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.
a.
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.
b.
Plant, or remove any living tree or shrub, or climb with spikes any
living tree or shrub.
c.
Fasten any rope, wire, electric attachments, sign, or other device
to a tree or shrub, or to any guard about such tree or shrub.
d.
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.
e.
Pile any building material, or make any mortar or cement within six
feet of a tree or shrub.
f.
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.
