This chapter shall be known and may be cited
as the "Shade Tree Local Law of the Village of Delhi, County of Delaware."
For the purpose of this chapter the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural include
the singular and words in the singular include the plural. The word
"shall" is mandatory and not merely directory.
PARK
Includes all public parks.
PROPERTY OWNER
The person owning such property as shown by the County Map
of the Village of Delhi.
PUBLIC PLACES
Includes all other grounds owned by the Village of Delhi,
County of Delaware.
STREET or HIGHWAY
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purposes of vehicular and pedestrian traffic.
TREE LAWN
That part adjacent to a street or highway, not covered by
sidewalks or other paving, lying between the property line and that
portion of the street or highway usually used for vehicular traffic.
TREES
A.
PUBLIC TREESIncludes all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated.
Unless specifically authorized by the Shade
Tree Commission, no person shall intentionally damage, cut, carve,
transplant or remove any tree; attach any rope, wire, nails, advertising
posters or other contrivance to any tree; allow any gaseous, liquid
or solid substance which is harmful to such trees to come in contact
with them; or set fire or permit any fire to burn when such fire or
the heat thereof will injure any portion of any tree.
No person, firm or corporation shall hinder,
prevent, delay or interfere with the Shade Tree Commission or any
of its assistants while engaged in carrying out the execution or enforcement
of this chapter or duly adopted regulations; provided, however, that
nothing herein shall be construed as an attempt to prohibit the pursuit
of any remedy, legal or equitable, in any court of competent jurisdiction
for the protection of property rights by the owner of any property
within the municipality.
No person shall deposit, place, store or maintain
upon any public place of the municipality any stone, brick, sand,
concrete 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 Shade Tree Commission.
Any person, firm or corporation violating or
failing to comply with any of the provisions of this chapter shall
be subject to a fine of not more than $250, to imprisonment for not
more than 15 days, or both.