Ordinance No. 132ORDINANCE NO. 132
• AN ORDINANCE PRESCRIBING THE MINIMUM =HEAD CLEAR -
ANBB OF ALL TREES, SHRUBS, VINES, EA1M AND SIMILAR
PLANTS OF EVERY DESCRIPTION OVERHANGING AND STREET
OR SIDEWALK IN THE CITY OF BAYTOWN; PRESCRIBING THE
MINIMUM DISTANCE THAT SUCH TREES, SHRUBS, VINES, PALMS,
ETC MAY BE GRO1i7N FROM THE CORNER OF ANY BLOCK IN SAID
CITY BETIMN THE SIDEUALK 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
VINES, PALMS AND ALL SIMILAR PLANTS OF EVERY DESCRIP-
TION PLANTED, GROWN OR CULTIVATED UPON OR ALONG ANY
SIDEWALK OR PUBLIC WAY IN THE CITY OF BAYT(N N, EXCEPT AS
PROVIDED HEREIN, TO BE UNLAWFUL; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OR TWO HUNDRED ($200.00)
DOLLARS; AND PROVIDING FCR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTCWN:
®
Section
1: That is
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, cine, palm,
etc. will overhang or obtrude upon or over any sidewalk unless there be a full
eight (8) 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 is shall hereafter be unlawful for any tree, shrub, vine,
palm or any similar plant of any description or king to be grown, maintained or
cultivated in such a manner so as any portion of such tree, vine shrub, palm, etc.
will overhang or obtrude upon or over any street or highway in the City of Baytown
unless there be a full ten (10) foot clearance between the surface or all portion of
such street or highway oand the overhanging tree, limb, shrub, vine, palm or plant of
any description or kind.
Section 3: That is shall hereafter be unlawful for any tree, shrub, vine,
palm, hedge or similar plant of any description 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 (7 *) feet from any fire plug in the City of Baytown.
Provided, however, that all shade trees now growing between the
sidewalk and the curb on any public street or highway in the City of Baytmvp, less
than seven and one -half (72) feet from any such fire plug, shall not be affectbd 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 Baytown 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-01
avenues intersection and causing such corners.
Provided, however, that any tree or shrub that is now growing within
twenty(20) feet of any corner shall not be affected hereby if such tree or shrub
shall have a clearance of at least ten (10) feet between its lowest limb measured
downward to the street and /or sidewalk that it overhangs.
Section 5: Repealing Clause A41 ordinances or parts of ordinances inconsistent
with the terms of this ordinance are hereby repealed; provided, however, that such
repeal shall be only to the extent of such inconsistency, and in all other respects
® this ordinance shall be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section b: Savings Clause. If any provision, exception, section, subsection,
paragraph, sentence, clause or phrase:of this ordimance or the application of same to
any person or set of circumstances shall for any reason be held unconstitutional, void,
or invalic, such invalidity shall not affect the validity of the remaining provisions
of this ordinance -or their application to other persons or sets of circumstances and
to this end, all provisions of this ordinance or their application to other persons
or sets of circumstances and to::this end, all provisions of this ordinance or their
application to other persons or sets of circumstances are declared to be severable.
® Section 7. Any person, association of persons, or corporation -who shall
hereafter grow, plant, maintain, or cultivate or cause to be grown, planted, main-
tained 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 Baytown in
violation of any of the provisions hereof, shall be dined in any sum, not less than
One ($1.00) Dollar or more than Two Hundred ($200.00) Dollars.
Section 8. Effective Date This ordinance shall take effect from and after
ten (10) days from its passage by the.City Council. The City Clerk is hereby directed
to give notice hereof by causing the caption of this ordinance to be published in the
official pewspaper of the City of Baytown at least twice within ten (10) days after
the passage of this ordinance.
. INTRODUCED, READ AND PASSED by the affirmative vote of a majority of the City
Council of the City'of Baytown on this 13th day of December, A. D., 1 951.
EST: yor, City of Baytaw
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