[HISTORY: Adopted Orangetown Town Board 6-15-1964. Amendments noted where applicable.]
The Town Board of the Town of Orangetown, taking cognizance of the rapid loss of native trees and shrubs through urban development, and of the need to enhance its highways, parks, parkways and public places for the benefit of its citizens, does hereby create a Shade Tree Commission consisting of not less than four nor more than eight members serving without compensation, to carry out the following ordinance. [Amended 2-26-1973 by L.L. No. 3, 1973]
No person, firm or corporation shall do, or cause to be done, any of the following acts upon a public highway, park, parkway or public place within the Town of Orangetown without a written permit from the Shade Tree Commission or its agent:
Cut, trim, break, climb with spikes, disturb the roots of or otherwise injure or spray with a chemical, or remove any living tree or shrub, or injure, misuse or remove any structure or device placed to support or protect 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 any guard about such a 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 material or make any mortar or cement within six feet of a tree or shrub.
Every person, firm or corporation having control over any wire for the transmission of electric current along a public highway shall at all times guard all trees through or near which such wires pass, against any injury from the wires or from the electric current carried by them. The device or means used shall in every case be subject to approval by the Shade Tree Commission or its agent.
Throughout the period of erection of, or repairs or additions to, any building or structure, or in the improvement of or repairs to a highway, the owner thereof, or the contractor, shall place such guards around all nearby trees on the public highway, as shall effectually prevent injury to such trees.
No person, firm or corporation shall permit any brine, gas or any other injurious chemical to come in contact with the stem or roots of any tree or shrub upon a public highway.
No person, firm or corporation shall do, or cause to be done, any damage, or shall litter or destroy any grass, shrub or tree in public highways, parks, parkways and public places.
Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of an offense against this ordinance and subject to fine not exceeding $100 for each offense. The magistrate before whom conviction is had shall fix the amount of said penalty not in excess of the maximum herein provided. Each 24 hours of a continued violation of this ordinance after a complaint is made, shall constitute a separate offense.
This ordinance shall be enforced by proceedings, process and practice in the same manner as provided by law for the enforcement of ordinances of the Town Board of the Town of Orangetown.
This ordinance shall not apply to work done by the Sewer Department or Highway Department of the Town of Orangetown, nor work done.
This ordinance shall take effect upon passage and publication as required by law.