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HomeMy WebLinkAboutORD 53-LAN -ORDINANCE ENTITLED'AN ORDINANCE PTT,SCRIBING THE MINIMUM OVERHEAD CLEARANCE OF ALL TREES, SHRUBS, VINES, PALMS AND;.SIMILAR PLANTS OF EVERY DESCRIPTION OVERHANGING IN ANY STREET OR SlIP0IALK IN THE CI TY OF BEAMIONT ; PRES CR IBING THE MINIMUM DI STAN CE - THAT SUCH TREES, SHRUBS, VINES, PALMS, ETC. MAY BE GROWN FROM THE CORNER OF ANY BLOCK IN SAID CITY BET?WZ,EN THE SIDE1-fiALK AND THE CURB; PRESCRIBING THE MINIMUM DISTANCE THAT TREES, SHRUBS, VINES, PALMS, ETC. MAY BE -GROWN., PLANTED OR CULTIVATED FROM ANY CURB LINE OF ANY STREET; DECLARING THAT TREES, SHRUBS, VINES, PALMS AND ALL SIIJILAR PLANTS; OF EVERY DESCRIPTION PLANTED, GROWN OR CULTIVATED UPON OR ALONG ANY SIDYv"IALK OR PUBLIC tFVAY IN THE CITY OF BEAUMONT, EXCEPT AS PROVIDED HEREIN, TO BE A NUISANCE; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF AND FOR THE MAINTENANCE OF SUCH NUISANCE AND REPEALING AN ORDINANCE PASSED BY THE CITY ColiDdISSION OF THE CITY OF BEAUMONT ON THE 8TH DAV_ OF FEBRUARY, 1921, ENTITLED: "Entitled an Ordinance requiring, the trimming or pruning of trees, shrubs, vines, palms and like plants of every description and kind whose branches"may or are calculated to impede, interfere with or inconvenience persons in the use of or their passage upon or along any sidewalk or public '-aray in the City -of Beannont, providing for penalties for the violation thereof, -and providing, further, that the invalidity -of a part shall not invalidate the whole of said ordinance." NOW', THEREFORE, BE IT ORDAINED BY THE. CITY COTMIMISSION OF THE CITY OF BEAUDIONT': Section 1. That it shall hereafter be unlawful for any tree, shrub, vine, palm or any similar plant of any description or kind to be grown, maintained: or cultivated in such a manner so as any portion of such tree;_shrub, vine, palm, etc. may overhang or obtrude upon or over any sidewalk unless there be a full ten (10) foot clearance between the surface of all portion of such sidewalk and the overhanging tree, limb, shrub, vine, palm or plant of any description or kind. Section 2. That it shall hereafter be unlawful for any tree, shrub, vine, palm or any similar plant of any description or kind to be grown, maintained or cultivated in such a manner so as any portion of such,. tree, shrub, vine, palm, etc. may overhang or obtrude upon or over any street or highway in the City. of Beaumont unless there be a full twelve (12) foot clearance between the surface of all portion of such street or highway and the overhanging tree, limb, shrub, vine, palm or plant of any description or kind. Section 3. That it shall hereafter be unlawful for any tree, shrub, vine, palm, hedge or any similar plant of any des- cription or kind to be planted, cultivated, grown or permitted to be planted, cultivated or grown between the sidewalk and the curb or ditch line on any street or highway at a lesser distance than seven and one-half (71) feet from any fire plug in the City of Beaumont. Provided, however, that all shade trees now row- ing between the sidewalk and the curb on any public street or highway in the City of Beaumont, less than_ seven and one --half ('72) feet from any such fire plug, shall not be affected by the terms of this Ordinance. Section 4. That it shall hereafter be unlawful for any tree, shrub, vine, palm or any similar plant of any description or kind to be planted, maintained or cultivated between the sidewalk and the curb on any public street or highway in the City of Beaumont at a lesser distance than twenty (20) feet from the corner of any block on any such public street or highway such measurements to be computed at the point of intersection of two lines extended parallel with the curb line of the streets or avenues intersecting and, causing such corners. - 2 - Section 5. Any person, association of. persons,.or corporation who shall hereafter grow, plant, maintain, or cultivate or cause to be grown, planted, maintained or cultivated any tree, shrub, vine, palm, hedge or any similar plant of any description or kind, whatsoever, within the limits of the City of BeaLunont in violation of any of the provisions hereof, shall be deemed guilty of maintaining a nuisance.and upon conviction shall be fined in any sum, not less than One (51.00) Dollar or more than One Hundred (J�,100.00) Dollars. Section 6. It is further ordained herein that the Ordinance passed by the City Commission of the City of Beaumont on -the 8th day of February, 1921, covering the pruning of trees, shrubs, vines, etc. the preamble of which,is fully set out in the foregoing pre.- rible to this Ordinance, be and the same. hereby is -expressly repealed. PASSED by an affirmative vote of all members of the City. Commission, this the (p = day of GCe✓ A. D. 1938. - 3 -