The Township shall have exclusive custody and
control of those trees that are located within the area where the
Township owns the right-of-way in fee of any Township street and/or
Township-owned property and is authorized to plant, remove and protect
such trees.
A. Except in cases of emergency work necessary for protection
of life or property, it shall be a violation of this chapter for any
person, without first obtaining Township approval, to do any of the
following:
[Amended 7-12-2011 by Ord. No. 129-G-11]
(1) Cut, break, climb with spurs, injure in any manner
or remove any tree.
(2) Cut down any tree or interfere in any manner with
the main roots of any tree.
(3) Place any rope, guy wire, cable, sign, poster or other
fixture on a tree.
(4) Injure, misuse or remove any device placed to protect
trees.
(5) Place or install any stone, cement or other substance
which shall impede the passage of water and air to the roots of any
tree.
B. Emergency work. Notwithstanding any other provisions
of this chapter, the Township shall have the right, without prior
notice to any property owner, to perform any act/acts necessary to
abate clear, present and immediate threats to the public health, safety
or welfare caused by the condition of trees or parts thereof of those
trees that are located within the area where the Township owns in
fee the right-of-way of any Township street. The Township shall have
the right to assess the cost of such summary abatement against the
person whose action or inaction caused such threat to the public health,
safety or welfare.
[Amended 7-12-2011 by Ord. No. 129-G-11]
Any person who violates or permits the violation
of any provision of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township before
a District Justice, pay a fine for each such violation in an amount
not less than $100 and not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township. No judgment
shall be imposed until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure.