HomeMy WebLinkAbout716ORDINANCE N0. 716
AN ORDIP?ANCE RECTULATT~YG THE CUTTING AI~1D TRAP7SPORTATIOr1 OF CIiRISiP~IAS
TREES IN BUTTE COU?dTY AIdD PROVTDING PIIVALTIES FOR THE VIOLATION
T?-~EIiFOF .
T1~E BOARD Ol+ SUPERVSSORS OF' THE COUNTY OF BUTTE DO'''S ORDAIIIT AS
FOLLOI~IS
Section 1 - Definitions
The following words and phrases when used in this ordinance
shall be construed to have the following meaning;
(a) "Christmas tree" shall mean the top porticn of any ever-
green tree severed from the remainder of the tree with the intent
that such top will be used for decorative purposes.
(b) "Person" shall mean any natural person, whether acting
for himself, for any firm or corporation, or for an absent person,
excepting any employee of such natural person while he is working
in the presence and under the supervision of such natural person.
(c} All words in the masculine gender shall be construed to
3_nclude the feminine and neuter and all words in the singular
number shall be construed to include the plural.
Section 2 - Cutting Christmas Trees 1~ithout Filing Notice of Tntent.
It shall be unlawful. far any person to cut any Christmas trees
growing upon public land, or upon land not owned by him in the un-
incorporated territory of Butte County, from and including October
1st through December 31st of any year, without having previously
filed in triplicate with the Sheriff of Butte County, a Notice of
Tntention to Cut Christmas Trees, containing the following:
(a) A statement of the approximate number of Christmas trees
to be cut;
(b) A descripticn of the land upon which such Christmas trees
are to be cut; and a description of the land upon which such. Christ-
mas trees are to be stared pending shipment;
(c) The dates between which such Christmas trees are to be
cut;
(d} The signature of the person proposing to cut such Christmas
trees; and
(e) The written consent to such cutting dated and signed by
the owner of the land upon which such Christmas trees are to be cut
or by his duly authorized agent.
Section 3 - Trar_sporting Christmas Trees ~^lithout a Perm~.t.
It shall be unlawful for any person to transport more than five
Christmas `gees over any public road in Butte County without having
in his possession a Christmas Tree Shipping Permit containing the
following:
(a) The approximate number of Christmas trees being trans-
ported;
(b} The dates during which such transporting is authorized;
(c} The license number and description of the vehicle upon
which such Christmas trees are being transported;
(d} The written consent to such transportation dated and sig-
ned by the person who cut .such Christmas trees; and
(e} The ?tiritten authorization for such tran.sportaticn of
Christmas trees dated and signed by a federal forest officer,
officer of the State Divisien of Forestry, or peace officer having
jurisdiction in the district from rahich such Christmas trees are to
be shipped.
7 / (o
Section L~ - penalties
9ny person violating any of the provisions of this Ordinance
shall be guilty of a misdemeanor, and upon ,.conviction thereof
shall be punished by a fine not to exceed ~p~00.00 or by im-
prisonment in the Butte Ccunty Jail for a term not to exceed six
months, or by both such fine and imprisonment.
Section 5 - Severability
Tf any section, subsection, paragraph, sub-paragraph, sentence,
clause or phrase of this ordinance is for any reason held to be
invalid or unconstitutiar_al, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the remain~_ng
porticns of this ordinance; and this Board of Supervisors does 3zere-
by expressly declare that this ordinance and each sectien, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase
thereof *r;ould have been adopted a.rrespective of the fact that any
one or more of such sections, subsections, paragraphs, subpara-
graphs, sentences, clauses or phrases be declared invalid or un-
ccnstitutional.
Section 6 - Repeal
Butte County Ordinance number 563 is hereby repealed.
This ordinance shall take effect thirty days after the date
of its adoption, and prior to the expiration of fifteen daps from
passage hereof shall be published once in the Chaco Ente rise
a newspaper printed and published in the County
of 3utte, State of California, together-with the names of the
members of the Board. of Supervisors voting for and against the
same.
The foregoing ORDTT'~I+TCE was introduced by Supervisor Steineg~ n
who moved its adoption, seconded by Supervisor Pit~tnnan , and
said Ox~DIDTANCE titias passed this 28th day of August, 19 1, on roll
call, by the following vote:
AYES: SUPk~tPISORS AI,LDREDGE, PITTMAN, PRXDE, STEIlUEGGER AND CHAIF~TAN GI7,ES.
NOES: NONE
ABSENT': NONE:
NOT VOTING: NONE
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Chai , Board of .Supervisors
County of Butte, Slate of California
ATTEST:
HARRIETT JAMES
Butte County Clerk and ex-officio
Clerk ofthe Board of Supervisors
Deputy ~J ~'~-`