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ORDINANCE 1158ORDINANCE NO. 1158 AN ORDINANCE OF THE CITY OF EL SEGUNDO, ADDING TO CHAPTER 12.12 PARKWAY RULES AND REGULATIONS OF THE "EL SEGUNDO MUNICIPAL CODE" RELATING TO CITY TREES AND THEIR CARE. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTIONS 12.12.110, 12.12.120, 12.12.130, 12.12.140, 12.12.150, 12.12.160, 12.12.170, 12.12.180, 12.12.190 are added to the Title 12 of the "E1 Segundo Municipal Code" to read as follows: 12.12.110 Parkway rule nine - Landscaping In new subdivision or when the development of commercial property or new construction on existing subdivisions occurs, the Director of Recreation and Parks or director's designee shall review landscaping plans and may require street trees being planted in any of the streets, parking lots, and other public places abutting lands henceforth developed and /or subdivided in accordance with the Tree Policy. 12.12.120 Parkway rule ten - Tree Planting, Maintenance and Removal Specifications and standards for the planting, maintenance, and removal of trees subject to this ordinance are contained within the Tree Policy of the City of E1 Segundo. 12.12.130 Parkway rule eleven - Tree Protection Protecting existing trees is a Therefore, standards for control for protection of trees shall be major goal of the Tree Policy. of disease or other pestilence, set forth in the Tree Policy. 12.12.140 Parkway rule twelve - Planting Vegetation Around Trees No person shall plant or grow or cause to be planted or grown any ivy, geranium or other vegetation on or against any city street trees adjacent to any city street trees that would deprive the trees of necessary water and /or nutrients. 12.12.150 Parkway rule thirteen - Attaching signs, wires, etc. to Trees No person shall attach or keep attached to any tree within street rights -of -way, parks and public places, or to guard or stake intended for the protection thereof, any wire, rope, sign or any other device whatsoever. 12.12.160 Parkway rule fourteen - Permits No person except Parks Division personnel or a contractor hired by the City may perform any planting, trimming, pruning, removing, spraying, or otherwise treat trees within the public rights -of -way of El Segundo without obtaining permission from the Director of Recreation and Parks or director's designee. 12.12.170 Parkway rule fifteen - Enforcement The Director of Recreation and Parks or director's designee shall have the power to promulgate and enforce the standards and specifications as set forth in the City of El Segundo's Tree Policy. 12.12.180 Parkway rule sixteen - Penalties, Claims and Appeals Violations - Any person who, after notice and hearing, is found to have violated any provision of this ordinance or to have failed to comply with any notice issued pursuant the provisions of this ordinance, shall be subject to a fine in an amount equal to the cost of correcting said violation, but not to exceed $500 for each separate offense. Each day during which any violation of the provisions of this ordinance shall occur or continue shall be a separate offense. If, as a result of the violation of any provision of this ordinance, the injury, mutilation, or death of a tree in the public rights -of -way is caused, the cost of repair or replacement of such tree shall be borne by the party in violation. Appeals - Appeals of the decisions of the Director of Recreation and Parks and interpretations of the Tree Policy may be brought before the Recreation and Parks Commission for consideration, whose decisions regarding interpretations and requirements of the Tree Policy shall be final. 12.12.190 Parkway rule seventeen - Tree Trust Fund All fees, fines, or assessments as defined in this ordinance or the Tree Policy shall be deposited in a Tree Trust Fund and reinvested into the City of E1 Segundo's community forest. This ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. The City clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of E1 Segundo and which is hereby designated for that purpose. PASSED, APPROVED AND ADOPTED THIS 20th A!TE T C City Clerk (SEAL) APPROVED AS TO FORM of NOVEMBER 1990. yor of',the City of E1 S California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 1158 is a full, true correct original of Ordinance No. 1158 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, ADDING TO CHAPTER 12.12 PARKWAY RULES AND REGULATIONS OF THE "EL SEGUNDO MUNICIPAL CODE" RELATING TO CITY TREES AND THEIR CARE. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 20th day of November, 1990, and the same was so passed and adopted by the following vote: AYES: Councilmembers Dannen, Clutter, West, Wise and Mayor Jacobsen NOES: None ABSTENTIONS: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 1158 was duly and regularly published according to law and the order of the City Council of said City of El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following day, to wit: Ronald L. Hart City Clerk of the City of El Segundo, California (SEAL)