[HISTORY: Adopted by the Borough Council of the Borough of
Littlestown as revisions of 9-12-1883 (Ch. 64 of the 1994 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances and disorderly conduct — See Ch. 296.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural include the singular, words
in the singular include the plural, and the masculine shall include
the feminine and the neuter. The word "shall" is always mandatory
and not merely directory.
Includes the treating, spraying, pruning, maintaining and
any other care or work intended for the strengthening of trees, and
the removal and prevention of tree pests, blights and diseases of
any kind and all kinds.
The Borough of Littlestown.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any public street, public highway, public park, or any property
owned or held by the Borough of Littlestown within the boundaries
of said Borough.
A tree in a public place, except where otherwise indicated.
A.
Injury to trees and shrubs prohibited. No person shall, without consent
of the owner in the case of a private tree or shrub, or without written
permit from the Borough in the case of a public tree or shrub, do,
or cause to be done by others, any of the following acts:
(1)
Secure, fasten or run any rope, wire, sign or other device or material
to, around or through a tree of shrub.
(2)
Break, injure, mutilate, deface, kill or destroy, or permit any fire
to burn where it will injure any tree of shrub.
(3)
Permit any toxic chemical, gas, smoke, salt, brine, oil or other
injurious substance to seep, drain or be emptied upon or about any
tree or shrub.
(4)
Excavate any ditch, tunnel or trench or lay any drive within a radius
of 10 feet from any tree or shrub.
(5)
Erect, alter, repair or raze any building or structure without placing
suitable guards around all nearby public trees or shrubs which may
be injured or defaced by, or where said injury or defacement may arise
out of, in connection with or by reason of such an operation.
(6)
Knowingly permit any unprotected electric service wires to come in
prolonged contact with any public tree or shrub.
(7)
Remove any guard, stake or other device or material intended for
the protection of a public tree or shrub, or close or obstruct any
open space about the base of a public tree or shrub designed to permit
access of air, water and fertilizer.
B.
Trimming of trees. The Borough shall provide for and keep all trees
standing upon any public place in this Borough trimmed so that the
branches of such trees projecting over any public sidewalk, private
driveway, or into any public street beyond the curbline, shall not
conflict with the public welfare.
C.
Trimming of trees on private property. All trees standing upon private
property in this Borough having branches projecting into the public
highways or public places shall be kept trimmed by the owner or occupant
of such private property to such an extent that the lowest branches
of such trees shall not come within seven feet of the ground where
they overhang any public sidewalk, public place, or 12 feet over a
public highway, and to prevent the limbs from hanging lower at any
time, even in wet weather, than the space specified.
D.
Obstruction of view at intersection prohibited. Notwithstanding any
other provision of this chapter, no person shall maintain, plant or
permit to remain on any private or public premises situated at the
intersection of two or more streets or alleys in the Borough any hedge,
tree, shrub or other growth which may obstruct the view of the operator
of any motor vehicle approaching such intersection to the extent that
such operator is unable to observe other vehicles or pedestrians approaching
or crossing said intersection. Any such hedge, tree, shrub or growth
is hereby declared to be a public nuisance.
E.
Cutting and removal of dead trees. All owners of real property on
which dead or abandoned trees are permitted to stand, which produce
or cause to be produced a dangerous condition likely to cause imminent
damage to a structure or building located on said premises, or to
a structure or building on lands adjoining said premises, shall cut
down said tree or trees and remove the same from the premises.
F.
Removal of cut dead trees. All owners of real property on which dead
or abandoned trees which have been felled and which produce a hazardous
or dangerous condition so as to be exposed to the risk if fire, or
as to produce and uncleanly condition, shall be removed from the premises
by the owner or owners thereof.
Any silver maple, honey locust, poplar, basswood, box elder,
catalpa or willow, upon private property in this Borough in such close
proximity to any public place in this Borough as will permit the roots
of said tree to penetrate through our under the surface of any public
place in this Borough, is hereby declared to be a public nuisance
and may be abated by the Borough.
When the Borough shall find it necessary to order the trimming, preservation or removal of trees or plants upon private property, as authorized in §§ 446-2 and 446-3 herein, a written order shall be served to correct the dangerous condition upon the owner, operator, occupant or other person responsible for its existence.
A.
Method of service. The order required herein shall be served in one
of the following ways:
(1)
By making personal delivery of the order to the person responsible.
(2)
By leaving the order with some person of suitable age and discretion
upon the premises.
(3)
By affixing a copy of the order to the door at the entrance of the
premises in violation.
(4)
By mailing a copy of the order to the last known address of the owner
of the premises, by registered mail.
(5)
By publishing a copy of the order in a local paper once a week for
three successive weeks.
B.
Time limit for compliance. The order herein shall set forth a time
limit for compliance, dependent upon the hazard and danger created
by the violation. In cases of extreme danger to persons or public
property, the Borough shall require compliance immediately upon service
of the order.
C.
Appeal from order. A person to whom an order hereunder is directed
shall have the right, within five days of the service of such order,
to appeal to the Borough Council, who shall review such order within
20 days and file its decision thereon. Unless the order is revoked
or modified, it shall remain in full force and be obeyed by the person
to whom directed. No person to whom an order is directed shall fail
to comply with such order within 10 days after an appeal shall have
been determined.
D.
Failure to comply. When a person to whom an order is directed shall
fail to comply within the specified time, the Borough shall remedy
the condition or contract with others for such purpose and charge
the cost thereof to the person to whom the order is directed. The
person remedying a condition under a contract made hereunder shall
be authorized to enter premises for that purpose.
E.
If the cost of remedying a condition is not paid within 30 days after
receipt of a statement therefor from the Borough such cost shall be
levied against the property as a lien against the property and may
be collected as a municipal claim.
It shall be the duty of any person growing a tree within a public
highway or responsible for trees growing on property abutting on public
places supporting trees or plants to:
Any person who shall neglect to cut or remove trees, as directed
in accordance with the provisions hereof, or who shall fail, neglect
or refuse to comply with the provisions of any notice herein provided,
or who shall violate any of the provisions of this chapter, or who
shall resist or obstruct the Borough or its agents in the cutting
and removal of trees, shall be punished, upon conviction, by a fine
not exceeding $300 for each violation. Each day that a violation or
failure to comply with any provision of this chapter or any regulations
promulgated hereunder by the Borough Council occurs, such violation
shall constitute a separate and distinct violation.
