It shall be the duty of any person or persons
owning or occupying real property bordering on any street, upon which
property there may be trees, to prune such trees in such manner that
they will not obstruct or shade the streetlights, obstruct the passage
of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct
view of any street or alley intersection. The minimum clearance of
any overhanging portion thereof shall be 10 feet over sidewalks and
12 feet over all streets except truck thoroughfares, which shall have
a clearance of 16 feet. This section does not pertain to owners of
real property upon whose property street trees are planted by the
Borough after the effective date of this chapter.
A. Notice to prune. Should any person or persons owning
real property bordering on any street fail to prune trees as hereinabove
provided, the Municipal Shade Tree Commission shall order such person
or persons, within five days after receipt of written notice, to so
prune such trees.
B. Order required. The order required herein shall be
served by mailing a copy of the order to the last known address of
the property owner, by certified mail.
C. Failure to comply. When a person to whom an order
is directed shall fail to comply within the specified time, it shall
be lawful for the municipality to prune such trees, and the exact
cost thereof shall be assessed to the owner as provided by law in
the case of special assessments.
Unless specifically authorized by the Shade
Tree Commission, no person shall intentionally damage, cut, carve,
transplant or remove any tree; attach any rope, wire, nails, advertising
posters or other contrivance to any tree; allow any gaseous, liquid
or solid substance which is harmful to such trees to come in contact
with them; or set fire or permit any fire to burn when such fire or
the heat thereof will injure any portion of any tree.
No person shall hinder, prevent, delay or interfere
with the Shade Tree Commission or its assistants while engaged in
carrying out the execution or enforcement of the ordinance, regulations,
etc.; provided, however, that nothing herein shall be construed as
an attempt to prohibit the pursuit of any remedy, legal or equitable,
in any court of competent jurisdiction for the protection of property
rights by the owner of any property within the municipality.
No person shall deposit, place, store or maintain
upon any public place of the municipality any stone, brick, sand,
concrete or other materials which may impede the free passage of water,
air and fertilizer to the roots of any tree growing therein, except
by written permit of the Shade Tree Commission.