[Ord. No. 12-13-1989, 12/13/1989; as amended by Ord. No. 2013-004, 5/8/2013]
As used in this Part, the following terms shall have the meanings
indicated:
Includes any natural person, partnership, association, firm
or corporation. The singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. No. 126, 5/9/1932,
§ 1; as amended by Ord. No. 2013-004, 5/8/2013]
It shall be unlawful to cut, trim, or climb with spurs, break,
injure, kill, destroy or remove, or cause, authorize or procure any
person to cut, trim, climb with spurs, break, kill, destroy or remove,
any shade trees growing in any highway or public park of the Borough
of Wesleyville without the written permit of the Code Enforcement
Officer of the Borough of Wesleyville being first procured; provided
that, in emergency cases involving the probable loss of life or property,
public service companies maintaining electric wires on the streets
or parks may trim such shade trees in a manner least likely to endanger
such shade trees, without first procuring a written permit as herein
provided.
[Ord. No. 126, 5/9/1932,
§ 6; as amended by Ord. No. 2013-004, 5/8/2013]
It shall be unlawful to plant or set out any shade tree in any
public park in the Borough of Wesleyville without first obtaining
from the Code Enforcement Officer(s) of the Borough of Wesleyville
a written permit of the Officer so to do, or without complying in
all respects with the conditions set forth in such written permit.
[Ord. No. 126, 5/9/1932,
§ 8; as amended by Ord. No. 2013-004, 5-8-2013]
It shall be unlawful to lay any steam, gas or other pipe in
the ground within five feet of the trunk of any tree in any highway
or public park in the Borough of Wesleyville without the written permit
of the Code Enforcement Officer(s) of the Borough of Wesleyville.
[Ord. No. 126, 5/9/1932,
§ 9; as amended by Ord. No. 12-13-1989, 12/13/1989; by Ord.
No. 10112006, 10/11/2006; and by Ord. No. 2013-004, 5/8/2013]
Any person who shall violate or fail to comply with any provision
of this Part shall, severally for each and every such violation or
noncompliance, be guilty of a summary offense, punishable by a fine
of not less than $25 or more than $1,000, and costs, or, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. The imposition of a penalty for any violation or
noncompliance shall not excuse the violation or noncompliance or permit
it to continue. Each day that the violation or noncompliance exists
shall constitute a separate offense.
[Ord. No. 12-13-1989, 12/13/1989]
It shall be unlawful for any person to plant, maintain or allow
to grow any willows, poplars, or silver (swamp) maples within the
lines of any street, alley or sidewalk in the Borough of Wesleyville
or within 100 feet of any public sewer or waterline.
[Ord. No. 12-13-1989, 12/13/1989]
1.
Every owner of property in the Borough shall be required to keep
limbs and branches of all trees growing upon such property or along
the street, sidewalk, curb or alley abutting upon such property trimmed
so that no part of such limbs or branches, or of the foliage growing
thereupon, shall have a clearance of less than eight feet above the
surface of the sidewalk or of less than 14 feet above the surface
of the roadway of any street or alley.
2.
Every owner of property upon which a tree or trees is or are causing
damage to sidewalks or streets shall be required, upon recommendation
of the Code Enforcement Officer, to remove said tree or to pay for
repairs to sidewalks and streets so affected.
[Amended by Ord. No. 2013-004, 5/8/2013]
[Ord. No. 12-13-1989, 12/13/1989; as amended by Ord. No. 2013-004, 5/8/2013]
It shall be the responsibility of property owners in the Borough of Wesleyville to conform to the requirements of this Part 1 as to trees upon property owned by them, or along streets, alleys and sidewalks abutting upon such property, and, upon notice from the Code Enforcement Officer, to remove any tree or trees growing in violation of § 25-106 of this Part 1, and to trim or cut the branches or limbs of trees as required by § 25-107 hereof. Any person failing to comply with any such notice, within the time limit stated therein, shall be guilty of a violation of this Part 1 and, following the expiration of such time limit, the Borough Council shall have the authority to cause the work required by such notice to be done by the Borough or under contract therewith, and to collect the cost of such work, with an additional amount of 10% from such property owner in default.
