[Ord. 455, 11/6/2013]
1. 
The Council of the Borough of Saxonburg shall have exclusive custody and control of the shade trees and other plant materials (grass excepted) within the rights-of-way of curbed, public highways and certain parks of the Borough, or of trees whose branches extend over and above any such streets and highways or whose continued existence shall be a menace to the public using such streets and highways.
2. 
The Borough Council shall employ the service of a certified arborist or landscape professional, when necessary, who shall counsel and advise the Borough Council in the care, planting, removal and maintenance of plant material, shade trees and park trees within its jurisdiction as provided by this Part.
[Ord. 455, 11/6/2013]
As used in this Part, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Saxonburg, Butler County, Pennsylvania.
BUILDING FOUNDATION GREEN STRIP
The area immediately adjacent to some buildings on Main Street, located between the building and the sidewalk, allowing for plantings by the property owner.
COUNCIL
The elected members of the Borough Council of Saxonburg.
PARK
Includes Roebling Park, Aderhold Park or any other park adopted by the Borough.
PARK TREE
Any tree, shrub, or other woody plant in a park having an individual name, such as Roebling Park.
PERSON
Any natural person, partnership, association, firm or corporation. The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.
SHADE TREE
Any tree, shrub or other woody plant within the right-of-way of any curbed public street within the Borough, or that part of any tree, shrub or other woody plant which extends within the lines of any curbed public street within the Borough.
TREE TOPPING
The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this definition if so determined by the Borough Council.
[Ord. 455, 11/6/2013]
1. 
The following species constitute the official list of shade trees for the Borough. No species other than those included in this list may be planted as shade trees without written permission of the Borough Council.
A. 
Scarlett hawthorn, Cleveland select callery pear, jack pear tree, golden rain tree, red bud, amur maple, and crimson king maple.
2. 
The Borough Council may add to and delete from this list of authorized species as recommended by a certified arborist.
[Ord. 455, 11/6/2013]
1. 
It shall be unlawful for any person, firm or corporation, without the written permission of the Borough Council, to:
A. 
Prune, bolt, spray, brace, paint or remove any tree, shrub or evergreen from within the limits of any curbed public street or park, nor shall they interfere with the main roots in any way nor place nor affix any poster or other fixture upon any tree or guard, shrub or evergreen, so located, nor remove any device to protect same, nor shall they park an automobile or other vehicle nor pile any harsh or heavy materials against, nor shall they hang anything from any tree, shrub or evergreen within the limits of any curbed public street or park within the Borough.
B. 
Place or hereafter maintain or park upon the ground within any curbed public right-of-way any stone, concrete, brick, mastic paving, gravel, or other substance which might impede the free passage of air and water to the roots of any tree, shrub or evergreen without leaving a clear space of at least eight square feet surrounding the trunk of the tree or evergreen or the base of any shrub.
C. 
Top any shade tree on public property.
D. 
Plant or cause to be planted within the rights-of-way of any curbed street or highway or park within the Borough any Carolina poplar, willow or catalpa trees.
2. 
The prohibitions contained in this § 23-104 do not pertain to the building foundation green strip. This green strip is provided for the property owner for plantings of flowers, shrubs, and appropriate foliage which must be maintained and may not restrict pedestrian traffic flow on the sidewalk.
[Ord. 455, 11/6/2013]
The Borough shall have the right to cause the removal of any dead or diseased shade trees within the Borough when such trees constitute a hazard to life and property or harbor insects or diseases which constitute a potential threat to other trees within the Borough. The Borough will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Borough shall have the authority to remove such trees and charge the cost of removal to said owners. If such costs are not paid within 60 days from the date of notice, a claim shall be filed and collected by the Borough Solicitor in the same manner as municipal claims are by law filed and collected.
[Ord. 455, 11/6/2013]
All stumps of shade trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
[Ord. 455, 11/6/2013]
It shall be unlawful for any person to prevent, delay or interfere with the Borough Council, or any of its agents, while engaging in and about the planting, cultivation, mulching, pruning, spraying or removing of any shade trees on private grounds, as authorized by this section.
[Ord. 455, 11/6/2013]
The cost and expense of caring for existing shade trees or shade trees hereafter planted by the Borough Council shall be paid by the Borough Council, with funds appropriated by Borough Council, except as otherwise provided by law.
[Ord. 455, 11/6/2013]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a penalty of not more than $1,000.