[Adopted 7-23-1969 as Ch. 14, Art.
III, of the 1969 Code]
Pursuant to the authority (Title 40: Chapter 64, Sections 1-14, as amended, Public Laws of New Jersey 1958-Chapter 42) vested in the municipalities of New Jersey; the Mayor and Council of the Borough of Eatontown, County of Monmouth, State of New Jersey, do ordain:
[Amended 6-12-1985 by Ord. No. 7-85; 2-12-2014 by Ord. No. 01-2014]
The regulation, planting, care and control of
shade and ornamental trees and shrubbery upon and in the streets,
highways, public places, parks and parkways of the Borough of Eatontown,
except state highways, unless the State Highway Department shall assent
thereto, and except county highways, parks and parkways, if a county
Shade Tree Commission is operative and gives assent thereto, shall
be exercised by and under the authority of the Shade Tree Commission
of the Borough of Eatontown, which is hereby created. The Commission
shall consist of seven members appointed by the Mayor, who shall be
residents of the municipality and shall serve without compensation
except as hereinafter provided. There shall also be two alternate
members to be appointed by the Mayor. The alternate members shall
be designated at the time of appointment by the Mayor as Alternate
No. 1 and Alternate No. 2. The term of each alternate member shall
be for five years.
[Amended 6-12-1985 by Ord. No. 7-85; 2-12-2014 by Ord. No. 01-2014]
A.
The first Commissioners shall be appointed within
60 days after the effective date of this article and their terms of
office shall commence upon the day of their appointment and be for
the respective periods: five members of one, two, three, four and
five years; six members of one, two, three and four years, and two
members for five years each; seven members of one, two and three years,
two members for four years, and two members for five years.
B.
The terms of each appointee shall be designated in
his appointment. All subsequent appointments, except to fill vacancies,
shall be for the full term of five years, to take effect on January
1, next succeeding such appointment.
The Commission shall organize within 30 days
after the appointment of its total membership for the remainder of
the then calendar year and thereafter annually by the election of
one of its members as Chairman and the appointment of a Secretary,
who need not be a member. The salary of the Secretary, who may be
compensated even if a member of the Commission shall be fixed by the
governing body of the municipality; the salary of all other employees
shall be fixed by the Commission. All salaries shall be fixed as nearly
as practicable in accordance with the salary schedule, if any, of
the municipality for corresponding positions.
[Amended 6-12-1985 by Ord. No. 7-85; 2-12-2014 by Ord. No. 01-2014]
A.
Whenever a vacancy occurs by reason of the death,
resignation or removal of any Commissioner, that vacancy shall be
filled for the unexpired term by appointment by the Mayor and not
by alternates.
B.
Alternate members.
(1)
Alternate
members may participate in discussions of the proceedings but may
not vote except in the absence or disqualification of a regular member.
A vote shall not be delayed in order that a regular member may vote
instead of an alternate member. In the event that a choice must be
made as to which alternate member is to vote, then the order shall
be Alternate No. 1, then Alternate No. 2.
(2)
Alternate
members shall serve during the absence or disqualification of any
regular member or members. The term of each alternate member shall
be five years commencing on January 1 of the year of appointment;
provided, however, that in the event two alternate members are appointed,
the initial term of Alternate No. 2 shall be four years and the initial
term of Alternate No. 1 shall be five years. The terms of the first
alternate members appointed pursuant to this section shall commence
on the day of their appointment and shall expire on the fourth or
fifth December 31 next ensuing after the date of their appointments,
as the case may be.
The Shade Tree Commission organized under this
article shall have power to:
A.
Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located, or which may hereafter be planted, in any public highway, park or parkway, except such as are excluded pursuant to § 7-1 of this chapter, including the planting, trimming, spraying, care and protection thereof.
B.
Regulate and control the use of the ground surrounding
the same, so far as may be necessary for their proper growth, care
and protection.
C.
Move or require the removal of any tree, or part thereof,
dangerous to public safety.
D.
Care for and control such parks and parkways; encourage
arboriculture; make, alter, amend and repeal, in the manner prescribed
for the passage, alteration, amendment and repeal of ordinances by
the governing body of the municipality, any and all ordinances necessary
or proper for carrying out the provisions hereof.
E.
Administer treatment to, or remove, any tree situated
upon private property which is believed to harbor a disease or insects
readily communicable to neighboring healthy trees in the care of the
municipality and enter upon private property for that purpose, with
the consent of the owner thereof, provided the suspected condition
is first confirmed by certificate issued by or on behalf of the New
Jersey Department of Agriculture.
A.
Except as hereinafter provided, the initial cost of
all trees planted by the Commission, the cost of planting the same,
the cost of the posts and boxes or guards used for the protection
thereof, and the cost of the removal of any tree or part thereof dangerous
to public safety shall, if the Commission shall so determine, in accordance
with uniform rules and regulations promulgated for this purpose, be
a charge upon the real estate in front of which such tree or trees
shall be planted or removed as an improvement thereof. Such cost,
if it is so determined that it is to be paid by the owner shall, unless
paid directly to the Commission, be certified by it to the Collector
of Taxes of the municipality, shall thereupon become and be a lien
upon said real estate, shall be included in the next tax bill rendered
to the owner or owners thereof, and be collected in the same manner
as other taxes against that property.
In every case where the property of an abutting
owner will be chargeable with the cost of the planting of any shade
tree or trees, the Commission shall give notice of the meeting at
which it is proposed to consider said planting by publishing the notice
at least once, not less than 20 days before the meeting, in a newspaper
circulating in the municipality, or by personal service of a copy
of the notice upon the abutting owner at least 10 days before the
meeting. The notice shall specify the street, streets or portions
thereof, on which such planting is proposed and require all persons
who may object thereto to present their objections in writing at the
office of the Commission at or before the meeting. Before final action
shall be taken, all objections so filed shall be considered. The Commission
shall give reasonable notice of its intention to remove, or cause
the removal of a tree, or part of a tree, dangerous to public safety,
unless public safety requires immediate removal, in which case no
notice shall be necessary.
A.
No statute giving any person or state, county or municipal
board, body or official power or authority to lay any sidewalk along,
or to open, construct, curb or pave any street, or to do any similar
act, shall be construed to permit or authorize any interference with
or injury to a highway shade tree without the consent of the Shade
Tree Commission within whose jurisdiction such trees shall be located.
In all cases such Commission shall reasonably cooperate with such
person, board, body or official for the general public good.
B.
Nothing in this article contained shall be held to
take away or diminish any of the powers or authority of any County
Park Commission over the trees or shrubbery in any county park or
parkway within its jurisdiction, or to give any other commission or
board any power or authority with respect to such trees or shrubbery.
A.
During the month of December in each year, the Shade
Tree Commission shall certify to the governing body of the municipality
the estimated sum necessary for the proper conduct of its work during
the ensuing fiscal year, which shall include the sums estimated to
be expended for such of the following items as it is anticipated expenditure
will be made for, namely:
(1)
Payment of wages and salaries of employees.
(2)
Expenses of Commission members in discharging official
duties, including expenses incident to attendance at professional
meetings.
(3)
Purchase of trees and shrubbery.
(4)
Purchase of necessary equipment and materials and
the cost of services for the prudent promotion of the work.
B.
The governing body of the municipality shall annually
appropriate such sum as it may deem necessary for said purposes.
A.
The Commission may prescribe a fine for violation
of its ordinances in an amount not exceeding $1,500 for each violation,
and the Municipal Court of the Borough of Eatontown shall have jurisdiction
in actions for the violation of such ordinances and shall be enforced
by like proceedings and process as that provided by law for the enforcement
of ordinances of the municipality. The officers authorized by law
to serve and execute process in the Municipal Court shall be the officers
to serve and execute any process issued out of the Municipal Court
for violations of the ordinances of the Commission.
[Amended 2-12-2014 by Ord. No. 01-2014]
B.
A copy of any ordinance of the Commission, certified
to under the hand of its Secretary or Chairman shall be received in
any court of this state as full and legal proof of the existence of
the ordinance, and that all requirements of law in relation to the
ordaining, publishing and making of the same, so as to make it legal
and binding, have been complied with, unless the contrary be shown.
All moneys collected, either as fines or penalties,
for any violation of a rule or regulation of a Shade Tree Commission,
or as a charge against real estate, under any provision of this article,
shall be forthwith paid over to the custodian of the municipal funds.
Nothing in the ordinance contained shall be
construed to make the Commission or any member thereof responsible
for the death or injury of any person, or for any injury to any property
or highway tree or shrub.
The Shade Tree Commission is hereby authorized
and empowered to promulgate such ordinances and written rules and
regulations as may be necessary, pursuant to statute, and for the
proper interpretation of this basic ordinance, administration and
enforcement, provided that such ordinances and regulations do not
conflict with this article and conform to the general standards prescribed
by this article.
All ordinances and parts of ordinances inconsistent
herewith are hereby repealed, particularly an ordinance entitled "An
Ordinance Providing for the Appointment of a Shade Tree Commission,
in the Borough of Eatontown in the County of Monmouth" (adopted and
passed March 27, 1957); provided, however, that the repeal of the
aforementioned ordinance shall not impair or destroy any obligation
arising out of any contract, act or undertaking of the Shade Tree
Commission heretofore appointed pursuant thereto, and that any contract,
act or undertaking presently outstanding shall be continued for the
purpose of performance by the Shade Tree Commission of the Borough
of Eatontown hereby appointed pursuant to this article.
