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HomeMy WebLinkAboutOrdinance 1155 ORDINANCE NO. AN ORDINANCE RECOGNIZING, CREATING AND DESIGNAT- ING THE FORESTRY DIVISION OF THE DEPARTMENT OF PUBLIC PARKS IN THE CITY OF FORT WORTH AND REGULATING THE PLANT- ING, PROTECTION, CARE, REMOVAL AND CONTROL OF TREES ON PUBLIC HIGHWAYS, PUBLIC PLACES, PUBLIC SQUARES AND OTHER PLACES IN THE CITY OF FORT WORTH: PRESCRIBING THE POWERS AND DUTIES OF THE CITY FORESTER AND PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, under the provisions of Section 5, Chap- ter 18, of the Charter of the City of Fort Worth, the Department of Public Parks has designated and created a Forestry Division; and WHEREAS, the public welfare, convenience and general beautification of the City demands that proper protection and consequent regulation be had over the trees, shrubbery and plants located in public places in said City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION I That the Forestry Division of the Department of Public Parks is hereby granted jurisdiction, authority, control and supervision over all trees, plants and shrubs planted or growing in or upon the public highways and public places in the City of Fort Worth and the planting, removal, care, maintenance and protection thereof. SEOTION II That the Forestry Division of the Department of Public Parks shall have the power to plant, preserve, spray, trim, cable or remove any tree, shrub or plant on any street, alley, avenue, land, lane, public ground or square belonging to the City. If any tree or any part thereof is in an unsafe condition, or is injurious to the common good, or to sewer pipes, pavements, improvements, or is infested and dangerous to other trees, power is hereby given to the Forestry Divi- sion of the Department of public Parks to remove said trees or part thereof, or spray said tree, or order said tree or part thereof removed. If any tree or shrub on any private property is infested and, in the opinion of the Oity Fores- ter, is infectious and liable to spread any disease, or if any tree or shrub is dangerous to the public, power is hereby given to the Forestry Division of the Department of Public Parks to enter said property and spray said tree or shrub, or remove same or any part thereof. MOTION III That it shall be unlawful for any person, firm or corporation to out or break any branch of any tree or shrub or injure in any way the bark of said tree or shrub growing on any public highway or public ground. No person, firm or corporation shall allow any injurious substance such as gas, salt or oil to come in contact with any public tree, plant or shrub. SEOTION IV That whenever any person, firm or corporation plans to do any sort of construction work around any public tree, plant or shrub, proper guards, to be approved by the City Forester, shall be placed around said tree, plant or shrub, SECTION V That any person, firm or corporation having any electrically charged wire, which is in contact with any tree, plant or shrub and which, in the opinion of the City Forester, is injurious to said tree, plant or shrub, shall remove said wire or shall place proper insulation about said wire. If said tree, plant or shrub is to be pruned notice shall be Served on the owner of said wires and current shall be dis- continued within forty-eight hours after notified, for the period necessary for pruning or repairing said tree, plant or shrub. SECTION VI That it shall be unlawful for any person, firm or corporation to attach any cable, wire, rope, sign or any other thing to any public tree, without a permit from the Forestry Division. SECTION VII That is shall be unlawful for any person, firm or corporation to plant, prune, remove, paint or spray any tree, plant or shrub on any public highway or public place wit?f- out first securing a permit from the City Forester. If more than one tree, plant or shrub is to be plant- ed on the street, the Forestry Division of the Department of Public Parks shall require the applicant to fill in the necessary form showing his intentions. w SECTION VIII That whenever any electric light, telephone or other public utilities, firms or corporations wish to prune trees, for the purpose of protecting their wires, they must first secure a permit from the Forestry Division of the Department of Public Parks and must pay expense of an inspector appointed by the Forestry Division of the Depart- ment of Public Parks to supervise said pruning. SECTION Il That all trees, plants and shrubs growing between the side walk and the curb are the property of the City of Fort Worth and shall be under the control of the Forestry Division of the Department of Public Parks, SECTION X That no person, firm or corporation shall engage in a business or trade or shall solicit employment for the pur- pose of pruning, repairing or spraying any tree, plant or or shrub, either on a street or in any public place_,/on any private grounds unless he possesses a permit from the Forestry Division of the Department of Public Parks. Instruc- tion will be given to any person, firm or corporation and upon request printed matter regarding pruning, spraying and general tree repair work will be furnished. SECTION XI That this ordinance shall take effect and be in full force and effect from and after the date of its passage and five days publication as required by law. SECTION XII That the holding or adjudication of any section or subdivision of any section or part of any subdivision of any to section of this ordinance/be invalid, shall not affect the validity of any other section oiL part of the subdivision of the section thereof, but all other sections, subdivisions and parts of subdivisions of sections shall be and remain in full force and effect. SECTION SIII That any person, firm, association, partnership or corporation, agent or employee thereof, who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof in the corpora- tion court, shall be subject to a fine of not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars (,$200.00). APPR ED AS TO FORMS �-Z- kor. �City Attc y s „ y. �r At a regular meeting of the City Council of the j City of Fort Worth held at the" City Hall on Tuesday the day of , A. D. 1926, the Mayor Secretary—Treasurer and a quorum of the City Council of the City of Fort Worth being present; thereupon, the above and foregoing ordinance D?o. was read and its passage and adoption was thereupon approved by Councilman seconded by Councilman and the same being put to a vote and all voting "Aye" thereon and none voting "No", same was declared to be unanimously adopted by a majority of all the members; and the City Secretary directed to publish same as required by law. Secretary—Treasurer, City of Peet W6rth, Texas