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HomeMy WebLinkAboutordinance.council.002-54ORDINANCE NO. 2 Series of 1954 AN ORDINANCE REGULATING THE CUTTING OF TREES UPON CITY PROPERTY WITHIN THE CITY OF ASPEN, COLORADO, PROVIDING FOR THE REPLANTING OF TREES WITHIN THE CITY AND PROVIDING FOR THE ENFORCEMENT AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That for the preservation of the trees upon City property within the City of Aspen, and in the best interests of the general welfare of the people in Aspen, this ordinance is hereby enacled; Section 2. That any person, firm, partnership or corporation desiring to cut and remove trees from City property, including the streets and roadways within the City of Aspen, shall firsl make application to lhe City for a permit, which application shall be in writing, be accompanied by payment in full of the charges herein provided for, and shall contain the follow- ing information: (a) the exact number of trees to be removed and the location of each with reference to street designations; (b) a statement that the applicant will cut and remove the trees at his own cost and expense within 30 days of the date of the per- mit; (c) a statement that the applicant will restore the City property to the satisfaction of the City and will replant such trees as the City may require and where the City may specify; (d) thai the applicant will idemnify the City against any damage to the City property or to the adjacent property owners sustained in cutting and removing of the trees; Section 3. Thai from the effective date hereof it shall be unlawful for any person, firm, partnership or corporation, whether a property owner or not, to cut and ~'emove tr,ees situate upon Cily property, including the streets and roadways of the city of Aspen, without the permit from the City Council of the City, signed by the City Clerk thereof or an employee of the City or member of the City Council appointed for that purpose; Section 4. That no permit shall be issued for the cutting and remov- ing of trees upon city property until a charge of $5.00 per tree has been paid in advance; Section 5. That the city shall make such requirements as it deems advisable before granting said permit and said permit is conditioned upon the applicant' s performing in full the conditions set out by the city in said permit, and in the event that the city requires the replanting of trees as one of the requirements in said permit the applicant and permittee shall do such work in a good and husbandlike manner consistent with good tree planting technique s; Section 6. That any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10.00 nor more than $50.00 for each offense; Section ?. That upon completion of the removing of the trees for which the application was made, and upon full compliance with the terms and conditions of the permit and this ordinance, the city may refund to the applicant the charges paid by the applicant less any expenses incurred by the city in connection with the permit. Section 8. That all ordinances and parts of ordinances in conflict herewith are hereby expressly repealed; Section 9. That the City Council hereby finds and determines that this ordinance is necessary for the immediate preservation of the public peace, health and safety; Section 10. That if any section or a part or a portion of this ordinance is held by a court of competent jurisdiction to be invalid or unconstitutional the remainder of the ordinance and the application of its provisions shall not be effected thereby. -2- Introduced, read and ordered published at a regular meeting of the City Coclncil of the City of Aspen, Colorado, held on the /~day of A.D. 1954. AT T: // __- _ Mayor Finnaly passed, adopted and approved on this /~"~ day of A.D. 1954. (SEALI ATTEST: · City Clerk APPROVED: ~ ~L~' Mayor STATE OF COLORADO COUNTY OF PITKIN I, Ethel M. Frost, as City Clerk of the City of Aspen, Colorado, do hereby certify that the above and foregoing Ordinance was introduced, read in full and pas. sed first reading at the regular meeting of the City Council held gl.O'el[ ./~}~ , 1954, and published in The Aspen Times, a weekly newsp~fper of general circulation published at the City of Aspen, Colorado, in its issue of , and was finally adopted and approved on the /7~day of ~ , 1954 and was ordered published as Ordinance No. ~. , (Series of 195~ of said City, as provided by law. IN WITNESS WHEREOF, I h~e ,~,~reunto set my hand and the seal of the City of Aspen, Colorado, thi~7__~day of /~ , A.D. 1954. t~ CifyCIerk~ '