City of Port Jervis, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council 1-23-1995 by L.L. No. 3-1995 (Ch. 148 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Shade Tree Commission — See Ch. 153.
Brush, grass and weeds — See Ch. 417, Art. I.
Streets, sidewalks and public property — See Ch. 464.
A. 
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. 
The City Shade Tree Commission, as established in Chapter 153 of this Code, may order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gaslines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said tree is in accordance with §§ 153-7 through 153-9 of this Code.
A. 
Property owners shall be responsible for all trees between the curb and sidewalk that abut a public street. Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear surface of 14 feet above the street surface or nine feet above the sidewalk surface.
B. 
The City shall have the right to prune any tree, shrub or bush on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign at intersections.
C. 
Each and every week that such trees remain untrimmed after receipt of proper notice by the Director of Public Works shall be deemed a separate and distinct violation of this section.
D. 
Where said notice is not complied with within 10 days after the same has been received, the Director of Public Works may trim such trees, shrubs or bushes at the expense of the owner so that they shall comply with the provisions hereinbefore stated.
A. 
No person shall, without a written permit issued by the Director of Public Works, plant, cut, prune, trim, injure or remove any living tree in a public street (between the curb and property line) or cut, disturb or interfere with the roots of any such tree or place or attach ropes, cables, wire or chain or attach signs to any tree in a public street or public property within the City.
B. 
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the City without first applying for and procuring a license; provided, however, that no license shall be required of any public service company, including electric utilities and their agents and contractors or City employees, doing such work in the pursuit of its public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $1,000,000 for bodily injury and $1,000,000 for property damage, indemnifying the City against any and all claims made by any person injured or damaged as a result of the pursuit of such endeavors as herein described.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Property owners shall remove all dead, diseased, broken or decayed trees or limbs which constitute a menace to the safety of the public.
B. 
Where property owners or their authorized representatives intend to undertake the removal of a tree or trees between the sidewalk and curb along a public street which has/have become hazardous by reason of decay, lightening, windstorm or other physical damage or for reason of construction purposes, the following conditions shall be met:
(1) 
Application for a permit shall be made at the office of the Director of Public Works (no fee).
(2) 
Evidence of required insurance shall be furnished.
(3) 
Evidence of experience and capability shall be furnished.
C. 
In the event of the failure of owners to comply with this provision, the City shall have the authority to remove such trees as warrant removal and charge the cost of removal on the owner's property tax notice.
D. 
Where owners of property request the City to effect the removal of a tree or trees, written request shall be made to the attention of the Director of Public Works. Inspection of the removal work shall be made to confirm that said trees are within the classification as set forth in Subsection B above.
E. 
The owners shall submit an advance deposit at the office of the City Clerk-Treasurer in the following amounts:
(1) 
Trees up to and including a diameter of 20 inches: $100.
(2) 
Trees in excess of 20 inches in diameter: $150.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
A. 
Tree limbs that grow near high-voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements. A utility tree trimming policy must be reviewed by the utility company and the City Shade Tree Commission prior to any trimming by the utility company.
B. 
Where tree removals are necessitated for utility purposes, including but not necessarily limited to new installation of required utility lines, services or supporting facilities, the utility firm shall bear the cost of tree replacement, which shall be performed by City forces. Replacements shall be a minimum of 2 1/2 inches in caliber.
C. 
In cases where extensive cutting and trimming is required for utility lines and where said cutting extends to such a degree as to jeopardize the life of said tree or to impair the aesthetic beauty of the same, the utility company may be required to completely remove the same and bear the cost of a tree replacement as hereinbefore referred to.
It shall be unlawful as normal practice for any person, firm or City department to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the City Shade Tree Commission.
Any person willfully damaging any tree, bush, shrub or other planting in any public street, public park or any property in the care, custody and control of the City shall, upon conviction, be subject to a fine not to exceed $5,000.