[HISTORY: Adopted by the Council of the Borough of Milford 7-6-1970 as Ch. 15 of
the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 62.
No person shall do or cause to be done any of the following
acts affecting the trees, shrubbery or ornamental material planted
or growing naturally within the highways or public places under the
jurisdiction of the Borough without a written permit obtained from
the Department of Public Works:
A.
Cut, trim, break, disturb the roots of or spray with chemicals any
living tree or shrub or injure, misuse or remove any structure or
device placed to support or protect any tree or shrub.
B.
Plant or remove a living tree or shrub or climb a living tree or
shrub with spikes.
C.
Fasten any rope, wire, electric attachment, sign or other device
to a tree or shrub or to a guard about a 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 the tree or shrub.
E.
Change the grade of the soil within the limits of the lateral spread
of the branches of a tree.
Every person having control over wire for the transmission of
an electric current along a public highway shall guard all trees through
which or near which such wire passes against any injury from the wire
or cable or from the electric current carried by it. The device or
means used shall be subject to approval by the Department of Public
Works.
No person shall place a guy wire, brace or other device on a
tree in a manner which will injure it.
No person shall hitch or fasten an animal to a tree or shrub
on a public highway or to a guard or support provided for a tree or
shrub or permit an animal to bite or otherwise injure a tree or shrub.
No person shall permit any brine, gas or injurious chemical
or liquid to come in contact with the stump or roots of a tree or
shrub on a public highway.
No person shall prevent, delay or interfere with lawful work
undertaken by the Department of Public Works or its authorized agent.
If a tree or shrub or any part thereof along the public highway
becomes a hazard to the public safety, the owner of the property in
front of which the tree or shrub is located shall remove it or the
required part on service of a written directive from the Department
of Public Works. The notice shall be sufficient if served in the same
manner as a summons, in accordance with the New Jersey Rules of Court.
The owner or tenant of any lands lying within the Borough shall
keep all brush, hedges and other plant life growing within 10 feet
of a roadway and within 25 feet of the intersection of two roadways
cut to a height of not more than 2 1/2 feet. This shall not require
the cutting down of trees where there is vision through the trees
at a height of between 2 1/2 feet and eight feet from the ground.
A.
If the owner fails to remove the tree or shrub or portion thereof
within two weeks after service of written notice to do so, the work
shall be performed by the Borough under the supervision of the Certified
Public Works Manager, who shall certify the cost to the Council.
B.
The Council shall examine the certified costs and, if they are correct,
shall cause them to be charged against the lands or, if the Council
deems the costs to be excessive, shall cause the reasonable cost to
be charged against the lands.
C.
The amount so charged shall become a lien upon the lands and shall
be added to and become part of the taxes next to be assessed and levied
on the lands, to bear interest at the same rate as other taxes and
to be collected and enforced by the same officer and in the same manner
as taxes.
If any person continues to violate any of the provisions of
this chapter after being notified of such violation or neglects or
refuses to comply with any lawful order of the Department of Public
Works, the failure to comply with a second or each of any subsequent
notifications or orders shall be construed as an additional violation
of this chapter, and each such additional offense shall subject the
offending party, upon conviction, to the penalty provided for the
first offense.
