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1737 ORD AMENDING ORDINANCE NO 1406 ARTICLE XXII SECTIONS 1 TO 9 INCLUSIVEORDINANCE NO. 1737 0 AN ORDINANCE AMENDING QRDINANCE NO, 1406, ARTICLE XXII, SEC - TIONS 1 TO 9 INC.LUSIVE; DEFINING CERTAIN TEP,MS USED IN THIS ORDI- NANCE: LIMITATION C}F HEIGHTS OF PLANTS NEAR STREET CORNERS; PRO- HIBITION THEREOF IN SIDEWALK AREAS; 03STRUCTION BY PLANTS OR TREES OF FREE USE OF JIDEVPALK; PROHIBITING PLANTS NEAR FIRE P.TUGS; PROHIBITING TREES, PLANTS OR SHRUBS TQ 03SCURE AN'Y STQP OR YIE_LD SIGN; PROVIDING F'O.R M.INIMUIVI CLEARANCE t7F TREES IN SIDEW.ALK AREAS; PtZOVIDING FO'q NOTICE OF 10 DAYS TO O'NNER; G7VING C[TY MANAGER _AU- THORITY TO REMOVE C1R TRIM SUCH PT.,ANTS, SHRUBS OR TREES; PROVID- ING FOR A PENALTY; REPEvALING ALL ORDINANCES IN CONFLICT THERE- WITH; AND PROVIDING FOR AN EFFECTIVE DATE. THAT WHEREAS, it has been called to the attention of the City Council of the City of Paris, Texa§ that either purposely or negligently some citizens have planted and permitted to grow, plants, hedges, bushes, shrubs, vines, trees and other vegetation that have made the use of the street intersections dangerous to vehicle or pedestrian traffic, and have made the use of the sidewalks inconvenient to the users thereof, particularly at wet or dewy times, and, whereas, the laws of Texas impose the duty upon the City of Paris to regulate such behavior and pro- vide for the removal of such hazards; N(7W, THERE?i ORE, BE IT ORD SINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l, That Ordinance No. 1406, Article No. XXII, Sections 1 to 9, be, andthe same are hereby amended as follows, to-wit: a, Definitions: The following words and phrases, as used in this ordinance, shall for the purpose of this ordinance be construedto have the meaning ascribed to them in this section. (1) Curb line. The boundary of that portion of any street, which is improved, designed or ordinarily used for vehicular traffic. (2) P:.•operty line. The boundary line of any street, which line ma.rks the division between the street area and the property abutting upo n s am e. (3) Sidewalk area. Is hereby defined as that portion of land between the curb of the street and one foot inside the sidewalk; however if there be no sidewalk that area ex.tending 7 feet inside the curb in the direction of the abutting property. (4) Street. The entire width of every way or place of whatsoever nature, when any part thereof is open to the use of the public as a matter of right for the purpose of traffic, (5) P'ant. Is hereby defined as any hedge, shrub, vine, palm or other vegetation except trees. (6) Traffic. Is defined as any pedestrians, riders of animals, and drivers orriders of vehicles while using any street for the pur- po se of travel. (7) Vehicle, Is defined as any and every device in, upon or by wliich any person or property is, or may be transported or drawn upon a street, including devices or vehicles, such as bicycles and tricycles moved by human power. Section 2. Plants higher than 3 feet prohibited near street corners. It shall be unlaw.ful for any person, firm or corporation, their agents, servants or employees, to place or cause to be placed, any plant having a height greater than three feet above the level of the center of the nearest abutting street, or in that portion of any corner lot in the City, which portion is included in a triangle on the street corner of the lot formed by a diagonal line intersecting the property lines at points twenty feet from the street corner intersection of the property lines. Section 3. Piacing or maintaining in sidewalk areas so as to prohibit free passage. It shall be unlawful for any person, firm or corporation, their agents, servants or employees, as owner or occupant of any lot in the Cityof Paris, Texas, to place, maintain or permit or cause to be placed or maintained any tree or plant on or in the area between the property line, that is 7 feet inside the curb or 1 foot inside the sidewalk, of any street abutting such property line, in such a way as to obstruct the free passage on and the free use of that area by the public. Section 4. Placing plants or trees near fire hydrants or stop signs or yield signs. It shall be unlawful for any person, firm or corporation, their agents, servants or em7loyees, either as owner or occupant of any city lot or lots in the City, to place, to maintain or perm:.t or cause to be placed or maintained thereon, any tree or plant about or near any fire hydrant, stop sign or yield sign, so as to hide or partially hide either of them from the passing traffic. Section 5. It shall be unlawful for the owner or occupant of any property in the C.ity of Paris, Texas, their agents, servants or employees, to maintain or permi.t limbs of trees growing thereon to overhang or grow about thearea between his property line and the curb line of any abutting street (defined above as the sidewalk area) unless such limbs and all branches and foliage thereon are kept trimmed and pruned to a minimum clearance of ~ feet above the street level at the nearest curb line. Section 6, Correction of violation of Section 2 to 5 inclusive of this ordinance. It shall be the duty of the Chief of Police to cause a written notice to be served upon the owner or occupant of any property upon which any violation of Sections 2 to 5____ inclusive of this ordinance exists to correct such condition as constitutes a viola- tion of Sections 2 to 5 inclusive within ten days after the service of such notice, and if such condition is not corrected or remedied or caused to be corrected or remE:died by such person by the end of the 10 days notice, the City M-anager is hereby authorized and directed to cause the tree or plant or any part thereof con- stituting such violation to be so trimmed or pruned or removed, so as to eliminate the prohibited condition. Any person, firm or corporation, their agents, servants or employees, who fails or refuses to comply with the notice provided for above, and fails or refuses to abate the condition shown therein within 10 days after receipt of said notice, shall be guilty of a misdemeanor and upon conviction thereof sha.ll be fined not to exceed Two Hundred ($200. 00) Dollars. That each day said condition ex.ists shall constitute a separate affense. Section 7. Authority of City Manager to trimp remflve, etc. The City Manager is hereby authorized to remove or cause to be removed, any trees, limbs or plants found between the opposite curb lines in any street in the City andto trim branches, limbs or foliage of any tree or plant which overhangs or grows above the area which lies between the opposite curb lines of any street, so as to provide a minimum clearance of eight feet above the street level at the curb line and so as to be graduated toward the center of the street to a clearance of 12 feet above the street level at the center of the street. Section 8. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. 1965. Section 9, This ordinance shall become effective on August 2nd, A.D., Passed and adopted this 12th day of ~ul A. D. , 1965. / / G Mayo r ATTEST: . City Clerk APPRJYED A TO FORM: City Attorney.