HomeMy WebLinkAboutAgenda Report - October 1, 19970
CITY OF LODI COUNCIL COMMUNICATION
4°.
AGENDA TITLE: Introduce Ordinance Adding Chapter 9.08 to the Lodi Municipal Code Relating to
Protection of Public Trees, Shrubs and Plants
MEETING DATE: October 1, 1997
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council introduce the attached Ordinance entitled Protection
of Public Trees, Shrubs and Plants Ordinance which would establish
Chapter 9.08 in the Lodi Municipal Code.
BACKGROUND INFORMATION: The City of Lodi requires specific language within the Lodi Municipal
Code establishing guidelines and procedures which will eliminate
inadequacies currently hampering enforcement by staff to protect
the City's substantial investment in trees, shrubs and plants from
other than their intended use.
This addition should prohibit the use of trees for advertisement or storage, i.e., chaining bicycles, posting
signs, etc. These types of uses are unsightly and cause damage to trees and irrigation systems.
Damage caused to tree bark promotes infection in the trees and can eventually kill the tree.
FUNDING: Not applicable.
4a ) �)o
Jack L. Ronsko
Public Works Director
Prepared by George M. Bradley, Street Superintendent
JLR/GMB/dsg
Attachment
cc: City Attorney
Street Superintendent
Tree Operations Supervisor
APPROVED:
H. Dixon Flynn -- City Nfanager
G:ZTREETSITREES%CCPROTEC.DOC 3/19/96
ORDINANCE NO. 1652
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
ADDING CHAPTER 9.08 TO THE LODI MUNICIPAL CODE RELATING TO THE
PROTECTION OF PUBLIC TREES, SHRUBS AND PLANTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS
FOLLOWS:
SECTION I. Chapter 9.08 — is hereby added to the Lodi Municipal Code relating to
Abuse and Mutilation of City Trees, Shrubs and Plants — to read as follows:
9.08.055 Protection of City Trees, Shrubs and Plants:
A. The term "city tree, shrub or other plant" refers to those trees,
shrubs and other plants which are located upon city property or within the
public right of way.
B. No person shall damage, cut, carve, transplant, remove or
otherwise injure or deface any city tree, shrub or other plant.
C. No person shall attach any rope, wire, chain, screw, nail, bicycle
lock, advertising poster, or other contrivance to any city tree, shnib or
other plant.
D. No person shall allow any gaseous, liquid or solid substance which
is harmful to any city tree, shrub or other plant to come in contact with
said city tree, shrub or other plant or the soil adjacent thereto.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
SECTION 5. This ordinance shall be published one time in the "Lodi News Sentinel', a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect immediately after its passage and approval.
Approved this _ day of .1997
PHILLIP A. PENNINO
Mayor
Attest:
Alice M. Reimche
City Clerk
State of California
County of San Joaquin, ss.
I, Alice Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1652 was introduced at a regular meeting of the City Council of the City of Lodi held
October 1, 1997, and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held by the following vote:
Ayes: Council Members -
Noes; Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1652 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
ALICE M. REIMCHE
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney