[HISTORY: Adopted by the Shade Tree Commission of the Borough of Edgewater 6-13-1952 by Ord. No. 1; readopted by the Mayor and Council of the Borough of Edgewater 8-1-1967 by Ord. No. 476 (Ch. 231 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Shade Tree Board — See Ch. 6, Art. III.
Parks and recreation areas — See Ch. 293.
Streets and sidewalks — See Ch. 380.
[Amended 9-3-1975 by Ord. No. 581-75]
It shall be unlawful within the Borough of Edgewater for any person, firm or corporation without a written permit from the Shade Tree Board of the Borough of Edgewater:
A. 
To cut, break, climb or injure, or to damage or remove any protective device from, any tree or from a portion of a tree or shrub planted or growing in any public highway, park or parkway.
B. 
To kill or remove or cause the death or removal of any tree or shrub planted or growing in any public highway, park or parkway.
C. 
To place any stone, cement or other material or substance in such manner as may obstruct the free access of air and water to the trunk and roots of any tree or shrub in any public highway, park or parkway.
D. 
To plant or set out any shade or other tree or shrub in or on any part of any public highway, park or parkway.
It shall be unlawful within the Borough of Edgewater for any person, firm or corporation:
A. 
To interfere with or obstruct the Shade Tree Board or any of its employees, agents or servants while engaged in the cultivation, mulching, pruning, spraying or removal of any tree or shrub in any public highway, park or parkway.
[Amended 9-3-1975 by Ord. No. 581-75]
B. 
To cause, authorize or permit a wire or other conductor charged with electricity to come into contact with any tree or shrub in any public highway, park or parkway in such manner as may abrade or kill such tree or shrub.
C. 
To attach or keep attached to any tree or shrub in any public highway, park or parkway or to the guard or stake intended for the protection of such tree or shrub any rope, wire or any other device whatsoever.
D. 
To tie any animal to any tree or shrub in any public highway, park or parkway or to permit any such animal to injure any such tree or shrub.
E. 
To conduct building operations in the vicinity of any tree or shrub in any public highway, park or parkway without providing sufficient guards and protectors to prevent injury to said tree or shrub.
F. 
To allow gas, brine, water, oil, liquid dye, gasoline or other substance deleterious to tree life to come into contact with the soil surrounding the trunk or roots of any tree or shrub in any public highway, park or parkway in such manner as to injure or kill such tree or shrub.
[Amended 9-3-1975 by Ord. No. 581-75]
Any person, firm or corporation desiring a permit required under this chapter shall make written application therefor to the Shade Tree Board. If it shall appear that the purpose for which the permit shall be required is necessary and may be accomplished without injury or damage to any public tree or shrub, the permit shall be issued forthwith. All work must be performed in strict accordance with the terms of the permit.
[Amended 9-3-1975 by Ord. No. 581-75]
It shall be the duty of the members of the Police Department of the Borough of Edgewater to report to the Shade Tree Board each and every violation of the provision of this chapter which shall come to their attention and to obtain the names and addresses of the persons guilty of such violation.
Violations of the provisions of this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).