[HISTORY: Adopted by the Borough Council of the Borough of Ligonier 12-8-1966 by Ord. No. 330. Amendments noted where applicable.]
The following words and phrases, when used in these regulations, shall have the meanings hereby ascribed to them, except in those instances where the context clearly indicates a different meaning:
- The Shade Tree Commission of the Borough of Ligonier.
- Any permit, in writing, as issued by the Secretary.
- Any natural person, firm, association, partnership or corporation.
- PUBLIC HIGHWAY
- Any street, sidewalk or alley open to the public.
- The Borough Secretary.
- SHADE TREE
- Any tree, shrub or other woody plant on any public highway or public grounds in the Borough of Ligonier, or that part of any tree, shrub or other woody plant which extends within the lines of any public highway or public grounds.
In these regulations, the singular shall include the plural, and the masculine shall include the feminine.
The Commission shall have exclusive custody and control of the shade trees in the Borough of Ligonier and is authorized to plant, maintain and protect shade trees on the public highways or public grounds in the Borough.
The application for any permit required hereunder shall be made in writing to the Secretary. It shall specify the particular kind of work or operation the applicant desires to perform thereunder and shall state the exact location and the species of any tree affected. It shall be the duty of the Secretary to submit every such application promptly to the Commission for approval or disapproval. The permit shall be effective for such length of time as the Commission shall in each case determine, and such time shall be indicated on the permit. Any such permit may be revoked at any time upon proof satisfactory to the Commission that any of the terms or conditions upon which such permit was issued are or have been violated. The Commission, in its discretion, may, as a condition precedent to the issuance of the permit, require the applicant to file a bond satisfactory to the Commission or to deposit security satisfactory to the Commission or to deposit security satisfactory to it to guarantee the compliance by the applicant with the terms and conditions upon which such permit is issued.
No person shall plant any shade tree in, on, along or affecting any public highway or public grounds in the Borough of Ligonier until such a permit therefor is granted, such permit to designate where such tree is to be planted. The Commission may refuse a permit to plant any species of tree which, in its opinion, is not suited to the location.
The Commission shall have the power to draft and enact such regulations and standards as it may, from time to time, deem proper and necessary to the establishment and continuance of good shade tree practices in the Borough of Ligonier. Prior to the establishment or change of any such regulations and standards, the Commission shall hold a public hearing after notice by publication of such hearing for three consecutive weeks in a weekly newspaper of general circulation in the Borough of Ligonier, at which hearing any citizens of the Borough of Ligonier shall be given the opportunity to express their opinion of the proposed regulations and standards. Copies of any such regulations and standards adopted by the Commission shall be filed with the Council and the Borough Secretary at least 10 days prior to the public hearing heretofore provided.
All enactments of the Commission are subject to approval by the Borough Council and, upon approval, shall be enacted by ordinance of the Borough Council.
[Added 1-12-1989 by Ord. No. 438]
All shade trees shall be kept trimmed by the owner of the property on or in front of which they are located:
So as not to interfere with the proper lighting of public highways or public grounds by the streetlights; and
So that the minimum clearance of any public highway or public grounds of any overhanging portion thereof shall be nine feet, provided that the Commission shall have the authority to designate a higher clearance on any public highway or public grounds, where heavy traffic or other conditions make it expedient.
If any property owner shall neglect or refuse to trim any shade tree as required by this section, upon notice in writing by the Commission, within the time limit specified in such notice, the Commission may cause such trimming to be done at the expense of such owner, and the entire cost thereof shall be a lien upon said premises, and a claim therefor shall be filed and collected by the Borough Solicitor in the same manner as municipal claims are filed and collected.
No person shall, without first obtaining a permit therefor, cut, break, climb with spurs, injure in any manner or remove any shade tree; or cut down or interfere in any way with the main roots of any shade tree; or spray any shade tree with any chemical or insecticide; or place any rope, guy wire, cable, sign, poster or any other fixture on any shade tree or guard for any shade tree; or injure, misuse or remove any device placed to protect any shade tree, except in case of immediate necessity for the protection of life and property.
No person shall, without first obtaining a permit, place or hereafter maintain any stone, cement or any other substance which shall impede the passage of water and air to the roots of any shade tree unless such person shall have an open space of ground surrounding the trunk of such tree, such space to be not less than four feet square.
In connection with any building operation or the performance of any work whatsoever in the Borough in the vicinity of any shade tree, before any work shall be commenced, guards shall be placed at all shade trees which might be affected by such work so as effectually to prevent injury to them.
No person shall pour salt water, oil or any other material at any place in such a manner that injury might result to any shade tree.
No person shall, without first having obtained a permit therefor, attach any electric wire, insulator or any device for the holding of an electric wire to any shade tree.
Every person having any wire charged with electricity running along or through a public highway or public grounds shall securely fasten such wire or place an adequate shield thereon, so that such wire shall not come into contact with any shade tree so as not to injure the same.
Whenever in order to take down or prune any shade tree in any public highway or having branches extending over any public highway or public grounds, it shall be deemed necessary to remove any wire running through or along such public highway or public grounds, the owner of such wire shall temporarily remove the same or cut off the flow of current therefrom within 24 hours after service of written notice from the Commission to do so.
A Shade Tree Commission is hereby created in and for the Borough of Ligonier. Said Commission shall be constituted as provided by law and shall perform all the duties and may exercise all the powers conferred by law upon Borough Shade Tree Commissions.
[Amended 1-12-1989 by Ord. No. 438; 7-12-2001 by Ord. No. 514]
The Shade Tree Commission may assess penalties, upon conviction, of not more than $600 and costs of prosecution and, in default of payment, imprisonment in the county jail for a period not to exceed 30 days, for each and every violation of any regulation or standard of such Commission or of any of the provisions of the Borough Code insofar as such provisions relate to shade trees.
These regulations shall be enforced by the Commission in conjunction with the Mayor and the Borough police.