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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