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HomeMy WebLinkAbout008 - 11/25/1940 - CONCERNING THE SALE, POSSESSION, AND OFFERING FOR SALE OF SEVERED EVERGREEN TREES AND BOUGHS WITHIN ORDINANCE NO 8 1940 BEING AN MRGENCY ORDINANCE CONCERNING THE SALE, POSSESSION, AND OFFERING FOR SALE OF SEVERED EVEPGREEN TREES AND BOUGHS WITHIN THE CORPORATE LIMITS OF THE CITY OF FORT COLLINS, PRO- VIDING FOR LICENSE THEREFOR, AND A PENALTY FOR THE VIOLATION HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 It shall be unlawful for any person or persons , firm or corporation to engage in the business of sell- ing pine, fir, spruce, cedar , or other evergreen trees commonly called Christmas trees , or boughs therefrom, within the cor- porate limits of the City of Fort Collins without first obtain- ing a license therefor Section 2 It shall be unlawful for any person or persons , firm or corporation to sell at any time or offer for sale in the City of Fort Collins any pine, fir, spruce, cedar, or other evergreen trees , or boughs therefrom, cut or procured from or within the public domain of the State of Colorado or the United States or from any private land within the State of Colorado without written authority having been first obtained from said State of Colorado or the United States or from the owner of such private land to cut and remove such trees there- from Section 3 It shall be unlawful for any person or persons, firm or corporation to have in his or its possession for sale or to sell or offer for sale in the City of Fort Col- lins any such trees hereinabove aescribed until the same shall have been officially tagged with a tag furnished or approved by either the United States Forestry Service or the Colorado State Board of Forestry, and showing the place from which said trees were taken and the name and address of the owner of the lands from which taken Section 4 The use of sidewalks, streets and alleys in the City of Fort Collins for keeping stocks of pine, fir, spruce, cedar, or other evergreen trees , or boughs therefrom, for sale is prohibited except for making deliveries to pur- chasers Section 5 Any person or persons, firm or corpor- ation desiring a license to sell and dispose of pine , fir, spruce, cedar, or other evergreen trees cut or severed, or boughs therefrom, within the corporate limits of the City of Fort Collins , shall make application therefor under oath to the City Clerk of said city, and in such application shall specifically state and set forth the source of title of the trees or boughs to be sold, whether the same or any part there- of were cut or procurea within any public domain of the State of Colorado or of the United States or from any private land, and shall be required in connection with such application for such sale to furnish the said City Clerk evidence of ownership of such trees or boughs or authority to cut and procure the same from the public domain or from private lands Section 6 The City Clerk shall , if he be satisfied from such application and the showing made by the applicant that such applicant has a bona fide title to said trees and boughs ana that the same were not obtained illegally and in violation of any laws of the State of Colorado or of the United States relative to the cutting down of pine , fir, spruce, ceaar, or other evergreen trees upon the public domain, or that he or it has authority to cut ana procure the same from the public, -2- f domain or from private land, grant to such applicant a license upon the payment of a license fee of $ 2.50 , which said license shall expire on December 31 of the current year in which issued Section 7 Any person or persons, firm or corpor- ation who shall violate any of the provisions of this ordinance or shall make a false representation of the facts in his application or present any false evidence of title or author- ity shall be deemed guilty of a violation of this ordinance and upon conviction thereof be fined in the sum of not less than �5 00 nor more than $300 00 Section 8 Ordinance No 28 of the Series of 1922 and all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed Section 9 In the opinion of the City Council an emergency exists for the preservation of the public health, peace and safety, and this ordinance shall take effect upon its passage under and by virtue of the authority contained in Sections 6 and 7 of Article IV of the City Charter Introduced, read at length, and adopted by the unan- imous vote of all members of the City Council at a regular adjourned meeting held this 25th day of November, A D 1940 Comm on f Safety and Ex-Officio Mayo= Attest / �J City Clerk -3- STATE OF COLORADO , ) ss County of Larimer ) I, MILES F HOUSE, City Clerk of the City of Fort Collins , do hereby certify ana declare that the foregoing Ordinance , consisting of nine (9) sections , was duly proposed ana read at length at a regular adjourned meeting of the City Council , hela on the 25th day of November, A D 1940, and was duly adopted and ordered published in the Fort Collins Leader, a weekly newspaper and the official newspaper of the City of Fort Collins, by the unanimous vote of all members of the Council , as an emergency ordinance, in accordance with the provisions of Sections 6 and 7 of Article IV of the City Charter , and thereafter, and on, to-wit the 28th day of November, 1940, was duly published in the Fort Collins Leader, a weekly newspaper published in the City of Fort Collins, Colo- rado IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this 28th day of November, A D 1940 ity Clerk