[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver 10-8-1913 as Ord. No. 139. Amendments noted where applicable.]
It shall be lawful for the owners of property to plant and maintain ornamental shade trees in front thereof in the streets and highways and alleys of the Borough of Mount Oliver and to cause the same to be protected by boxes or posts.
Such ornamental shade trees shall not be placed in the driveways and shall be placed in such manner and in such places as not to incommode the free use of the footways and sidewalks, and such trees shall be planted in such manner and in such places so as not to stop or obstruct the free passage of the water along the gutters.
It shall be unlawful to plant or maintain upon the streets or highways or on private property any of the varieties of Poplar trees, and it shall be unlawful to plant or maintain any shade trees in that part of Southern Avenue known also as the Brownsville Road, extending from Arlington Avenue southerly to Hays Avenue.
[Amended 8-21-1969 by Ord. No. 563]
Every person or persons, partnership, firm or corporation violating any provision of this chapter shall, upon conviction thereof for each and every such violation, be sentenced to pay a fine of not more than one thousand dollars ($1,000.) and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than thirty (30) days. Each day's continuance of a violation shall constitute a separate violation.
In all cases where a shade tree obstructs the water in a gutter, or where the roots do injury to a water or gas pipe or to a sewer, or raise the pavement, or where a tree incommodes the free use of a sidewalk or where the tree is one of the varieties of the Poplar tree, the Borough Council may order the owner of the premises on which such tree shall be growing, or of the abutting premises where such tree shall be growing within the sidewalk area, to remove such tree within ten (10) days, in default of which the Borough Council shall have authority to cause such tree to be removed and to collect the cost of such removal, with an additional amount of ten per centum (10%).