Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 10-10-1966 by L.L. No. 3-1966. Amendments noted where applicable.]
GENERAL REFERENCES
Christmas tree sales — See Ch. 63.

§ 197-1 Powers and duties of Superintendent of Highways.

The Superintendent of Highways of the Town of Tonawanda shall direct, regulate and control the planting, care and removal of all trees now growing or hereafter planted within the right-of-way lines of streets and highways in the Town of Tonawanda, outside the corporate limits of the Village of Kenmore. He shall cause the provisions of this chapter to be enforced. In his absence, these duties shall be the responsibility of an official designated by the Town Superintendent of Highways.

§ 197-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PERSON
All firms, associations and corporations and all persons connected with such firms, associations and corporations.
PUBLIC TREE OR PUBLIC TREES
Any tree or trees planted, growing or located within the right-of-way lines of any highway wholly or partly within the Town of Tonawanda.
STREETS OR HIGHWAYS
All lands lying between the right-of-way lines of all public streets, roads, boulevards and alleys.
TREES
All woody vegetation now or hereafter growing within the right-of-way lines of streets or highways.

§ 197-3 Location, planting, removal and alteration; permits required.

A. 
No person shall plant a shrub, shrubbery or bushes within the right-of-way lines of any highway within the Town of Tonawanda. No person shall hereafter plant any tree within the right-of-way lines of any street or highway in the Town of Tonawanda, outside the corporate limits of the Village of Kenmore, or cause such acts to be done by others, without first obtaining a written permit from the Superintendent of Highways of the Town of Tonawanda, to be approved by the Town Board of said town; and no person shall hereafter remove, move, spray, brace, trim, do surgery work, cut above or below ground, disturb or alter any tree within the right-of-way lines of any street or highway, without first obtaining a written permit from the Superintendent of Highways of the Town of Tonawanda, who shall issue such permits if, in his judgment, the work is necessary and the proposed methods of workmanship are of a satisfactory nature. A permit shall not be required to cultivate or water.
B. 
As a condition to any permit to remove any public trees, said Superintendent of Highways may require that the permittee plant one or more trees in place of the one removed. Whenever any such tree has been removed or destroyed pursuant to any such conditional permit, and if the permittee fails, refuses or neglects to plant another tree or other trees of the type, size and at the location specified in the permit, within the time specified by said Superintendent of Highways from the date of the issuance of the permit, then such replacement tree or trees may be planted by the Superintendent of Highways and the cost thereof assessed against the property according to law.

§ 197-4 Contents of permits.

Every written permit issued by said Superintendent of Highways shall describe the work to be done, shall specify the species or variety and the size, nursery grade and location, shall briefly specify the method of planting and the method of support and trimming of all trees concerned and shall contain a definite expiration date. Any permit may be declared void if its terms are violated.

§ 197-5 Affixing materials to trees; permit required.

No person shall fasten any sign, wire, rope or other material to or around or through any public tree in the Town of Tonawanda, except by written permit from the Superintendent of Highways, except in emergencies such as storms or accidents.

§ 197-6 Permit required for placement or storage of certain materials in rights-of-way.

No person shall deposit, place, store or maintain within the right-of-way limits of any street or highway in the Town of Tonawanda any stone, brick, sand, concrete, asphaltic blacktop or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree growing therein, except by written permit of the Superintendent of Highways.

§ 197-7 Protection of trees; permit requirements.

No person shall break, injure, mutilate, kill or destroy any tree or permit any fire to burn where such fire will injure any portion of any tree within the right-of-way lines of any highway or street; and no person shall knowingly permit any leak to exist in any gas pipe within the root zone of any public tree. No person shall permit any toxic chemical to seep, drain or be emptied on or about any public tree; and no person shall knowingly permit electrical wires to come in contact with any public tree or trees unless protected by approved methods. No person shall attach any electrical insulation to any public tree or excavate any ditches, tunnels or trenches or lay any drive within a radius of six feet from any public tree, without first obtaining a written permit from said Superintendent of Highways. During building operations, the builder shall erect the suitable protective barriers around public trees apt to be injured, after obtaining a written permit from said Superintendent of Highways.

§ 197-8 Removal of trees deemed public nuisances.

Any tree or parts thereof growing upon private property but overhanging or interfering with the use of any street or highway, that in the opinion of said Superintendent of Highways endangers the life, health, safety or property of the public, shall be declared a public nuisance. The owner shall be notified in writing by registered or certified mail of the existence of the nuisance and given a period of 15 days for its correction or removal. If not corrected or removed within that period of time, said Superintendent of Highways shall cause the nuisance to be corrected or removed, and the cost thereof shall be assessed to the owner as provided by law.

§ 197-9 Permits for installation of public utilities.

All permits issued for the installation of public utilities that affect public trees shall be certified by said Superintendent of Highways. When a permit is issued to a public utility to trim public trees or do other operations affecting public trees, the work shall be limited to the actual necessities of the service of the company, and such work shall be done in a neat and workmanlike manner. Said Superintendent of Highways may, if necessary, assign an inspector to supervise the provisions of the permit, and the cost of such services shall be charged to the public utility at cost.

§ 197-10 Interference with officials prohibited.

No person shall prevent, delay or interfere with said Superintendent of Highways or any of his assistants in the execution or enforcement of this chapter.

§ 197-11 Penalties for offenses.

[Amended 5-21-1984 by L.L. No. 8-1984]
A. 
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
B. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
C. 
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.