set out the names of the streets in the City and the species of tree or trees that may be planted on each such street or portion thereof. The list shall be adopted by resolution and three copies thereof shall be kept on file in the office of the City Clerk for inspection by the public, and copies shall be available • in the Parks, Beaches and Recreation Department for information. 13.08.030 Removal or Relocation of Plants by City. The City may relocate or remove any tree, shrub, plant, structure or surfacing material in any public street right - of -way as determined by the City Council to be necessary -1- p_ or convenient for public travel or in the interest of public health, safety or general welfare. 13.08.040 Tampering with Planting Prohibited. No • person shall trim, cut down, damage, remove, or destroy any tree growing upon any public park, beach or playground, or the grounds of any public building, or a public street right -of -way, without written permission of the City Manager. No person shall damage, disfigure, or destroy any seat, trellis, or other facility located thereon. No person shall cut, damage, remove or destroy any shrub, plant or flower growing in any public park, beach or playground, or the grounds of any public building, or on any street right -of -way except in the parkway adjoining the property of which such person is the occupant or owner. 13.08.050 Prohibited Activities. A. PLACING ROPE, WIRE, POSTERS, ETC. No person shall place or affix any rope, wire, sign, poster, or other object on any tree, • shrub, or plant, or upon any guard device protecting same, located upon the public street right -of -way or upon other public property. B. DEPOSITING DETRIMENTAL SUBSTANCE. No person shall deposit or throw upon any public street right -of -way or other public property any substance detrimental to the growth of any tree, shrub, or plant. C. REMOVING GUARD OR PROTECTIVE DEVICE. No person shall remove or damage any guard or device placed to protect any tree, shrub, or plant growing in any public street right -of- way or upon other public property. D. ATTACHING ELECTRICAL APPARATUS. No person shall attach any electric wires or any device for holding electric wires to any tree, plant or shrub growing in any public street • right -of -way or other public property under the control of the City without approval of the City Council. No person shall, without written permission from the Director of Parks, Beaches and Recreation, trim, cut or break any part of such -2- tree, shrub, or plant in order to make passage for electric wires. E. PLACING LOOSE ROCK OR GRAVEL. No person shall place • or maintain loose rock or gravel in the parkway on any street. 13.08.060 Owners of Premises Required To Trim Branches. The occupant in charge or, if there is no such occupant, the owner of every lot or parcel of land shall trim the branches of any tree, shrub, or plant on his property, and shall trim all shrubs and plants in the parkway adjacent to his property, so that same shall not encroach upon the sidewalk or street in such manner as to impede or interfere with traffic thereon or obstruct the passage of light from any street light to the street or sidewalk. The City shall trim and prune all trees located in the public street right -of- way." • SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of AUG 25 1975, and was adopted on the 8th day of September , 1975, by the following vote, to wit: AYES, COUNCILMEN McInnis, Dostal, Barrett, Kuehn, Ryckoff, Store NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Rogers . Mayor ATTEST: r City Clerk Csnro;c;. h,S T >;% Onln : " ,L ANTI CF'raiJ. -, .AS TO DATE.. CEP 10 1975 ..............._ CLIME CITY OF K... JRf aEACI� -3- DDO /bc 8/14/75