[HISTORY: Adopted by the Borough Council of the Borough of
Paxtang 4-26-1946 by Ord. No. 186 (Part 12, Ch. 3, Art. C, of the 1994
Code of Ordinances). Amendments noted where applicable.]
[Amended 12-18-1972 by Ord. No. 429; 2-20-2001 by Ord. No. 575]
As used in this chapter, the following words shall have the
following meanings:
The Shade Tree Commission of the Borough of Paxtang.
The individual, association, partnership, firm or corporation.
The area located between the sidewalk and the curb or any
other area designated by the Commission within a public street or
highway in the Borough.
Any tree in the planting area or plot abutting a Borough
street or highway on front or side property lines.
[Amended 2-20-2001 by Ord. No. 575]
The Commission shall have exclusive custody and control of the
shade trees in the Borough, and is authorized to plant, remove, maintain
and protect shade trees in the planting areas of the Borough.
The Commission may employ and pay such superintendents, engineers,
foresters, tree wardens, or other assistants, as the proper performance
of the duties devolving upon it shall require, and may make, publish
and enforce regulations for the care and protection of the shade trees
of the Borough. No such regulation shall be in force until it has
been approved by the Council and until it has been published at least
twice in one newspaper circulated in the Borough.
[Amended 2-20-2001 by Ord. No. 575]
The Commission shall annually report to the Borough Council
in full its activities, transactions and expenses for the last fiscal
year of the Borough.
[Amended 2-20-2001 by Ord. No. 575]
Whenever the Commission proposes to plant, transplant or remove
shade trees on any highway, notice of the time and place of the meeting
at which such work is to be considered shall be given in one newspaper
circulated in the Borough, once a week for two weeks immediately preceding
the time of the meeting. The notice shall specify in detail the highways
or portions thereof upon which trees are proposed to be planted, replanted
or removed.
[Amended 3-31-1947 by Ord. No. 192]
The cost of planting and transplanting any shade trees in or
adjacent to the highways of the Borough, of the necessary and suitable
guards, curbing or grading for the protection thereof, and of the
replacing any pavement or sidewalk necessarily disturbed in the execution
of such work, shall be paid by the owners of the real estate abutting
on said highway on which or adjacent to which property the work is
done.
The cost and expense of caring for such trees after having been
planted shall be paid by the Borough.
The cost of removing any shade trees in the highways of the
Borough shall be paid by the Borough upon certification by the Commission
to the Council and to the Borough Treasurer.
[Amended 2-20-2001 by Ord. No. 575]
It shall be unlawful for any person to plant, trim, spray and
prune or remove any shade tree in the planting area in the Borough
without having first secured a written permit from the Commission.
[Amended 2-20-2001 by Ord. No. 575]
It shall be unlawful for any person to climb upon, cut, break,
bark or otherwise destroy or disturb any shade tree or guard or support
thereof in the planting area in the Borough without authority from
the Commission.
[Amended 2-20-2001 by Ord. No. 575]
It shall be unlawful for any person to attach any guy rope,
cable, wire or other fixture to any shade tree, tree guard or support
thereof in the planting area in the Borough.
[Amended 2-20-2001 by Ord. No. 575]
It shall be unlawful for a person to cause to be placed, to
authorize or procure the placing of a wire or other conductor charged
with electricity to come into contact with any shade tree in the planting
areas in the Borough in such a manner as may injure or abrade that
tree.
[Amended 2-20-2001 by Ord. No. 575]
It shall be unlawful for any person to fasten or maintain any
card, sign, advertisement or other notice, or any other article on
any shade tree, tree guard or support in the planting areas in the
Borough.
[Amended 2-20-2001 by Ord. No. 575]
It shall be unlawful for any person owning or using or having
control or charge of gas, smokestack gases, hot water, steam, brine,
fires or other substances or agents harmful to tree life to allow
such substances or agents to come into contact, to lie, leak, pour,
flow or drip on or into the soil about the base of a tree or to come
into contact with the soil surrounding the roots of any tree or into
proximity with the tree in any planting area in said Borough in such
manner as may injure such tree.
[Amended 2-20-2001 by Ord. No. 575]
It shall be unlawful for any person to hinder, interfere or
cause or authorize or procure an interference with the Commission
or any of its employees, agents or servants while they are engaged
in or about the planting, cultivating, mulching, pruning, spraying
or removing stone, cement, sidewalk or other material or substances
as may, in the opinion of the Commission, be desirable or necessary
for the protection and care of such shade tree.
[Amended 12-18-1972 by Ord. No. 429]
No person shall cut the roots, trunk or branches of a shade
tree for the construction of walks, drives, buildings or other structures,
or for any reason, without first obtaining a permit from the Commission.
Should the Commission grant a permit to remove a live tree, the person
to whom such permission is given shall deposit with the Commission
a sum equal to the value of the tree as determined by the Commission.
[Added 12-18-1972 by Ord. No. 429]
A.Â
The Commission, upon making a determination that a property within
the Borough contains diseased plants, shrubs or trees, shall notify
such property owner by registered mail, identifying the particular
plants, shrubs or trees so diseased that threaten to injure other
plants, shrubs or trees within the Borough.
B.Â
The Commission shall, in the same notice, order the owner to remove
such plants, shrubs or trees at his own expense within a period of
30 days.
C.Â
In the event that within 30 days of receipt of the notice the offending
plants, shrubs or trees are not removed, the Commission shall cause
the work to be done. The cost of such work shall be a lien upon the
premises from the time of the commencement of the work, which date
shall be fixed by the Commission and shall be filed with the Borough
Secretary.
[Amended 12-18-1972 by Ord. No. 429]
Any determination of the Commission shall be appealable to Borough
Council within 10 days of receipt thereof.
Any person who, directly or indirectly or through his agent
or agents, has injured or caused to be injured any tree in the Borough
of Paxtang, or who violates any provision of this chapter which, in
the opinion of the Commission, has destroyed said tree, shall be liable,
upon conviction, to a fine of no more than $1,000 for each offense
and, in default of payment of fine and costs of prosecution, shall
be punishable by imprisonment of up to 30 days. Any penalty assessed
shall be a lien upon the real estate of the offender and may be collected
as municipal claims are collected. All penalties imposed under this
chapter shall be paid to the Borough Treasurer to be placed to the
credit of the Commission for the purposes of this chapter.
