The Detroit times., 1910-12-07

AN ORDINANCE to provide for the
planting. caring. preservation and
regulation of all shade and orna-
mental trees planted or To be plant
ed upon the public highways within
the city OF Detroit
1t is hereby ordained by the People
OF the City OF Detroit:
Section l. The Department or Parks
and Boulevards shall have power and
control over all trees shrubs and
plants planted or TO be planted in the
streets and public highways in the
city or Detroit. and the power TO plant,
prune. spray. cultivate. preserve ana
otherwise maintain such trees within
the confines OF the public highways OF
the City OF Detroit
Sec. 2. No person. Arm or oorpor-
alton shall prune or spray any tree,
shrub or plant upon the public high
ways OF said city, except In front OF
the premises OF the said person. hrm
or corporation without written per
ment OF Parks and Boulevards
Sec, 3 No person. firm or corpor-
alton shall plant any shade or orna-
mental tree upon the streets and high-
ways within said city except the fol-
lowing trees: Elm (uimus americana {;
Norway Maple tacer plantanoidesl
silver Maple tacer dasycarpun) Hard
Maple tacer saecharinuml Plane Tree
,platanus); He'd or Scarlet Maple tacer
rubrum) American White Ash frax
mus alba). Maiden Hair Tree sails
Oak (queycus palustris); Huntington
Elm, tHunringtoni). English Elm
tcampestrisl Sycamore tplatanas oc-
cidentalis): Wiers cut leaved Maple
See. 4 The word tree" as used In
this ordinance shall not be construed
u include shrubs which do not grow
higher than 10 feet. and the words
public highway" shall be construed -
mean all of the land lying between
private property lines on either side OF
all public streets and places.
Section 3 No person, firm or cor
poration owning, maintaining or oper-
ating any gas pipes or mains laid be-
meath the surface OF any street, alley
or public place OF the city OF Detroit
shall permit any leak 10 occur within
said pipes or mains within a radius Of
forty feet from any tree now or here
after CROWNS In any street or pubic
place in said city. and In the event
thar a leak exists or occurs IN any
such pipe or main IL shall be the dutN
Of such person, firm or corporation
owning or operating such defective
pipe or main to repair the same imme-
diately and stop such leak in manner
as 10 prevent recurrence or the same
nd IL such person. firm or corporation
fails within three days after receipt
OF written notice from the Department
OF Parks and Boulevards 10 stop sucn
leak in such manner az 10 prevent
or corporation shall be subject 10 the
penalties hereinafter provided.
Sec. 4. No person. nrm or corpor-
alton shall attach To or in any man
ner fasten to any tree or branch there
OF in the PUBLIC streets or highways,
any wire. rope. chain or cable
Sec. Z Every owner OF any any Tree
within the city OF Detroit shall trim
the branches thereof 40 that they shall
not obstruct the light from any street
49, lF.t4o
there shall be clear height of ten
feet above the surface Of the street,
or sidewalk. said owners shall remove
all dead or decayed or broken limbs
See s. No person. firm or corpor-
alton shall plant within the limits OF
the streets. alleys and highways OK
said city any tree measuring less than
2is inches in diameter one foot above
the ground and the trunk shall be
without branches for distance OF sAe
feet from the ground
Sec @ No uerson, firm or corpor-
alton shall plant in any street or pun
lie highway a tree at Instance OF
less than 20 feet from any other tree,
or at distance OF less than feet
from the established sidewalk line or
said street except upon written per
init first obtained from the Department
of Parks and Boulevards.
Sec. 10 No person, firm or corpor-
alton shall destroy. remove. break, cut.
deface, trim or In any way in1ure or
interfere with any tree tHdt rs now pI
may hereafter he growing In any pub
lie street or highway Except as is pro-
yided in section or TINS ordinance),
without a permit FIRST obtained from
the Department OF Parks and Boule-
wards; provided, however. that nothing
in this section shall be construed 40
as to apply TO the removal. under the
direction of the Department OF Public
| Works, OF any root. tree, shrub or part
thereof when such removal shall be
necessary for the construction or any
ment. after having notified the Depart
ment of Parks and Boulevards
Sec. IL No person shall hitch any
animal TO any tree, plant or shrub
or highway. nor tack. nail, or fasten
any sign. cards. board, poster or any
! other articles TO any such tree, plant
1 or shrub within the City OF Detroit
sec IL No person shall hinder,
prevent or interfere with the agents or
employees OF the Department of Parks
and Boulevards while engaged in car
rying out the provisions OF this or
Sec Is. Every person. firm or cor
poration. whether licensed or other
streets OF the City OF Detroit. shall Ale
written notice with the Department
OF Parks and Boulevards Of the date
OF their intention go to 40, stating the
time, the place from and TO which the
building will be removed, the route
proposed to be taken in such moving.
and shall not in any way or In any
manner damage any trees planted upon
such highways and shall deposit a
sum sufficient TO cover the costs Of in
spection and any damage that may re-
suit therefrom.
Sec IA. The Department or Parks
and Boulevards shall issue no permit
for the planting OF trees where the
clear space between the curbing and
the sidewalk IL less than three feet
or where the soil Ia too poor to insure
the growth OF the tree unless the APP
plicant or owner agrees TO excavate
a suitable hole OF not less than 81 Gu
bic feet and to replace the dirt remov-
ed therefrom with suitably good loan.
Sec 10 Any person. Arm or corpor-
alton violating any OF the provisions
OF this ordinance shall be punished
by fine OF not exceeding fifty dollars
and costs and in the imposition OF any
such fine and costs the court NAV
make a further sentence that the Of
fender may be imprisoned I'm the
county Jail or Detroit house Of correc-
ton until such fine and costs are paid
provided however, that the term OF
imprisonment shall not exceed six
months.
Approved Nov 90, 1910
PHILIP BREITMEYER.
Mayor.
Attest: