The Superintendent of Highways of the Town of
Tonawanda shall direct, regulate and control the planting, care and
removal of all trees now growing or hereafter planted within the right-of-way
lines of streets and highways in the Town of Tonawanda, outside the
corporate limits of the Village of Kenmore. He shall cause the provisions
of this chapter to be enforced. In his absence, these duties shall
be the responsibility of an official designated by the Town Superintendent
of Highways.
As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
All firms, associations and corporations and all persons
connected with such firms, associations and corporations.
PUBLIC TREE OR PUBLIC TREES
Any tree or trees planted, growing or located within the
right-of-way lines of any highway wholly or partly within the Town
of Tonawanda.
STREETS OR HIGHWAYS
All lands lying between the right-of-way lines of all public
streets, roads, boulevards and alleys.
TREES
All woody vegetation now or hereafter growing within the
right-of-way lines of streets or highways.
Every written permit issued by said Superintendent
of Highways shall describe the work to be done, shall specify the
species or variety and the size, nursery grade and location, shall
briefly specify the method of planting and the method of support and
trimming of all trees concerned and shall contain a definite expiration
date. Any permit may be declared void if its terms are violated.
No person shall fasten any sign, wire, rope
or other material to or around or through any public tree in the Town
of Tonawanda, except by written permit from the Superintendent of
Highways, except in emergencies such as storms or accidents.
No person shall deposit, place, store or maintain
within the right-of-way limits of any street or highway in the Town
of Tonawanda any stone, brick, sand, concrete, asphaltic blacktop
or other materials which may impede the free passage of water, air
and fertilizer to the roots of any tree growing therein, except by
written permit of the Superintendent of Highways.
No person shall break, injure, mutilate, kill
or destroy any tree or permit any fire to burn where such fire will
injure any portion of any tree within the right-of-way lines of any
highway or street; and no person shall knowingly permit any leak to
exist in any gas pipe within the root zone of any public tree. No
person shall permit any toxic chemical to seep, drain or be emptied
on or about any public tree; and no person shall knowingly permit
electrical wires to come in contact with any public tree or trees
unless protected by approved methods. No person shall attach any electrical
insulation to any public tree or excavate any ditches, tunnels or
trenches or lay any drive within a radius of six feet from any public
tree, without first obtaining a written permit from said Superintendent
of Highways. During building operations, the builder shall erect the
suitable protective barriers around public trees apt to be injured,
after obtaining a written permit from said Superintendent of Highways.
Any tree or parts thereof growing upon private
property but overhanging or interfering with the use of any street
or highway, that in the opinion of said Superintendent of Highways
endangers the life, health, safety or property of the public, shall
be declared a public nuisance. The owner shall be notified in writing
by registered or certified mail of the existence of the nuisance and
given a period of 15 days for its correction or removal. If not corrected
or removed within that period of time, said Superintendent of Highways
shall cause the nuisance to be corrected or removed, and the cost
thereof shall be assessed to the owner as provided by law.
All permits issued for the installation of public
utilities that affect public trees shall be certified by said Superintendent
of Highways. When a permit is issued to a public utility to trim public
trees or do other operations affecting public trees, the work shall
be limited to the actual necessities of the service of the company,
and such work shall be done in a neat and workmanlike manner. Said
Superintendent of Highways may, if necessary, assign an inspector
to supervise the provisions of the permit, and the cost of such services
shall be charged to the public utility at cost.
No person shall prevent, delay or interfere
with said Superintendent of Highways or any of his assistants in the
execution or enforcement of this chapter.
[Amended 5-21-1984 by L.L. No. 8-1984]
A. Any violation by a person, firm or corporation of
any provision of this chapter shall be deemed a violation punishable
by a fine not to exceed $250 or by imprisonment for a period not to
exceed 15 days, or both.
B. Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C. Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.