HomeMy WebLinkAboutOrdinance - 3863-1962 - Regulating Planting And Prohibiting Growth Of Trees And Shrubs Heighth 18". - 06/14/196260
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ORDINANCE NO. 3863 ou--zz ... rqlJz
AN ORDINANCE REGULATING THE PLANTING AND PROHIBITING GROWT!i
OF TREES AND SHRUBS TO A HEIGHTH EXCEEDING 18 INCHES IN THE PUB-
LIC STREETS; PARKWAYS AND OTHER PUBLIC OWNED AREAS; PRESCRJBING
A ~ENALTY; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
OF THIS ORDINANCE.
WHEREAS, the City Commission finds that the planting of trees, shrubs and
other plants in public street right of way and parkways in numerous cases result
in the root growth from such trees raising the sidewalk or curb and gutter in the
public streets of t he City of Lubbock which creates conditions hazardous to the
safety, health, and general welfare of the citizens of the City of Lubbock; and,
l WHEREAS,. the planting of trees, shrubs and other plants in public rights of
way in numerous cases results in visual obstructions affecting the safe movement
of traffic;. and
WHEREAS ... the planting of trees, shrubs and other plants in public street
right of way and parkways on many o ccasions results in interference with exten-
sion of public utilities which can be lawfully extended into public rights of way;
and,
WHEREAS,. the City Commission finds that the planting and growth of trees,
shrubs and plants in publicly owned areas should be regulated in the interest of
the public health, safety, and general welfare; NOW THEREFORE_.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That Volume I of the Lubbock City Code is hereby amended by
adding thereto a new Section to be de signa ted Section 19 -16 which shall read
as follows:
"It shall be unlawful, after the effective date of this ordinance,
for any person, firm or corporation to plant or set out or cause
to be planted or set out any tree, shrub or plant or to permit,
suffer or encourage the growth of any tree, shrub or plant which
exceed the heighth of 18 inches above the top of curb level within
a public street or public parkway or other publicly owned land of
the City of Lubbock abutting the property owned, occupied, con-
trolled or possessed by such person., firm or corporation."
SECTION 2. Any person,, firm, or corporation violating the provisions of
this ordinance shall upon conviction be fined in any sum not to exceed $200. 00.
Each day such violation continues shall constitute and be a separate offense.
SECTION 3. The City Secretary shall cause the publication of this ordinance
once a week for two consecutive weeks in a newspaper regularly published in the
City of Lubbock and this ·ordinance shall become effective ten days after its last
publication.
AND IT IS SO ORDERED
Passed by the Commission on first reading this 14th day of_-ai..Jr,ILI.m.as:e.__ _ ____., 1962.
Passed by the Commission on s:!ani reading this 28th day of--*J:..wu""'nlil:..e ___ ~· 1962.
ry-Treasurer