The regulation, planting, care and control of
shade and ornamental trees and shrubbery upon and in the streets,
highways, public places, parks and parkways, (if any), of this municipality
(except state highways, unless the State Highway Department shall
assent thereto, and except county highways, parks and parkways, unless
the County Shade Tree Commission shall assent thereto) shall be exercised
by and be under the authority of said Commission.
The Commission shall organize within 30 days
after the appointment of its membership for the remainder of the then
calendar year and thereafter shall organize annually by the election
of one of its members, who is not a Councilman, as Chairman and the
appointment of a Secretary.
A Shade Tree Commission organized under this
chapter shall have the power to:
A. Regulate and control the indiscriminate destruction
of trees and shrubs on private property as described herein.
B. Exercise full and exclusive control over the regulation,
planting and care of shade and ornamental trees and shrubbery now
located or which may hereafter be planted in any public highway, park
or parkway, except such as are excluded pursuant to N.J.S.A. 40:64-1
in the municipality, including the planting, trimming, spraying, care
and protection thereof.
C. Regulate and control the use of the ground surrounding
the same so far as may be necessary for the proper growth, care and
protection.
D. Move or require the removal of any tree or shrub or
part thereof dangerous to public safety.
E. Have treated or destroyed any tree, located upon private
property, believed to be diseased or to harbor destructive insects
and liable to infect healthy trees on adjoining property. The municipality,
through the Shade Tree Commission, may, with the consent of the property
owner and upon confirmation of the suspected condition by a certification
of the New Jersey Department of Agriculture, have such tree treated
or removed.
[Amended 6-30-1998 by Ord. No. 1998-8; 9-14-2021 by Ord. No. 2021-14]
Any person violating any provision of this chapter
shall, upon conviction, be punishable by a fine not exceeding $1,000
(nor less than $100) or imprisonment for a term not exceeding 90 days
or a period of community service not exceeding 90 days, or any combination
thereof.
All moneys collected either as fines or penalties
for any violations of a rule or regulation of the Shade Tree Commission
or as a charge against real estate under any provision of this chapter
shall be forthwith paid over to the custodian of the municipal funds.
Nothing in this chapter contained shall be construed
to make any Shade Tree Commission or any member thereof responsible
for the death or injury of any person or for an injury to any property
or highway tree or shrub.
[Added 5-28-1985 by Ord. No. 1985-9]
The Stanhope Shade Tree Commission and the Borough
Police Department shall be the enforcement agents of the provisions
of this chapter.