[HISTORY: Adopted by the City Council of the City of Somers Point:
Art I, 6-12-1925 (Ch. 99, Art. I, of 1967 compilation);
Art. II, 2-26-1970 as Ord. No. 4-1970
(Ch. 99, Art. IV, of 1967 compilation). Sections 242-6A and 242-11 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
[Adopted 6-12-1925 (Ch. 99, Art. I, of 1967 compilation)]
No person, firm or corporation shall do or cause to be done any of the
following acts upon a public highway within the City of Somers Point, New
Jersey, without the written permit of the Shade Tree Commission:
A.
Cut, trim, break, climb with spikes, disturb the roots
of or otherwise injure or spray with any chemical or remove any living tree
or shrub or injure, misuse or remove any structure or device placed to support
or protect such tree or shrub.
B.
Plant any tree or shrub.
C.
Fasten any rope, wire, electric attachment, sign or other
device to a tree or shrub or to any guard about such tree or shrub.
D.
Close or obstruct any open space provided about the base
of a tree or shrub to permit the access of air, water or fertilizer to the
roots of such tree or shrub.
E.
Pile any building material or make any mortar or cement
within six feet of a tree or shrub.
Every person, firm or corporation having control over any wire for the
transmission of an electric current along a public highway shall at all times
guard all trees through which or near which such wire passes against any injury
from the wire or from the electric current carried by it. The device or means
used shall in every case be subject to approval by the Shade Tree Commission.
No person, firm or corporation shall hitch or fasten an animal to any
tree or shrub upon a public highway or to any guard or support provided for
the same or permit an animal to bite or otherwise injure any such tree or
shrub.
No person, firm or corporation shall permit brine, gas or an injurious
chemical to come in contact with the stem or roots of any tree or shrub upon
a public highway.
No person, firm or corporation shall prevent, delay or interfere with
any lawful work undertaken by the Shade Tree Commission or its authorized
agent.
A.
Any person, firm or corporation that shall violate any
provision of this Article shall be liable to a fine not to exceed $1,000 or
to imprisonment for a term not to exceed 90 days or to a period of community
service not to exceed 90 days, or any combination of the foregoing.[1]
B.
If any person, firm or corporation shall continue to violate any of the provisions of this Article, after being duly notified of such violation, or shall neglect or refuse to comply with a lawful order of the Shade Tree Commission, a second or subsequent notification or order shall be construed as an additional violation of this Article, and each such additional offense shall subject the offending party, upon conviction, to the same penalty as provided by Subsection A of this section.
[Adopted 2-26-1970 as Ord. No. 4-1970
(Ch. 99, Art. IV, of 1967 compilation)]
The owners or tenants of lands lying within the limits of the City of
Somers Point are required to keep all brush, hedges and other plant life growing
within 10 feet of any roadway and within 25 feet of the intersection of two
roadways cut to a height of not more than 2 1/2 feet where it shall be
necessary and expedient for the preservation of the public safety.
After 10 days' notice by the Chief of Police to the owner or tenant
to cut the same and failure to do so, the Chief of Police shall provide for
the cutting of the same by him or under his direction.
If said owner or tenant shall refuse or neglect to cut the aforementioned brush, hedges or other plant life in the manner and within the time provided in § 242-8 above, then said Chief of Police may file a complaint in the Municipal Court of the City of Somers Point for violation of this Article.
Where brush, hedges and other plant life are cut from any lands within the City of Somers Point, under § 242-8 hereof, by or under the direction of the Chief of Police of the City of Somers Point, such officer shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands or, in the event that such cost is excessive, to cause the reasonable cost thereof to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
Anyone found guilty of violating this Article shall be subject to a
fine not exceeding $1,000 or to imprisonment for a term not exceeding 90 days
or to a period of community service not exceeding 90 days, or any combination
of the foregoing.
