[HISTORY: Adopted by the Borough Council of the Borough of
Towanda as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-5-1863]
That if any person shall voluntarily and willfully girdle, cut
down or destroy, or otherwise injure any fruit, shade or ornamental
tree or shrub in the Borough located between the sidewalk and lawn
area without the permission of the Shade Tree Commission or its designee,
he/she shall, for each offense, be subject to a fine up to $1,000,
and in default of payment of such fine and costs of prosecution, to
a term of imprisonment not to exceed 30 days.
[Adopted 6-23-1958; amended in its entirety 3-7-1988 by Ord. No. 2-1988]
The Borough Manager is directed to cause an inspection and examination
of trees and shrubs growing within the limits of the public streets
of Towanda Borough to determine when, as a result of increase of traffic,
disease, injury or for any reason, the same have become a menace to
the traveling public or an interference with use of public streets.
When a nuisance or condition of public danger is discovered,
the Borough Manager shall report to the Towanda Borough Shade Tree
Commission the nature and location of the nuisance, the owner of the
property in front of it and recommendation as to what should be done.
If the Towanda Borough Shade Tree Commission shall agree with
such recommendation, it shall direct the owner of the property to
appear before the Towanda Borough Shade Tree Commission and show cause
why said nuisance shall not be abated. In the event that the property
owner agrees that the trees or shrubs should be removed and agrees
either to remove them or to pay 50% of the cost of having them removed
by the Borough, the Towanda Borough Shade Tree Commission shall direct
removal of said trees and the collection of one-half the cost of their
removal from the property owner.
In the event that the property owner disputes the existence
of a nuisance and refuses to agree to pay 50% of the cost of the removal
of the trees or shrubs, then, if the Towanda Borough Shade Tree Commission
still desires its removal, it shall order the same to be done and
the entire cost of the removal recovered against the property owner
in accordance with law.
A.
Hereafter it shall be unlawful for any person to plant any trees
or shrubs between the sidewalks and the traveled portion of the streets
in Towanda Borough except upon the approval of the Towanda Borough
Shade Tree Commission. Any person desiring to plant trees or shrubs
in these areas shall first make application to the Towanda Borough
Shade Tree Commission on forms provided by the Borough. The Towanda
Borough Shade Tree Commission shall, within 30 days of receipt of
the application, either permit or disallow the proposed planting.
B.
Penalties.
(1)
Any person violating the provisions of this section and who declines
to remove unpermitted trees or shrubs within 10 days after notice
from the Borough Council, Borough Manager or the Towanda Borough Shade
Tree Commission shall be liable for a fine of $25 to be collected
by an action in assumpsit with costs.
(2)
Each day that a violation continues shall be considered a separate
offense.
