[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 11-9-1976 as Ord. No. 76-27. Section 185-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the meanings indicated:
- PUBLIC HIGHWAY
- Includes the entire width between the boundary lines of every publicly maintained roadway when any part thereof is open to the use of the public for the purposes of vehicular traffic.
No person, firm or corporation shall do or cause to be done any of the following acts upon a public highway within the Borough of Kenilworth without the written permission of the Supervisor of Public Works of the Borough of Kenilworth:
Cut, trim, break, climb with spikes, disturb the roots of or otherwise injure or spray with any chemical or remove any structure or device to support such tree or shrub.
Plant any tree or shrub.
Fasten any rope, wire, electric attachment, sign or other device to a tree or shrub or to any guard about such tree or shrub.
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 such tree or shrub.
Pile any building materials or make any mortar or cement within six feet of a tree or shrubs.
The aforesaid requirement for written permission shall not apply to public utility companies which routinely must trim or remove trees or shrubbery in order to provide safe, adequate and reliable electric or telephone service to members of the public. Except in emergency conditions, such public utility company shall notify the Supervisor of Public Works of the Borough of Kenilworth of tree or shrub trimming or removal before such work is performed.
Every person, firm or corporation having control of any wire for the transmission of electric current along a public highway shall properly trim all trees through which or near which such wire passes in order to prevent any injury from the wire or the electric current carried by it.
No person, firm or corporation shall permit any brine, gas or injurious chemical to come in contact with the stem or roots of any tree or shrub upon any public highway.
Any person, firm or corporation who or which violates any provision of this chapter shall be liable to a fine not to exceed $500 or to imprisonment not to exceed 90 days, or both such fine and imprisonment.