Township of Upper Gwynedd, PA Chapter 178 Trees

[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Gwynedd 12-27-1966 by Ord. No. 66-19. Amendments noted where applicable.]

GENERAL REFERENCES

Streets and sidewalks — See Ch. 164.

Subdivision and land development — See Ch. 168.

§ 178-1 Plantings within rights-of-way prohibited.

The planting of trees, shrubbery or plants within the legal right-of-way or width of any public street within the Township of Upper Gwynedd is hereby prohibited.

§ 178-2 Removal of plantings by Township.

Whenever any person shall have planted any trees, shrubbery or plants within the legal right-of-way or width of any public street within the Township of Upper Gwynedd, the Township may cut or remove any such plantings. In the event an owner of abutting property shall have so planted and the Township shall have cut or removed such plantings, then, in addition to the penalty hereinafter prescribed in § 178-3, the cost thereof, together with a penalty of 5% and an attorney's fee of 5%, shall be collected by municipal claim proceedings in accordance with the Act of May 16, 1923, P.L. 207,[1] as amended, or by such other remedy or remedies as may be provided by law, at the election of the Township.

[1] Editor's Note: See 53 P.S. § 7101 et seq.

§ 178-3 Violations and penalties.

[Amended 4-22-1985 by Ord. No. 85-6]

A. Any person or persons, firm or corporation who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.

[Amended 11-23-1992 by Ord. No. 92-15[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.

C. This section shall not preclude the Township from any other remedy it may have at law or equity.