[Adopted 9-14-1999 by Ord. No. 1999-2 (Ch. XVI, Part 3, of the 1996 Code
of Ordinances)]
It shall be the duty of all owners of property within the Borough
of Montgomery to keep the trees and shrubs and branches or other portions
thereof, growing upon such property or the abutting sidewalk area,
trimmed and cut back so that no portion thereof shall extend upon,
over or above any street or alley in the Borough at a height of less
than 13 feet, or upon, over or above any sidewalk in the Borough at
a height of less than 10 feet.
It shall be the duty of all owners of property within the Borough
of Montgomery to remove any trees on their property which are dead,
diseased or infected, and which constitute a serious hazard to those
or other trees on all properties within the Borough, both public and
private, based on the written recommendation of the Montgomery Shade
Tree Commission.
In the event any shade tree or other trees are felled by a storm
or other casualty, or felled by the owner, it shall be the duty of
the owner (owners) thereof to remove the trunk and tree branches from
the abutting sidewalk area, or if said trunk or tree branches fall
on a neighbor's property, to remove same from such neighbor's property,
in either case, within 48 hours, or within two business days thereof,
if the occurrence occurs on a Friday, Saturday or Sunday.
It shall be the duty of all property owners within the Borough
of Montgomery to remove all stumps, including existing stumps, from
their property or the abutting sidewalk area upon the written recommendation
of Montgomery Shade Tree Commission, if in the opinion of said Commission,
said stumps constitute a safety hazard to the public using the sidewalks
nearby.
Any property owner who violates any provision of this article
shall be guilty of an offense and, for every such violation, upon
conviction, shall be sentenced to pay a fine of not less than $25
nor more than $600 and costs of prosecution and, in default of payment
of fines and costs, to undergo imprisonment for not more than 30 days.
Provided: each day's continuance of any such violation, after notice
thereof from the Borough, shall constitute a separate offense.
