The Borough of Rocky Hill finds and declares
that the public health, safety and welfare require that the streets,
sidewalks, walkways and traffic control signs within its borders be
visible and free of obstruction in order to allow both vehicular and
pedestrian traffic to travel freely and to allow for unimpeded access
to emergency vehicles. Further, in accordance with N.J.S.A. 40:48-2.13,
the Borough of Rocky Hill finds and declares that, where it shall
be necessary and expedient for the preservation of the public health,
safety, general welfare or to eliminate a fire hazard, the Borough
shall require that property owners treat, remove or destroy any diseased,
dead or dying trees, or parts thereof, such as branches, stumps, or
roots that constitute a public hazard.
Any person who shall break, cut, mutilate, injure
or destroy any shade or ornamental tree or bush standing anywhere
within the Borough of Rocky Hill, except the owner or his agent of
such land upon which the shade or ornamental tree or bush is growing,
shall be deemed to have violated this chapter.
It shall be the responsibility of the owner
of the property adjoining a public street, sidewalk or walkway to
trim all shade or ornamental trees or bushes on his property so that
the branches of such trees or bushes shall not overhang or extend
over such public street at a height of less than 10 feet and at a
height of less than eight feet above the surface of the sidewalk or
walkway.
It shall be the responsibility of the owner of the property
to administer treatment to, or remove, any tree situate upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees, provided the suspected
condition is first confirmed by certificate issued by or on behalf
of the New Jersey Department of Agriculture.
If any such trees or bushes shall overhang such public street, sidewalk or walkway, as defined in §
181-3; or be diseased, as defined in §
181-3.1; or be dangerous to the public safety, as defined in §
181-3.2 above, the owner of such property upon which said tree or bush is situate shall be noticed of such fact by the Borough Constable that such vegetation is not in compliance with this chapter. Thereafter, such owner shall have 10 days after notice to trim, treat, or remove the tree, or parts thereof, or bush or otherwise correct the violation of this chapter.
It shall be the responsibility of the owner
of the property adjoining a public street, sidewalk or walkway to
trim all shade or ornamental trees or bushes on his property so that
the branches of such trees or bushes shall not overhang or cover any
traffic control signal or sign, or any other sign.
If such owner shall fail to correct the violation of this chapter
within 10 days of the Borough Constable's notice of violation,
it shall be the responsibility of the Borough Constable to issue a
summons or complaint to the owner of the property for a violation
of this chapter and such summons or complaint shall be heard by the
Municipal Court of the Borough of Rocky Hill.
The Borough Constable may issue a summons or complaint to the
owner of the property 10 days after the initial notice of violation,
and every seven days thereafter, that the trees or bushes continue
to be in violation of this chapter and such violation shall be subject
to the issuance of a separate summons or complaint to the owner of
the property. Each such summons or complaint shall be considered a
separate and distinct violation.
The owner of lands abutting or bordering upon the public street,
sidewalk or walkway in the Borough of Rocky Hill shall trim, treat,
or remove the tree, or parts thereof, or bush or otherwise correct
the violation of this chapter within 10 days after notice to remove
the same.
A violation of this chapter shall, upon conviction, be punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty, herein, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.