The City Record

Ord. No. 47428.

An ordinance to accept the dedication of E. 123rd st., from a point 120 feet south of Dove ave. S. E. to the south line of the right of way of The Cleveland, Alliance & Mahoning Valley R. R. Co.-also the portion of E. 123rd st., from the north line of the right of way of The Cleveland, Alliance & Mahoning Valley R. R. Co. to Corlett ave. S. E.

Section 1. Be it ordained by the council of the city of Cleveland, That the dedication state of Ohio: of E. 123rd st., from a point 120 feet south of Dove ave. S. E. to the south of The line of the right of way Cleveland, Alliance & Mahoning Valley R. R. Company, and also the portion of E. 123rd st., from the north line of the right of way of The Cleveland, Alliance & Mahoning Valley R. R. Company to Corlett ave. S. E., be and the same is hereby accepted.

Sec. 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed July 1, 1918.

HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Clerk of Council. Approved by the mayor July 2,

1918.

Effective August 11, 1918.

Ord. No. 47430.

An ordinance to accept the dedication of E. 127th st., from a point 120 feet south of Dove ave. S. E. to the south line of the right of way of The Cleveland, Alliance & Mahoning Valley R. R. Co.-also the portion of E. 127th st., from the north line of the right of way of The Cleveland, Alliance & Mahoning Valley R. R. Co. to Corlett ave. S. E.

Section 1. Be it ordained by the council of the city of Cleveland, state of Ohio: That the dedication

The City Record

of E. 127th st., from a point 120 feet
south of Dove ave. S. E. to the south
way of The
line of the right of
Cleveland, Alliance & Mahoning Val-
ley R. R. Co.-also the portion of E.
127th st., from the north line of the
right of way of The Cleveland, Alli-
ance & Mahoning Valley R. R. Co.
to Corlett ave. S. E., be and the same
is hereby accepted.

Sec. 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed July 1, 1918.

HARRY C. GAHN, President of the Council.

C. J. BENKOSKI,

Clerk of Council.

Approved by the mayor July 2,

1918.

Effective August 11, 1918.

Ord. No. 47431.

An ordinance to accept the dedi-
cation of E. 130th st., from Aulcash
ave. S. E. to Corlett ave. S. E.
Section 1. Be it ordained by the
of the city of Cleveland,
council
That the dedication
state of Ohio:

of E. 130th st., from Aulcash ave. S.
E. to Corlett ave. S. E., be and the
same is hereby accepted.
That this ordinance shall
Sec. 2.
in force from
take effect and be
and after the earliest period allowed
by law.

Passed July 1, 1918.

HARRY C. GAHN, President of the Council.

C. J. BENKOSKI,

Clerk of Council.
Approved by the mayor July 2,

1918.

Effective August 11, 1918.

Ord. No. 47432.

An ordinance to accept the dedication of Aulcash ave. S. E., from E. 130th st. to E. 131st st. Section 1. Be it ordained by the of Cleveland, council of the city That the dedication state of Ohio:

of Aulcash ave. S. E., from E. 130th st. to E. 131st st., be and the same is hereby accepted.

Sec. 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed July 1, 1918.

HARRY C. GAHN, President of the Council.

C. J. BENKOSKI,

Clerk of Council.
Approved by the mayor July 2,

1918.

Effective August 11, 1918.

Ord. No. 47433.

An ordinance to accept the dedication of Dove ave. S. E., from a point 130 feet W. of E. 123rd st. to E. 131st st.

Section 1. council of the state of Ohio: of Dove ave. S. feet west of E. st., be and the cepted. Sec. 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Be it ordained by the

city of Cleveland, That the dedication E., from a point 130 123rd st. to E. 131st same is hereby ac

Passed July 1, 1918.

HARRY C. GAHN, President of the Council.

C. J. BENKOSKI,

Clerk of Council.
Approved by the mayor July 2,

1918.

Effective August 11, 1918.

An ordinance to accept the dedication of E. 75th st., from Aetna rd. S. E. to Klonowski ave. S. E.

Section 1. Be it ordained by the council of the city of Cleveland, state of Ohio: That the dedication of E. 75th st., from Aetna rd. S. E. to Klonowski ave. S. E., be and the same is hereby accepted.

Sec. 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed July 1, 1918.

HARRY C. GAHN, President of the Council.

Emergency ordinance to appropriate an easement and perpetual right of way through, under and across certain property for the construction, operation and maintenance of a to relieve the storm water sewer

sewer in Lakeview rd. N. E.
Whereas, an emergency exists, in
that it is necessary for the imme-
of the public
diate preservation
health and safety, and for the daily
operation of a municipal depart-
per-
easement and
ment, that an
petual right of way through, under
and across the following described
property be acquired for the con-
mainten-
struction, operation and
ance of a storm water sewer to re-
in Lakeview rd.
lieve the sewer

N. E.; now, therefore

Be it ordained by the council of the city of Cleveland, state of Ohio (two-thirds of all members elected thereto concurring):

Section 1. That an easement and perpetual right of way be appropriated through, under and across the following described property, for the construction, operation and maintenance of a storm water sewer to be located therein:

Situated in the city of Cleveland, county of Cuyahoga and state of Ohio, and being a strip of land sixteen (16) feet wide, eight (8) feet on either side of the hereinafter described line across that part of original one hundred acre lot No. 379, conveyed to Olive M. McIntosh, in a deed dated September 28th, 1899. and recorded in volume 733, page 190 and of Cuyahoga county records A" in Knight, "Block known as Richardson & Moore's subdivision, recorded in volume 24, page 5 of maps of Cuyahoga county records.

The said easement and perpetual right of way shall be located along a straight line at right angles to the center line of Lakeview rd. N. E. and extending westerly from a point on the west line of Lakeview rd. N. and E. hundred seventy-five (175) feet northerly, measured along the line of Lakeview rd. N. E. from the southeasterly point of the above described property of Olive M. Mc

one

Intosh, a distance of two hundred
(200) feet; thence deflecting to the
north along a curve of a radius of
twenty (20) feet, a distance of ap-
proximately forty (40) feet to the
so-called Dugway Brook sewer, as
on plan at-
part
approximately shown
and made
tached hereto,
hereof as "Exhibit A."
That the director of law
Sec. 2.
be and he is hereby authorized and
directed to apply to a court of com-
petent jurisdiction to have a jury
empaneled to make inquiry into and
assess the compensation to be paid
for such easement.

That this ordinance is
Sec. 3.
hereby declared to be an emergency
measure and shall take effect and be
in force from and after its passage
and approval by the mayor.

Passed July 1, 1918.

HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Clerk of Council.
Approved by the mayor July 2,

1918.

File No. 47410.

Mr. Sulzmann.

Whereas, the public mind is in a state of excitement because of the unreasonable demands of landlords;

and

Whereas, it tends to provoke hot blood and to endanger the public peace; therefore,

Be it resolved by the council of the city of Cleveland, state of Ohio: That steps be taken by this body looking toward enactment of a law law that will forbid rent profiteering, and that the director of hereby directed and instructed to draw up an ordinance creating a board to hear controversies between landlord and tenant, as to what was reasonable rent with the right of appeal to the city court and a jury trial.

Adopted July 1, 1918.

HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Clerk of Council.

Approved by the mayor July 2,

1918.

File No. 47417.

By Mr. Stannard.
Emergency

resolution

declaring

the necessity to appropriate prop-
erty for park and boulevard pur-
poses.
or about March 6,
Whereas,
1895, the city of Cleveland entered
to Jesse
into possession of certain property
belonging
theretofore
Nichols, under and by virtue of con-
demnation proceedings instituted in
of Cuyahoga
court
the probate
county, on or about August 17, 1894,
pursuant to action of the board of
park commissioners, created, organ-
ized and acting under a statute of
the state of Ohio enacted April 5,
1833; and

Whereas, protracted litigation has
followed the matter of such acquisi-
tion of said property, resulting in a
decision by the United States circuit
court of appeals, on the 8th day of
null
be
January, 1918, declaring said con-
demnation proceedings to
and void, and decreeing the title to
said premises to be in Viola M.
Nichols, as grantee from said Jesse
Nichols; and

Whereas, the said property has,
since 1895, been improved by the
city of Cleveland and made a part
of its public park and boulevard
now being used as
system, and is
such; and
Whereas, this resolution consti-
tutes an emergency in that it pro-
vides for the immediate preservation
of public property, and also pro-
vides for the usual daily operation
of a municipal department of the

The City Record

city of Cleveland; now, therefore,
Be it resolved by the council of
the city of Cleveland, state of Ohio:
That
It hereby declares its
Section 1.
intention to appropriate for public
parks and boulevard purposes, the
fee simple interest in the following
described real estate, to-wit:
Situated in the city of Cleveland,
county of Cuyahoga and state of
more particularly de-
and
Ohio,
scribed as follows:

Commencing at the northeast cor-
ner of original lot No. 393, which
corner lies at the intersection of the
center lines of Wade Park ave, and
E. 105th st.; thence in a southerly
direction along the center line of E.
105th st. and the east line of said
lot No. 393, and which bears south
0° 31′ 50′′ east, a distance of 424.10
feet to a point; thence south 89° 38'
40" west along the northerly lines
of parcels A and D of Jesse Nichols
Sr.'s sub-division as recorded in vol-
ume 33, page 6 of Cuyahoga county
records, a distance of 444.66 feet to
a point which is the place of begin-
ning and which bears south 89° 38'
40" west, 25.03 feet from a stone;
thence along the arc of a circle de-
flecting to the left 125.79 feet to its
intersection with the southerly line
of parcel D in said Jesse Nichols
Sr.'s sub-division, said are having a
radius of 1097 feet, a chord which
bears south 1° 33' 39" west 125.72
feet; thence south 86° 25′ 40′′ west
along the southerly line of parcel D,
42 feet to the southwest corner of
said parcel D; thence south 9° 14'
50" east along the west line of parcel
E in said Jesse Nichol Sr.'s sub-di-
vision 126.50 feet to a point which
is the northwest corner of parcel F
west
in said sub-division; thence south
east along the
50"
39'
24"
line of said parcel F, 118.33 feet
the southwest
to a point at
thence
F:
parcel
of
west along

cor-
south
the
formerly
land
of
Nichols Sr., a dis-
feet to a stone;

tance of 547.68
thence north 0° 21' 40" east along

the westerly

line

Nichols Sr.'s land

of the Jesse 87.03 feet to a

. stone; thence north 0° 2' 50" east
along the westerly line of the Jesse
Nichols Sr.'s land 273.78 feet to a
stone; thence north 89° 28' 10" east
along the northerly line of the Jesse
Nichols Sr.'s land 284.28 feet to a
stone; thence continuing along the
northerly line of Jesse Nichols Sr.'s
land 238.44 feet to the place of be-
ginning.

Also in connection with the fore-
going appropriation for park and
boulevard purposes, it hereby de-
clares its intention to appropriate
rights,
easement,
following
the
privileges and restrictions, to-wit,
the right to use, for the purpose of
constructing, laying and maintain-
ing therein sewers, drains, conduits,
water pipes and gas pipes, which
may be at any time constructed or
laid by the city of Cleveland in or
under a strip of land 25 feet in
de-
width off from the westerly side
of the premises hereinafter
scribed, with the further right to
impose the following restrictions
upon the premises next hereinafter
described, to the effect that no build.
ing or structure of any kind shall
be erected or placed upon said lands
and
within 25 feet of the lands herein
for park
no
first appropriated
that
and
boulevard purposes,
thereon
building or structure now or here-
or placed
erected
after
within 100 feet of the land so ap-
propriated for park and boulevard
purposes shall be used for a stable,
saloon or any mechanical, mercan-
purposes;
tile or manufacturing
provided, always, that, subject to
the restrictions, rights and reserva-

598

Situated in the city of Cleveland, county of Cuyahoga and state of Ohio, and more particularly described as follows:

Commencing at the northeast corner of original lot No. 393, which corner lies at the intersection of the center lines of Wade Park ave, and E. 105th st.; thence in a southerly direction along the center line of E. 105th st. and the east line of said lot No. 393 and which bears south 0° 31′ 50′′ east, a distance of 424.10 feet to a point; thence south 89° 38' 40" west along the northerly lines of parcels A and D of Jesse Nichols as recorded in Sr.'s sub-division 6 of Cuyahoga 33, page volume county records, a distance of 419.63 feet to a stone which is the place of beginning; thence along the arc of a circle deflecting to the left 12.03 feet, said are having a radius of 1072 feet and a chord which bears S, 4° 02′ 56" west 12.03 feet; thence north 89° 38′ 40′′ east along a line parallel with and 12 feet measured at right angles from the northerly line of parcel D in said Jesse Nichols Sr.'s sub-division, 200.65 feet to the easterly line of said parcel D; thence south 0° 31′ 05′′ east along the easterly line of said parcel D, 108.55 feet to the southeasterly corner thereof; thence south 89° 35' 10" west along the southerly line of said parcel D 134.73 feet to an angle; thence south 86° 25′ 40′′ west along the southerly line of said parcel D 95 feet; thence along the arc of a circle deflecting to the right 125.79 feet, said having a radius of 1097 feet and a chord which bears north 1° 33′ 39′′ east 125.72 feet; thence north 89° 38' 40" easterly along the northerly line of said parcel D, 25.03 feet to the place of beginning.

arc

Also in connection with the foregoing appropriation for park and boulevard purposes, it hereby declares its intention to appropriate the right to impose the following restrictions upon the premises next hereinafter described, to the effect that no building or structure now or hereafter erected or placed thereon within 100 feet of the land so appropriated for park and boulevard first above described, purposes shall be used for a stable, saloon or for any mechanical, mercantile or provided, purpose; manufacturing always, that, subject to the restrictions, rights and reservations herein appropriated, the owner of said parcel of land next hereinafter described, shall have the right of access by way of ingress and egress to and from the boulevard now located on the premises first above described, subject to such reasonable conditions and regulations as may be provided by the proper authoreasement ities of the city of Cleveland. The premises to which said and restrictions appertain are described as follows:

Situated in the city of Cleveland, state of county of Cuyahoga and particularly demore Ohio, and scribed as follows:

Commencing at the northeast corner of original lot No. 393, which corner lies at the intersection of the center lines of Wade Park ave. and E. 105th st.; thence in a southerly direction along the center line of E. 105th st. and the east line of said

lot No. 393 and which bears south 0° 31′ 50 east, a distance of 424.10 feet to a "oint; thence south 89° 38′ 40" west along the northerly lines of parcels A and D of Jesse Nichols Sr.'s sub-division as recorded in volume 33, page 6 of Cuyahoga county records, a distance of 419.63 feet to a stone which is the place of beginning; thence along the arc of a circle deflecting to the left 12.03 feet said arc having a radius of 1072 feet and a chord which bears south 4° 02′ 56′′ west 12.03 feet; thence north 89° 38' 40" east along a line parallel with and 12 feet measured at right angles from the northerly line of parcel D in said Jesse Nichols Sr.'s sub-division 200.65 feet to the easterly line of said parcel D; thence north 0° 31'05" west along the easterly line of said parced D 12 feet to the northeasterly corner of said parcel D; thence south 89° 39' 40" west along the northerly line of parcel D 199.88 feet to the place of beginning.

Sec. 2. That immediately upon the passage of this resolution the mayor shall cause written notice to be given, as required by law.

Sec. 3. This resolution is hereby declared to be an emergency measure, in that it provides for the immediate preservation of public property and the usual daily operation of a municipal department, and shall take effect and be in force from and after its passage and approval by the mayor.

Adopted July 1, 1918.

HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Clerk of Council.

Approved by the mayor July 2,

1918.

File No. 47517. Mr. Soika.

Resolved, that the sidewalks on the following streets and between the points named, be laid, with the material and to the width hereinafter mentioned, as recommended by the committee on sidewalks:

Mr. Soika-(File No. 47167)-That the sidewalks on Honeydale ave. S. E., between E. 116th st. and E. 120th st.. be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick.

Mr. Soika-(File No. 47215)-That the sidewalks on E. 140th st., north, between Kinsman rd, and city limits, be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick.

Mr. Rolf-(File No. 47317)--That the sidewalks on E. 160th st., between Waterloo rd. N. E. and north end of street, be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick.

Mr. Braschwitz-(File No. 47318) -That the sidewalks on West blvd. S. W., between Lorain ave. and Loretta ave. S. W., be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 22 inches thick.

Mr. Townes (File No. 47319)That the sidewalks on Riverside ave. at northeast corner Fulton rd., be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick.

Mr. Soika-(File No. 47320)-That the sidewalks on Rexford ave. (north side), between E. 118th st.

and E. 120th st., be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick.

Mr. Soika (File No. 47369)-That the sidewalks on Parkview ave. S. E., between East blvd. S. E. and E. 111th st., be laid, relaid and repaired with stone or cement to the full, width of four feet to the established grade, said stone in no place to be less than 21⁄2 inches thick.

Mr. Soika (File No. 47370)-That the sidewalks on various streets be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick:

On Parkview ave. (north side), from E. 123rd st. to a point 300 feet west.

On E. 84th st., between Linwood ave. and Hough ave.

Mr. Dittrick-(File No. 47371)That the sidewalks on W. 116th st., between Detroit ave. N. W. and Clifton blvd. N. W., be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick

Mr. Braschwitz-(File No. 47372) -That the sidewalks on Almira ave. S. W. (north side), between W. 88th st. and W. 94th st., be laid, relaid and repaired with stone or cement to the full width of five feet to the established grade, said stone in no place to be less than 21⁄2 inches thick.

Mr. Soika (File No. 47373)-That the sidewalks on Franklin ave. (north side) lot No. 60, being 30 feet east of house No. 2326, be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 22 inches thick.

Mr. Dembowski-(File No. 47415) -That the sidewalks on Bessemer ave. (south side), between E. 65th st. easterly and Standard Car Wheel Co., be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade. said stone in no place to be less than 21⁄2 inches thick.

Mr. Soika-(File No. 47416)-That the sidewalks on various streets and places be laid, relaid and repaired with stone or cement to the full with of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick:

On Scranton rd. (east side), between Fairfield ave. and house No. 2297.

On W. 49th st. (west side), at house No. 3490.

Mr. Soika-(File No. 47482)-That the sidewalks on Governor ave. (south side), next lot west of house No. 11217. be laid, relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 21⁄2 inches thick.

Mr. Soika-(File No. 47483)-That the sidewalks on E. 65th st. (east side), at house No. 2651, be laid. relaid and repaired with stone or cement to the full width of present walk to the established grade, said stone in no place to be less than 211⁄2 inches thick.

Under what franchise or franchises, if any, said company is operating or doing business in the city of Cleveland.

Said investigation to be made in so far as practicable in conjunction with the director of law and the director of public service. Adopted July 1, 1918.

HARRY C. GAHN.
President of the Council.

C. J. BENKOSKI.

Clerk of Council.

the director

public service be and he is hereby

Mr. Thompson.

Resolved, that

requested to have the

make a profile of the

city enginer grade to be

established of E. 143rd st.. between

Miles ave. and Harvard ave.

Adopted July 1, 1918.

HARRY C. GAHN,
President of the Council.

C. J. BENKOSKI,

Kill or remove tree or plant Sec. 3. It shall be unlawful for any person, firm or corporation to kill or remove, or cause, authorize or procure the death or removal of, any tree planted or growing in any public highway within the said city of Cleveland. Any person, firm or corporation desiring for any lawful purpose to take down or remove any tree in any public highway of said city of Cleveland may apply to the director of parks and public property and if in the judgment of the desired taking said director, the director of

Clerk of Council. Approved by the mayor July 2,

1918.

File No. 47526. Mr. Thompson. Resolved, public service be and he is hereby requested to have the city engineer make a profile of the grade to be established of E. 142nd st., between Miles ave. and Harvard ave.

Adopted July 1, 1918.

HARRY C. GAHN,

President of the Council.

C. J. BENKOSKI,

Clerk of Council,

Approved by the mayor July 2,

1918.

Ord. No. 47071.

An ordinance providing for the management, protection and control of street trees in the city of Cleveland, Ohio.

An ordinance to supplement chapter 22 (XXII) of the revised ordinances of the city of Cleveland, of 1907, and to repeal ordinance No. 10398-A, passed February 10, 1908. ordinance No. 16359, passed November 29, 1909, and ordinance No. 21089, passed September 25, 1911.

Be it ordained by the council of the city of Cleveland, state of Ohio: Section 1. That chapter 22 of the revised ordinances of the city of Cleveland be supplemented by adding thereto the following supplemental heading and sections: PROTECTION CONTROL OF STREET TREES Unlawful to cut, break, climb or injure tree or plant-Injure, misuse to cut, device-Permit

Sec. 2. It shall be unlawful for firm or corporation any person, without a written permit from the director of parks and public property to cut, break, climb or injure any tree or portion of tree planted or growing in any public highway of Cleveland within the city cause, authorize or procure any persou to cut, break, climb or injure any such tree or portion thereof; to cut, break, climb, or injure any tree or plant, or to injure, misuse or remove, or cause, authorize or procure any person to injure, misuse or remove any device set for the protection of any tree or plant in any Any public highway of said city. person, firm or corporation desiring for any lawful purpose to cut, prune, treat. with a view to its preservation from disease or insect, or trim

down or removal shall appear necessary, the director may thereupon issue a written permit therefor. Any work done under such written permit must be performed in strict accordance with the terms thereof. $50.00

Any person, firm or corporation which shall violate or authorize or procure a violation of any provision of this section shall, upon conviction thereof, forfeit and pay a penalty of not to exceed fifty dollars ($50.00) for each and every offense.

Gas, etc., as may injure Sec. 4. It shall be unlawful for firm or corporation any person, owning or using, or having control or charge of gas or other substance deleterious to tree life, to allow such gas or other substance to come into contact with the soil surrounding the roots of any tree in any public highway in the city of Cleveland in such manner as may injure such tree or plant.

$10.00

Any person. firm or corporation which shall violate or authorize or procure a violation of any provision of this section shall, upon conviction thereof, forfeit and pay a penalty of not to exceed ten dollars ($10.00) for each and every such offense. Gas, etc., as shall kill It shall be unlawful for Sec. 5. any person, firm or corporation owning or using, or having control or charge of gas or other substance deleterious to tree life, to allow such gas or other substance to come into contact with the soil surrounding the roots of any tree in any public highway in the city of Cleveland in such manner as shall kill or destroy such tree or plant.

$50.00

It shall be unlawful for Sec. 6. any person. firm or corporation to or procure any cause. authorize brine water. oil, liquid dye or other substance deleterious to tree life to flow or drip lic, leak,

nour,

on or into the soil about the base
of the tree in any public high-
way in the city of Cleveland, or onto
or pavement
the sidewalk, road
therein at a point whence such sub-
stance may by lying on, or by flow-
ing, dripping or seeping into such
soil, or in any other manner what-
ever, injure such tree; or to cause
or procure such lying, leaking, flow-
ing, dripping, seeping or injuring.
$5.00

Any person, firm or corporation
which shall violate or authorize or
procure a violation of any provision
of this section shall, upon conviction
thereof, forfeit and pay a penalty of
not to exceed five dollars ($5.00) for
each and every such offense.
Stone, cement, etc.-Minimum

opening

It shall be unlawful for Sec. 7. any person, firm or corporation, except with the written permit of the director of parks and public property, to place or maintain upon the ground in any public highway within the city of Cleveland, any stone, cement or other material or substance in such manner as may obof air and access struct the free water to the roots of any tree or ornamental plant in such highway. Unless otherwise provided for in such written permit as above provided for, there must be maintained about the base of the trunk of each shade tree in the public highways of the city at least six (6) square feet of open ground for a tree three inches in diameter, and for every two (2) inches of increase of such diameter there must be an increase of at least one (1) square foot of open ground.

$10.00

Any person, firm or corporation which shall violate or authorize or procure the violation of any provision of this section, shall upon conviction thereof, forfeit and pay a penalty of not to exceed ten dollars ($10.00) for each and every such offense.

Power to preserve or remove trees

Sec. 8. The director of parks and public property shall have the right to plant, trim, preserve and remove all trees within the lines of all streets, alleys, avenues, lands, lanes, squares and public grounds as may be necessary to insure safety, or to preserve the symmetry and beauty The direcof such public grounds. tor of parks and public property, under the power here given, may cause any tree which is in an unsafe condition, or which by reason of its nature is injurious to other improvements, or is affected by any injurious scale or other pest to be removed. Interference, park

ployes, etc. Sec. 9. It shall be unlawful for any person, firm or corporation to Interfere or cause or authorize or procure any interference with the director of parks and public property, or any of his employes, agents, or servants, while they are engaged in and about the planting, cultivating mulching, pruning, spraying or removing of any tree in any public highway within the said city, or in device attached to removing any such removing in said cement, sidewalk of stone, other material or substance as may. be necessary for the protection and care of any such tree in accordance with the requirements set forth in section 7 hereof as to the area of open ground to be maintained about the base of the trunk of each shade tree in the public highways of the city.

procure a'violation of any provision of this section, shall upon conviction thereof, forfeit and pay a penalty of not to exceed ten dollars ($10.00) for each and every such offense.

Wir, electricity-May injure Sec. 10. It shall be unlawful for any person, firm or corporation to cause, authorize or procure a wire or other conductor, charged with electricity, to come into contact with any tree in a public highway in the city of Cleveland in such manner as may injure or abrade such tree or plant.

$5.00

Wire, electricity-Shall kill Sec. 11. It shall be unlawful for any person, firm or corporation to cause or authorize or procure a wire or other conductor charged with electricity, to come into contact with any tree in any public highway in the city of Cleveland in such manner as shall destroy or kill such tree or plant.

$50.00

Attaching wire, rope, sign, etc. Sec. 12. It shall be unlawful for any person, firm or corporation to attach or keep attached to any tree in any public highway in the city of Cleveland, or to the guard or stake intended for the protection of such tree, any rope, wire, sign or any other device whatsoever, except for the purpose of protecting it or the public.

$5.00

Sec. 13. It shall be unlawful for any person. firm or corporation to tie any horse or any other animal to any tree in any public highway within said city of Cleveland, or having charge of such horse, or other animal, to allow or cause or procure it to injure any such tree: or for any person in charge of such horse or other animal to cause or allow it to stand SO that it can injure such tree.

$10.00

Permit to plant necessary Sec. 14. It shall be unlawful for any person, firm or corporation to plant or set out any shade tree or cause or authorize or procure any person to plant or set out any shade tree, in or on any part of any public highway within the city of Cleveland without first obtaining from the director of parks and publicproperty a written permit to do sc or without complying in all respects with the conditions set forth in such written permit.

Before any permit shall be issued for planting more than twenty-five (25) trees on any one permit, the director may request from the applicant a detailed declaration of in

tentions either in the form of a planting plan or written statement All planting plans in duplicate. shall be drawn on tracing cloth in ink. One copy of each plan or statement of intentions shall, when approved by the director, be returned to the applicant and the other copy shall be kept on file by the director. All planting plans shall show accurately:

a. The proposed street width, together with its subdivisions of pavement, curb, gutter, parking strip and sidewalk areas, to a definite indicated scale.

b. The proposed location of each and every proposed tree together with the location of each existing within the proposed street lines in scaled relation to the other features of the plan.

C. The variety of each and every tree proposed to be planted and of those already existing within the proposed street lines, either indicated on the plan or referenced with a number to key list.

d. The distance between trees in any one row in feet.

e. The nature of the soil in the planting space, to a depth of three feet, and all existing and proposed surface or subsoil drainage systems. All statements filed in lieu of a planting plan shall contain the same information 'as required on plan. $5.00

Any person, firm or corporation which shall violate or authorize or procure a violation of any provision of this section, shall upon conviction thereof, forfeit and pay a penalty of not to exceed five dollars ($5.00) for each and every such offense.

Guard trees while building, etc. Sec. 15. During the erection, repair, alteration or removal of any building or structure within the city of Cleveland, it shall be unlawful for the person or persons in charge of such erection, repair, alteration or removal, to leave any street tree in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to said tree arising out of or by reason of said erection, repair, alteration or removal.

$10.00

Sec. 16. The director of parks and public property shall have power to enter upon any private grounds in the city of Cleveland and to cause to be sprayed or otherwise treated any tree or shrub infected or infested by any parasite or insect pest when it shall be necessary in the opinion of said director to do so, to prevent the breeding or scattering of any parasite or animal pest, and to prevent danger therefrom to shade trees and shrubbery planted in the streets, alleys and public grounds of the city of Cleveland. and whenever in the opinion of said director, trimming, treatment or reinoval of any such tree or shrub located on private grounds shall be deemed wise, the said director shall have power to trim. treat, or remove any such tree or shrub.

Continued violation

Sec. 17. Every violation by the same person, firm or corporation, of any provision of any section of this ordinance. which continues on any day or days, succeeding the first violation thereof, shall constitute an

An ordinance to transfer grade crossing funds.

Whereas, the provisions of ordinance No. 44470, passed May 2nd, 1904, which authorized the abolishment of the grade crossing at the intersection of Detroit ave. and the New York, Chicago & St. Louis railroad, have been carried out, leaving a balance of five thousand nine hundred thirteen and thirty-seven onehundredths ($5,913.37) dollars in the fund appropriated to pay the city's share of the cost and expense of said improvement; and

Whereas, said balance is not needed for the payment of expenditures in connection with the separation of grades at other grade crossings mentioned together with the aforesaid grade crossing in ordi

nance No. 44349, passed January 25th. 1904. which authorized the sale of bonds of the city to provide a fund to pay expenditures for the separation of grades at the aforesaid grade crossings, as the separations intended under said ordinance No. 44349 have been effected and the expenditures therefore have been paid; and

Whereas, there is urgent need of additional funds for payment of expenditures to be made in connection with the separation of the grades of E. 105th st. and the New York Central railroad, authorized by ordinance No. 37139, passed July 12th, 1915; and

Whereas, within the meaning of the city charter, there exists an emergency arising from the necessity for proceeding with a public improvement in order to preserve public property and safety; now, therefore,

Be it ordained by the council of the city of Cleveland, state of Ohio, that:

Section 1. The available unexpended balance of five thousand nine hundred thirteen and thirty-seven one-hundredths ($5,913.37) dollars remaining in the fund appropriated for the purpose of paying the city's share of the cost and expense for the abolishment of the grade crossing at the intersection of Detroit ave, and the New York, Chicago & St. Louis railroad be transfered, and added to the fund authorized for the abolishment of the grade crossing at the intersection of E. 105th st. and the New York Central railroad.

Sec. 2. The director, of public service be and he is hereby authorized and directed to expend, in addition to the sum authorized by ordinance No. 37139, not to exceed the aforesaid sum of five thousand nine hundred thirteen and thirty-seven One-hundredths ($5.913.37) dollars in payment of the city's share of the cost and expense of separating the grades of E. 105th st. and the New York Central railroad.

Sec. 3. This ordinance is hereby declared to be an emergency measure, and shall take effect and be in

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Libros

The City Record, Volumen5,Temas235-260