[HISTORY: Adopted by the Borough Council of the Borough of Brookville 8-4-1949.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A permit in writing as issued by the Secretary of the Shade Tree
Commission of the Borough of Brookville.
Any individual, firm, association or corporation.
Any shade trees, shrub or other woody plant on any public highway
in the Borough of Brookville, or that part of any shade tree, shrub or other
woody plant which extends within the lines of any public highway in said Borough.
The application for any permit required hereunder shall be made in writing
to the Borough Secretary-Treasurer upon forms furnished by him and shall specify
the particular kind of work or operation the applicant desires to perform
thereunder and shall state the exact location and species of any tree or trees
affected. It shall be the duty of the Borough Secretary-Treasurer to submit
every such application promptly to the Commission for approval or disapproval.
The permit shall be effective for such length of time as the Commission shall
in each case determine, which shall be indicated on the permit, and such permit
may be revoked at any time at the direction of the Commission upon proof satisfactory
to the Commission that the terms and conditions upon which the permit has
been issued are or have been violated. The Commission may in its discretion,
as a condition precedent to the issuing of the permit, require the applicant
to file a bond satisfactory to the Commission or to deposit securities satisfactory
to it to guarantee the compliance by the applicant with the terms and conditions
upon which the permit is issued.
It shall be unlawful for any person, without first obtaining a permit,
to cut, break, climb with spurs, injure in any manner, or remove any shade
tree, to cut down or interfere in any way with the main roots of any shade
tree; to spray with any chemicals or insecticides any tree; to place any rope,
guy wire, cable, signs, posters or other fixtures on a tree or tree guard;
or to injure, misuse or remove any device placed to protect shade trees, except
in case of immediate necessity for protection of life or property.
No shade tree shall be planted on any public highway in the Borough
of Brookville until a permit is granted therefor, such permit to designate
the place where such tree is to be planted. The Commission may refuse a permit
to plant any species of tree which in its opinion is not suited to the location.
[Amended 5-1-1952 by Ord.
No. 393]
The cost of planting, transplanting, or removing any shade tree in the
highways of the Borough, or the necessary and suitable guards, curbing, or
grading for the protection thereof, and of the replacing of any pavement or
sidewalk necessarily disturbed in the execution of such work, shall be paid
by the owner of the real estate in front of whose property the work is done.
The amount each freeholder is to pay shall be ascertained and certified by
the Commission to Council and to the Borough Secretary-Treasurer, and notice
thereof and the collection of the same shall be in accordance with the provisions
of the Borough Code.
All shade trees shall be kept trimmed so that the minimum height where
they overhang any public walk or road shall be 12 feet. However, the Commission
reserves the right to designate a higher clearance on certain highways where
heavy traffic or other conditions make it expedient. All trees standing on
private property and having branches projecting over a public highway shall
be kept trimmed by the owner of such private property so that the lowest branches
shall have a minimum height of 12 feet, or to such a height as may be specified
by the Commission. In case the owner of such property shall neglect or refuse
to trim such trees upon being notified in writing by the Commission so to
do and within the time specified by such notice, the Commission may after
the expiration of the date specified in said notice cause such trimming to
be done at the expense of the owner and the entire cost thereof shall be a
lien upon said premises and shall be filed and collected by the Borough in
the same manner as municipal claims are filed and collected.
No person shall, without first obtaining a permit, place or hereafter
maintain any stone, cement or other substance which shall impede the passage
of water and air to the roots of any shade tree unless such person shall have
an open space of ground surrounding the trunk of the tree, such space to be
not less than four feet square.
In connection with any building operation or the performance of any
work whatsoever in the Borough in the vicinity of any shade tree, before any
such work shall be commenced guards shall be placed at all shade trees which
may be affected by such work so as to effectually prevent injury to them.
No person shall pour salt water, oil, or other materials at any place
in such a manner that injury may result to any shade tree.
No person shall, without first obtaining a permit therefor, attach any
electric wire, insulator or any device for the holding of an electric wire
to any shade tree.
Every person having any wire or wires charged with electricity running
through a public highway shall securely fasten such wire or wires or place
an adequate shield thereon, so they shall not come in contact with any tree
so as to injure the same.
Whenever, in order to take down or prune any shade tree in the public
highway or having branches extending over the public highway, it shall be
deemed necessary to remove any wire or wires running through a public highway,
the owner of said wires shall temporarily remove the same or cut off the flow
of current therefrom within 24 hours after service of written notice from
the Commission to do so.
[Amended 12-27-1974 by Ord.
No. 715]
Any person violating any provision of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment for not
more than 30 days; provided that each violation of this chapter, and each
day the same is continued, shall be deemed a separate offense.
