07141959 Regular Meeting - Laserfiche WebLink

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59 I AN ORDINANCE REGULATIOO THE PLAClOO OF PLANTS AND FENCES ON CERTAIN PORTIONS OF CORNER LOTS; REGULATIOO THE PLACn~, MAIN- T AINlOO OR PERMITTIOO OF TREES AND PLANTS BETWEEN THE PROPERTY LINES AND CURB LINES OF PROPERTY ABUTTIt-(; ON STREETS; REGULAT- 11\13 THE PLACIN3, MAINTAINING OR PERMITTII\I3 OF TREES AND PLANTS NEAR FIRE HYDRANTS; REGULATII(; THE MAINTAINlr<<> OR PERMITTIN3 OF TREE LIMBS OVERHAr<<>ING OR GRONII\I3 ABOVE THE AREA BETWEEN PROPERTY LINE AND CURB LINE OF PROPERTY ABUTTIN3 ON STREET; MAKIN3 IT DUTY OF CHIEF OF POLICE TO SERVE WRITTEN NOTICE ON CERTAIN PERSONS VIOLATIN3 THE ORDINANCE; AUIHORIZIr<<> AND DlRECTIN3 CITY MANAGER TO CAUSE REMOVAL, TRIMMIOO OR PRUNII\I3 OF CERTAIN TREES AND PLANTS, OR PARTS THEREOF, CONSTITUTIN3 CERTAIN VIOLATIONS, PROVIDII'll PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; AUIHORIZIN3 CITY MANAGER TO REMOVE TREES OR PLANTS FOUND BETWEEN OPPOSITE CURB LINES IN ANY STREET AND TO TRIM BRANCHES, LIMBS, OR FOLIAGE OF ANY TREE OR PLANT OVERHAr<<>II\I3 OR GROI/Ioo ABOVE AREA BETWEEN CURB LINES OF ANY STREET; DEFININ3 CERTAIN TERMS USED IN THE ORDINANCE; MAKIoo THIS ORDINANCE CUMULATIVE OF All OTHER ORDI- NANCES; EXCEPT SUCH ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HERE\'IITH; REPEALII\I3 SUCH CONFLICT Ii'll ORDINANCES OR PARTS THEREPF; PROVTOIN3 A SAVlr<<> CLAUSE; AND PROVIDlt-(; FOR ITS EFFECTIVE DATE. WHEREAS, the general welfare, safety and convenience of the publiC and the beautification of the streets and highways in the City of San Marcos demands that proper protection be had and that consequent regulation be had over the planting and removal of trees, bushes, shrubbery, vines, palms and like plants located on or along any street or sidewalk area and on certain I portions of corner lots in said city; and WHEREAS, the continued maintenance of certain bushes, shrubbery, palms vines, and like plants is causing a hazard and an inconvenience to pedestrians and vehicular traffic upon the streets of this city; Now, Therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS: SECTION 1. For the purposes of this Ordinance the words used in the singular number shall include the plural; words used in plural shall include the singular; and certain words and terms used herein are defined as follows: PLANT: Any hedge, bUSh, shrub, vine, palm or other vegetation (except trees). STREET: The entire width of every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right for I purposes of traffic. TRAFFIC: Pedestrians, riders of animals, drivers of vehicles, while using any street for purposes of travel. VEHICLE: Every devise in, or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power.