HomeMy WebLinkAboutORD 545JJ
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of five (5) members who sha1l be appointed by the Mayor and
confirmed by the City Council„ and who shell hold office for
term of four (4) years, excepting that one (1) of the members
shall be appointed from among the Council of the City of Cald-
well-j, whose term of office on this _ Board shall .be col Xter ed:ve f =,
with his term of office as City Councilman„ At the time the
first members are appointed the mayor shall designate two (2)
citizens at large from the City of Caldwell who shall hold
office until the first 'Monday of May, 1939$ or until their,
successors are appointed, by the Mayor end approved by the
Council, and two (2) citizens, at large from the City of Cald-
well who shall hold: office until the first 'Monday of kay, 194-1
or until their successors are appointed by the Mayor and ap-
proved by the Council. That, thereafter, all citizens appointed
at large shall hold their office for a term of four (4) years.
All vacancies in the Board, by reason of removal., resignation
or death shall be replaced by the Mayor of the City of Cald-
well and all such vacancies shall be filled by appointment in
the same manner of appointment as originally made for the un-
expirin `term of the person whose term had ended, either by
reason. of removal ; resignation or by death.
That the said Commission shall meet on the first Tues-
day of June of each year and appoint one of its number as Chair-
man and one of its number as Vice- Chai.rmzan who may assume the
duties of Chairman in the absence of the Chair- an ,of t2 Board
and shall also choose from among its number one (1) person who
shall act as Secretary of the Board., who shall constitute the
officers of the Board and shall retain their office for a term
of one (1) year or until their successors have been elected
and qualified.
SECTION II* That the Mayor, with the approval of
the o in il. shall appoint a general Park Sup orintendant
shall have the general supervision and control over all of the
parks and parkings, including maintenance and repair of side-
walks along the streets,' alleys and vacant lots belonging to
the City of Caldwell between the curb line and the property
lire along such streets alleys and vacant lots and blocks belong-
ing to parks and parking systens'of the City of Caldwell.
That the said Park Superintendant shall be under the
supervision and direction of the Park Commission, as herein in
this Ordinance provided for.
SECTION 'III.' That the said Park Commission shall,
have the general supervision of the planting of trees,, shrubbery
and flowers in the parks and playgrounds and along the parking
systens along the streets and alleys of the City of Caldwell,
and shall have the general supervision of planting, pruning,
cutting and removing trees, shrubbery and flowers from the said
public parks, playgrounds, and the parking'systens along the
streets and alleys of the City of 'Caldwell and said Park Com-
mission shall make and publish with approval of the Mayor and
Council such rules and regulations as shall be fit and
That no ,person shall plant any trees, shrubbery or flowers, or
prune, out or remove,, spray or doctor any trees, shrubbery or
flouters from 'any of the public parks and playgrounds or the
parking systems along the streets and alleys of the City of
Caldwell, not in conformity with the general rules theretofore
established by the Park Commission and approved by the Mayor
and; Council without first making an application to the Cald-
well, Park Commission of the City'o'f Caldwell and securing a''"
special, permit therefore.
SECTION IV. That all trees planted in the park
ings along the streets and alleys of the City of Caldvrell,,
shall be planted in the middle of the parkings between the
sidewalk and the curb and the distance between said trees shall
be not less than thirty (30) feet.
That no trees or shrubbery shall be planted within
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twenty `(20) feet distance of any fire hydrant, and all trees,
flowers and shrubbery shall be printed at least twenty (20)
feet from the intersections of any street and no trees flowers
or shrubbery shall be planted between the sidewalks where the
streets meet or intersect, and all trees shall be kept trimmed
so that they will be eight (S) feet between the sidewalk mid
the lowest limbs extending over the sidewalk, and there s #all
be fourteen (1:4) Beet from the street grade to the lowest limb
extending over the street*
SECTION V. That all trees,; shrubbery or flowers
growing close to the sid6walk'so that the same shall raise or
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cause a disconnection in the sidewalk, shall be removed or the
roots trimmed by the- propert7 owner so as to permit the side-
walk to be replaced and maintained so as to remain in its proper
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position and grade. That in case of the failure or neglect
of the property oWner within. ten (10) days after written
notice has been given by the'Superintendant of Parke to re-
move all such trees, shrubbery or flowers, or to trigs or re-•
move the roots, and to place such sidewalk in its proper posi:w
tion, the Superintendant of Parks may remove the `same anal re
place the sidewalk at its proper position and grade and the
expense thereof shall be taxed against the property in the
same manner sand procedure as in the case of the construction
of the sidewalk in the first instance, as is provided by the
Ordinances of the City of Caldwell, excepting that the sane
shall be under the general supervision of the Park Commission
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of the City of Caldwell and the Superintendant of Parks of the
City of Caldwell in that respect shall -have the same power
and autho.ri.ty` that the Street Commissioner had over floe side-
walks in the construction of the same in the first instance.,
as provided by Ord.iAance X6# 1480 of the City of Caldwolls
and for the purpose of repairings maintaining and the reeon -
structioning of sidewalks, excepting that they shall have no
jurisdiction within the boundaries of the fire limits of the
City of Caldwell* The words "Street Commissioner" in said
ordinance shall be contrued to include the words `"superintend -
ant of Parks" whe #eve.r necessary to carry into effect t). -e pur-
pose and provisions o f- this ordinance.
SECTION VI. That all ' de "ad trees, shrubbery 6A6
flowers in parkings of the City of Caldwell are hereby de«
el.ared to be dangerous to the passing public and a nuisance
to the public and shall.be removed by the owner of the property,
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or in case of his fai-lure to so after a ten. (lC) day written
notice has been given by the Superiiiten.dant of Parks, the Super
intendant of Parks .shall remove the same and charge the expense
thereof,to the owner of the propertly along whose property the
same shall have been removed in the same manner as special
assessments for the construction of sidewalks are . assessed
against the property. Any person:or persons removing live or
dead trees or shrubbery from ;the City parks or parking systems
along the streets and alleys of the City of Caldwell,. ,shall dig
the same out so that there shall be na- stumps left and all main
root systems °shall be severed and the surface of the ground
shall be left smoothy
SECTION VII. That it shall be unlawful for any
owner, lessee or occupant or person to plant, remove, trlmj,
out or in any way prune or damage any trees in.the parks and
parkings of the City of Caldwell without first obtaining a
permit from the Superintendant of Parks•
SECTION VIII* in case any person shall fail,
neglect or refuse to trim trees along his property along the
parkings, after notice to do so by the Superintend,ant of Parks
or his agents has been given, then, the Superintendant of Parks
may prune, trim, out and remove any of such trees as may be
proper, subject nevertheless t ®, such rules and regulations as
may be prescribed by the Park Comm ission of the City of Cald—
well, and approved by the Mayor and Council of the City of
Caldwell..
SECTION 1.X6' That the following species of trees
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shall not be hereafter planted in the parrs of the City of Cald-
viel.l, and in the parkings along the streets and alleys of said
City of Caldwell, and the same are hereby prohibited to -wit:
Lombardy Poplars, CarolinaPoplars, Silver Poplars,
Sofa Naples, Block Locusts ` all Elms, Box lders,.,
and so- called Umbrella'trees Dwarf Locusts``arad
Dwarf Catalpas, all species of 1 , 4 1illows excepting
the Weeping Willows.
SECTION X. Any person desiring to secure a permit
or special permit,; not in conformity with the general rules,
under this ordinance, shall file an application in writing with
the Secretary of Park Comission with a general: statement of
facts upon urich his application for special permit is based:,
and in case the application conforms substantially to the ordin-
ances of the City of Caldwell and the rules and regulations of
the. Park Commission, it shall be so endorsed and handed to the
general Park Superintendant for his approval. In case a person
filing the application desires a special permit the applicant
shall pay to the Secretary of the Park. Commission a filing fee
In the sum of ten dollars (�A0.00) . The s eeret a.ry of the said
Park Commicsion shall then publish a notice of the time and
place of ihearing of the said application in the official news -
paper of the City of Caldwell at least ten (l0) days before such
g g P pp shall be public m4 hearin the hearing upon such application
any person interested may ap pear'in favor of or against the some
and upon 'the hearing, tl�e 'ark Connis s ion, shall within ten (10 )
days thereafter, f J e its fin n i in Writin,
and sake a aver
approving, modifying; er denying such application.
SECTION 'XI. Any person or persons dissatisfied: with
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the findings and order of said Park Commission may appeal to
the 14.1ayor and Council of the city of Caldwell by serving a
notice upon the Secretary of the said Park Commission stating
that he appeals from the findings and the order of the said
Park ConLtission to the Mayor and Council, and filing said notice
of appeal with the Secretary of the Parr Co=ission. That upon
serving and filing said notice the secretary of the Park Cori-
mission shall.transmit said notice and all papers in connection
with the said application to and file the same with the City
Clare. A public hearing ,on said petition nay be had anew be-
fore the Mayor and Council at any regular or special meeting
called for the purpose. The finding and decision of the Mayor
and Council in respect to the said' application, either denying,
modifying or approving the sage, shall be final.
SECTION XII. Any Fees paid to the Secretary of the
Park Co=Ussion may be used. for the publication of - notices here-
in provided for and for the purchase of supplies n.ecessa,ry . for
carryin out the purposes of the Park Colanisa -:Lon and any moneys
remaining in the hands of the Park Conmission on the last day
of April of each year shall be paid to the Clerk of the city
of Caldwell, and shall be deposit6d with the general hinds of
the City of Caldwell,
SECTION X111. All applications under this ordin-
ance shall be in a general form prescribed by the Park
SECTION XIV, The Park Commission shall, on or before
the first Tuesday of_ June 'of each year; submit in writing to the
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Mayor and Council' a. detailed statement of their proposed work
and activities for the current fiscal year, together with the
estimated cost and its .sources of income, The Mayor and Council
may a.pprbue or modify the same, either in the proposed work or
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the cost thereof, until. 'a definite plane of work and sum of mon6
to be expended by the said Park Commission shall have been a.rxived
at and approved by the Mayor and Council, and such final sum
shall be included in the annual budget of the city of Caldwell
for the current fiscal year, provided that upon the passage of
this ordinw the , Parr Conai:ssion shall present to the 11ayor
and Council, for their approval, modification or rejection, a
workable plain on the proposed: work and activities of the Com
mission for the present current fiscal year.
SECTION XV. Any person violating the terms of this
ordinance shall be deemed guilty of a`msdemeanor and punished
by a fine not to exceed one hundred and no /100 dollars Q100.00),
SECTION XVI. Nothing in this ordinance shall be
construed in any way authorizing the Park Commission herein
to regulate the narking of cars, trucks, bicycles or other
vehicles of locaik6tion vilthin the city of Caldwell, or interfor
quay
in any/with the administration of the Golf Course, or in the
respect mere this ordinance or where the Golf Course Ordin-
ance conflicts the latter shall have precedence excepting; that
this`Ordinance shall have pre6edbfic�e with refsre efto the•..
varities of trees, shrubbery acid flowers planted in the Golf
Pant. ! cepting also, that , this ordinance shall In no wag
interfer with the adxrinistration of the swirnr ing pool or cemetery,