Ordinance 2839CITY OF ALAMEDA ORDINANCE NO. 2839
New Series
AMENDING THE ALAMEDA MUCIP AL CODE BY
REVISING SECTION 23-3 (TREES AN SHRUBBERY) OF
CHATER XXII (pARS , RECREATION ARAS AN PUBLIC
PROPERTY), THEREOF , GRANTING AUTHORITY TO THE
PUBLIC WORKS DIRCTOR TO SUPERVISE , CONTROL
MANAGE CITY TREES AN SHRUBS
BE IT ORDAID by the City Council of the City of Alameda that:
Section 1 . The Alameda Muncipal Code is hereby amended by revising Section
Subsections 23-, 23-3.2 and 23-3.5 of Section 23-3 (Trees and Shrbbery) of Chapter XXII
(Parks , Recreation Areas and Public Propert) of the Alameda Muncipal Code to read as
follows:
23-3 Trees and Shrbbery
23-1 Placing, Control and Supervision
The Public Works Director is hereby vested with the supervision, control and
management of the trees and shrbs upon the public streets and highways of the City, in
accordance with the City's Master Tree Program. He/she may adopt regulations for the setting
out , care and maintenance of such trees and shrbs. He/she may also cause any such trees or
shrbs to be removed , trimmed , prued or cut whenever in his/her judgement the same may be
necessar for the public good.
Any of the powers granted to the Public Works Director in this section may be
delegated by the Public Works Director to the Public Works Superintendent, to be exercised
under the direction of the Public Works Director.
23-2 Necessity for Permit to Plant , Trim or Cut
No tree or shrb shall be planted or set out upon any public street or place in the
City, and no tree or shrb located upon any public street or place shall be removed, trmmed
prued or cut without wrtten permission the Public Works Director to do so. When such
permission is for the setting out of trees or shrbs it may prescribe the number, kind and distance
apar thereof, and when for the removal , trmming, pruning or cutting thereof may prescribe the
number of trees or shrbs to be affected thereby and the maner and the performance of the
work. Such permission shall be operative only when exercised subject to such regulations as the
Public Works Director may adopt under the previous subsection.
23-5 How the Nuisance May be Abated
Whenever it may appear to the satisfaction of the Public Works Director that
public necessity requires the removal of any tree or shrb coming under the provisions of the
preceding subsection , the Public Works Director shall have authority to remove the same without
delay.
Section 2 If any section, subsection , sentence , clause or phrase of this
ordinance is , for any reason , held to be invalid or unconstitutional , such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The City Council
the City of Alameda hereby declares that it would have passed this ordinance, and each section
subsection , clause , or phrase hereof, irrespective of the fact that anyone or more sections
subsections , sentences , clauses and phrases are declared to be invalid or unconstitutional.
Section 3 This ordinance shall be in full force and effect from and after the
expiration of thirt (30) days from the date of its final passage.
Attest:
City Clerk
, the undersigned , hereby certifY that the foregoing Ordinance was duly and regularly adopted
and passed by the Council of the City of Alameda in special meeting assembled on the 18th day
of July , 2000 , by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Johnson , Kerr and
Mayor Appezzato - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City
this 19th day of July , 2000.
M,Jd
Diane Felsch , City Clerk
City of Alameda