[HISTORY: Adopted by the City Council of the City of Long Branch 1-26-1971
by Ord. No. 590 as Sec. 17-1 of the 1971 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Shade and ornamental trees and shrubbery now located or which may
hereafter be planted in any public street, park or parkway in the city except
those located or planted on county highways, parks and parkways and state
highways.
All streets, roads, roadways, public highways, parks or parkways,
public alleys, public places in the city except county parks, parkways and
highways and state highways.
A.
No person shall plant or cause to be planted any shade
or ornamental tree or shrub in any street or park unless the planting shall
have been first approved and the place where it is to be planted designated
by the Council of the City of Long Branch or its designee and a permit has
been granted.
[Amended 11-9-1999 by Ord. No. 41-99]
B.
No person shall do or cause to be done by others to any
tree, shrub or plant on a public street or place either purposely, carelessly
or negligently or in any manner without the permission of the Council of the
City of Long Branch or its designee any of the following acts:
[Amended 11-9-1999 by Ord. No. 41-99]
C.
No person shall, without permission of the Council of
the City of Long Branch or its designee, place or maintain upon the ground
in any public street or place any stone, cement or other sidewalks or any
stone, cement or other substance which shall impede the free access of air
and water to the roots of any tree or shrub in any public street or place.
[Amended 11-9-1999 by Ord. No. 41-99]
D.
Nothing in this section shall prevent a governmental
agency from affixing a public notice to a tree in connection with administering
governmental affairs.
An open space of not less than two feet outside the trunks of trees
at their bases on all sides shall be maintained on all trees on public streets,
except where limited by curb or sidewalk.
A.
No person shall place salt, brine, oil or other substances
injurious to plant growth in any public street or place in such manner as
to injure any tree or shrub.
B.
No person shall build any fire or station any tar kettle,
road roller or other engine in any public street in such a manner that the
heat vapors or fumes may injure any tree or shrub.
A.
No person shall lay any sidewalk along or open, construct,
curb or pave any street or do any like act so as to interfere with or do injury
to any street shade tree without the consent of the Council of the City of
Long Branch or its designee.
[Amended 11-9-1999 by Ord. No. 41-99]
B.
No statute giving any person or state, county or municipal
board, body or official power or authority to lay any sidewalk along or open,
construct, curb or pave any street, or do any similar act, shall be construed
to permit or authorize any interference with or injury to a shade tree within
the city without the consent of the Council of the City of Long Branch or
its designee.
[Amended 11-9-1999 by Ord. No. 41-99]
C.
Nothing in this section shall be held to take away or
diminish any of the powers or authority of any county park commission over
the trees or shrubbery in the county park or parkway within its jurisdiction
or to give any other commission or board any power or authority with respect
to the trees or shrubbery.
D.
In the erection, altering or repairing of any building
or structure, the owner or contractor shall place guards around all nearby
trees in public streets or places as will effectually prevent injury to the
trees.
E.
No person shall excavate within two feet of any tree
or shrub without the permission of the Council of the City of Long Branch
or its designee.
[Amended 11-9-1999 by Ord. No. 41-99]
F.
Shovels and all other implements, machines and tools
shall be used or operated in such a manner as not to damage or destroy any
tree, shrub or plant in any public street or place.
G.
Where in authorized excavations it becomes necessary
to expose or cut roots more than one inch in diameter, it shall be the duty
of the contractor to protect such roots under advice from the Council of the
City of Long Branch or its designee.
[Amended 11-9-1999 by Ord. No. 41-99]
[Amended 11-9-1999 by Ord. No. 41-99]
A.
No person shall, without permission of the Council of
the City of Long Branch or its designee, attach or fasten any wire, insulator
or other device for holding any wire to any tree or shrub in any public street
or place.
[Amended 11-9-1999 by Ord. No. 41-99]
A.
The Council of the City of Long Branch or its designee
shall have the power to remove or require the removal of any tree or part
thereof on public or private lands when it has been determined to be dangerous
to public safety.
B.
The Council of the City of Long Branch or its designee
shall give reasonable notice of its intention to remove or cause the removal
of a tree or part thereof dangerous to public safety unless public safety
requires immediate removal, in which case no notice shall be necessary.
[Amended 11-9-1999 by Ord. No. 41-99]
A.
Where the permission, consent or approval of the Council
of the City of Long Branch is required by the provisions of this chapter,
any person required to obtain its permission, consent or approval shall first
make application to the Council of the City of Long Branch or its designee.
B.
No person shall prevent, delay or in any manner interfere
with the Council of the City of Long Branch or its designee or its designated
agents in the performance of its lawful duties.
