[HISTORY: Adopted by the Borough Council of the Borough of
Ligonier 12-8-1966 by Ord. No. 330. Amendments noted where applicable.]
A.
COMMISSION
PERMIT
PERSON
PUBLIC HIGHWAY
SECRETARY
SHADE TREE
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.
Any street, sidewalk or alley open to the public.
The Borough Secretary.
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.
B.
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.
A.
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.
B.
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]
A.
All shade trees shall be kept trimmed by the owner of the property
on or in front of which they are located:
(1)
So as not to interfere with the proper lighting of public highways
or public grounds by the streetlights; and
(2)
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.
B.
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.
A.
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.
B.
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.
C.
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.
