[HISTORY: Adopted by the Township Committee of the Township of Weymouth 3-19-2008 by Ord. No. 470-2008. Amendments noted where applicable.]
There is hereby created a Township Shade Tree Commission, which shall be known as the "Weymouth Township Shade Tree Commission," hereafter called the "Commission."
The Commission shall be composed of six persons, all of whom shall be residents of the Township. The Commission members shall be all members of the Environmental Commission and one Township official or employee that shall be designated by the Township Committee. The Committee shall hold its meetings on the same dates as the Environmental Commission, either before or after said meeting.
When a vacancy in office occurs, the Weymouth Township Committee may appoint a qualified person to fill the unexpired term.
The Commission shall report annually to the Weymouth Township Committee.
The Commission shall have custody and control of all shade trees in and upon the Township lands, roads and rights-of-way. The Township may locate, plant, remove, maintain and protect such trees. The Commission may also locate, plant, remove and maintain and protect trees along the Township roads. All newly planted trees planted along any right-of-way or road shall conform with the Weymouth Township Right-of-Way Ordinance. However, no municipal funds shall be expended without the approval of the Township Committee.
The Township Committee may make the services of the Township Solicitor, Township Engineer or other employees available to the Commission when necessary.
A. 
The Commission may request that the owner or person or entity having control of any tree located in Weymouth Township trim or cut and remove such tree if the same is afflicted with other disease which threatens to injure or destroy other shade trees in the Township, or if the same is obstructing Township roads or rights-of-way or is about to fall and is dangerous. Such trees are hereby declared to be a nuisance. Trees shall clear roads by at least 14 feet.
B. 
The Commission may, with the approval of the Township Committee, require that all persons or entities having control over adjoining or coincidental with the Township roads or rights-of-way plant or maintain shade trees of the types specified by the Commission.
C. 
The Commission may prohibit any activity which injures shade trees in and upon Township roads or rights-of-way, or which injures trees which immediately adjoin the same.
D. 
The Commission may purchase or sell or give shade trees to property owners or persons or entities having control of property on adjoining roads.
E. 
The Commission disseminates information to the public relative to the care and control of trees and planting of the same.
If any owner, person or other entity shall, after notice, fail to comply with a lawful directive issued pursuant to this chapter, the Township may perform the necessary work or authorize others to do so and bill such person or other entity for the same. If such bill remains unpaid for 30 days, the same may be filed and collected as a municipal claim against the property in question. The filing of a lien will not prevent the imposition of penalties specified below.
No person, partnership, corporation, trust or other entity shall, without permission or good cause, cause injury or destroy and tree in the custody or control of the Commission.
Any person, partnership, corporation or other entity who or which fails to comply with or violates any of the provisions of this chapter or directive issued hereunder or who takes part in, or aids, abets, or assists in any way in such violation, whether through action, inaction, negligence or otherwise, shall be liable upon conviction for each offense in a summary proceeding before a municipal court and shall pay a fine or penalty to the Township for an amount of not less than $10 or more than $300. Each day in which any violation of this chapter continues shall constitute a separate offense.
In the event any part of the ordinances or terms of ordinances of Weymouth Township conflict with the terms and conditions of this chapter, then the terms and conditions of this chapter shall govern.