Borough of Moonachie, NJ
Bergen County
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Editor's Note: The power to regulate the planting and protection of shade trees is contained in N.J.S.A. 40:88-4.
[Ord. #262, § 1; 1970 Code § 15-1]
No person shall do or cause to be done, any of the following acts affecting the trees, shrubbery, or ornamental material planted or growing naturally within the highways or public places under the jurisdiction of the Borough, except with a written permit first obtained from the Department of Public Works.
Cut, trim, break, disturb the roots of, or spray with chemicals any living tree or shrub; or injure, misuse or remove any structure or device placed to support or protect any tree or shrub.
Plant, or remove any living tree or shrub, or climb with spikes any living tree or shrub.
Fasten any rope, wire, electric attachments, sign, or other device to a tree or shrub, or to any guard about such 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.
Change the grade of the soil within the limits of the lateral spread of the branches of any such tree.
[Ord. #262, § 2; 1970 Code § 15-2]
Every person having control over any wire for the transmission of an electric current along a public highway shall at all times guard all trees through which or near which such wire passes, against any injury from the wire or cable or from the electric current carried by it. The device or means used shall in every case be subject to approval by the Department of Public Works.
[Ord. #262, § 2; 1970 Code § 15-3]
No person shall place any guy wire, brace or other device on any tree in such a manner as to injure it.
[Ord. #262, § 3; 1970 Code § 15-4]
No person shall hitch or fasten an animal to any tree or shrub upon a public highway or to any guard or support provided for the same, or permit an animal to bite or otherwise injure any tree or shrub.
[Ord. #262, § 4; 1970 Code § 15-5]
No person shall permit any brine, gas or injurious chemical or liquid to come in contact with the stump or roots of any tree or shrub upon a public highway.
[Ord. #262, § 5; 1970 Code § 15-6]
No person shall prevent, delay or interfere with any lawful work undertaken by the Department of Public Works or its authorized agent.
[Ord. #262, § 6; 1970 Code § 15-7]
In case any tree or shrub, or any part thereof, along the public highway shall become dangerous to public safety, the owner of the property in front of which the tree or shrub is located, shall remove the same, or the required part thereof, forthwith on receipt of written notice to that effect from the Department of Public Works.
[Ord. #262, § 8; 1970 Code § 15-8; Ord. #90-4]
Any person who violates any of the provisions of this Chapter shall, upon conviction, be subject to the General Penalty established in Chapter 1, Section 1-5 of this Code.
If any person shall continue to violate any of the provisions of this Chapter, after being duly notified of such violation, or shall neglect or refuse to comply with any lawful order of the Department of Public Works, the failure to comply with a second or each of any subsequent notifications or orders, shall be construed as an additional violation of this Chapter, and each such additional offense shall subject the offending party on conviction, to the same penalty as provided for the first offense.