[HISTORY: Adopted by the Borough Council of the Borough of
Dalton 10-10-1985 by Ord. No. 7-1985. Amendments noted where applicable.]
The following words and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section.
Any natural person, firm, association, partnership or corporation.
Any street, sidewalk, or alley open to the public.
Any tree, shrub or woody plant within the right-of-way of
any public highway in the Borough of Dalton, or that part of any tree,
shrub or other woody plant which extends, or would extend if the plant
should fall, within the lines of any public highway.
In the event any shade tree or trees are partially broken or
felled by storm or other casualty, the said trees, branches or stumps
thereof shall be removed from the public highway by the Borough without
charge. Replacement of said shade trees shall be made at the discretion
and expense of the person owning the tree.
The person owning a shade tree or trees shall trim branches
which overhang public highways so that they will not obstruct the
light from any streetlight and so that there shall be a clear height
of 14 feet above the surface of the highway and eight feet above the
sidewalk.
When any privately owned shade tree along a public highway and
overhanging the same is, in the opinion of the Borough Council, in
a condition that endangers the life, health, safety or property of
the public, it shall be within the discretion of Borough Council to
determine what remedy is necessary and whether or not such tree(s)
must be trimmed or removed. The above condition may be a result of
disease, decay, insect infestation, or physical damage. In this case,
the owner of the shade tree shall be notified in writing of the existence
of the dangerous condition and shall be given a reasonable time for
trimming or removing the given tree(s). In the event that the owner
fails to follow the request of Borough Council, the Borough of Dalton
will make arrangements for the dangerous condition to be corrected.
The costs of correction will be assessed to the owner of the shade
tree(s).
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings.
