HomeMy WebLinkAboutOrdinance - 1323-1953 - Prohibiting Obstructions Within The Public Parkway Area - 01/08/1953o\-oe-f..9S3
ORDINANCE NO •_.l-~J~22r~----
AN ORDINANCE PROHIBITING OBSTRUCTIONS WITHIN THE PUBLIC PARKWAY AREA
LYING BETWEEN THE CURB OR GRADE LINE OF ANY PUBLIC STREET AND THE ABUTTING PRIVATE
PROPERTY LINES; EXCEPTING CERTAIN SINGLE TRUNK TREES AND PLANTINGS SPACED AND
PRUNED AS PROVIDED IN THE BODY OF 'J,'HIS ORDINANCE AND CERTAm STRUCTURES PLACED
THEREIN UNDER AUTHORITY OF THE CITJ QOMMISSION; PROVIDING FOR THE REMJVAL AND
ABATEMENT OF ALL OBSTRUCTIONS WEN REQUIRED BY THE CITY COMMISSION; ESTABLISHING
~......,.........,~ PROCEDURE FOR THE ABATEl4ENT AND REMOVAL OF SUCH OBSTRUCTIONS AND THOSE VIOLATING
1/ THE PROVISIONS OF SECTION 1 OF THIS ORDINANCE; PROVIDING FOR A PENALTY; AUTHORIZ-f/ ~~ ING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF; MID DECLARING
~~ AN EMERGENCY. .
WHEREAS, the City Commission finds that many obstructions have been
constructed, planted and placed in that portion of public street rights-of-way
lying between the curb or grade line and the abutting private property lines in
such a manner as to obstruct the view of motorists at ma~ intersections of public
streets and so as to interfere with the publicts free and uninterrupted use of
said right-of-way areas; and
WH~, ~eh conditions have contributed to ~ny automobile accidents
at suoh intersections ana are dangerous to pedestrian use of sidewalk areas, and
the City Commission finds that it is necessary to the immediate preservation of
the public property and safety to provide a reasonable procedure for the elimina-
tion and abatement of such conditions creating an emergency requiring that this
Ordinan~~ ~com~ effective from and after its first reading and unanimous adoption;
THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That no obstruction of any kind may be mai ntai ned, constructe
placed, planted or grown in the public parkway.area lying between the ~rb or grade
line of any public street and the abutting private property lines, except single
trunk trees pruned to a height of seven feet (7t) above walk grade and spaced at
least ten feet (10'} apart, grass or other plantings trimmed and pruned so as not
to encroach over or into public sidewalk areas or streets and so as not to exceed
two and one-half feet (2-l/2r) in height above walk grade, and excepting further
all utility poles, street signs, traffic signB and other devices placed in said
area under lawful authority of the City Commission; provided that whenever it shall
be necessary to cause the removal of any such trees or plantings situated within
said area which would otherwise be permissible under the provisions of this
Ordinance, the City Commission may require the removal of same at the expense of
the persons responsible therefor.
SECTION 2. Whenever the Building Inspector receives information and
proof or the existence of any obstruction prohibited b.y the provisions of Section 1
(One) of this Ordinance or whenever he has been directed by the City Commission to
cause any obstruction to be removed from the public parkway area as described herei
he shall issue a written notice to any person responsible for the violation or
obstruction ordering the abatement or removal of same. He shall at the same time
send a copy of the said notice to the Assistant City Attorney in charge of prosecu-
tions in the Corporation Court. Such notice shall specify the nature of the
violation or obstruction and shall designate a reasonable time within which such
abatement or removal shall be accomplished. In the event such noti0e is not
complied with within the specified tim~, the said pr~eeuting attorney who re~ived
the copy of the original notice shall be so advised by the Building Inspector, and
he shall immediately institute proceedings for the abatement or removal thereof.
c
e.
SECTION 3. Any person, firm or corporation who shall violate any o£
the provisions o£ any Section o£ this Ordinance shall, upon conviction, be tined
in any sum not exceeding Two Hundred and N0/100 ($200.00} Dollars, and each day
ot such violation shall constitute a separate offense.
SECTION 4. The enactment o£ this Ordinance being necessary tor the
immediate preservation o£ the public property and safety, it is declared to be an
emergency measure, thereby creating a public necessity that the rule requiring
proposed Ordinances to be presented at two {2) separate meetings be dispensed with,
and this Ordinance is passed by unanimous vote at the meeting o£ its introduction.
SECTION 5. The City Secretary is hereby directed to cause the
descriptive caption o£ this Ordinance together with the penalty clause to be
published as an alternative method o£ publication as provided by law.
This Ordinance shall become effective from and after its present
reading and adoption.
AND IT IS SO ORDERED.
On motion of Commissioner ____ c_a_rp:,..e_n_t_e_r _____ , seconded by Com-
£.
missioner --~T~h~o_ma_s _________________ , this Ordinance was passed this __ at ___ h_ day
ot Janua~y;._ ____ , 1953, by the following vote;
Commissioners voting "YEAtt: Morris, Carpenter, Davis, Tpomas and
. Mayor vipp
Oolmnissioners voting 0NAi•:\ None \
ATTEST:
/k/1~~ La~owe, C~etary-Treasurer