[HISTORY: Adopted by the Town Board of the Town of Tonawanda 10-10-1966
by L.L. No. 3-1966. Amendments noted where applicable.]
GENERAL REFERENCES
Christmas tree sales — See Ch. 63.
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:
All firms, associations and corporations and all persons connected
with such firms, associations and corporations.
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.
All lands lying between the right-of-way lines of all public streets,
roads, boulevards and alleys.
All woody vegetation now or hereafter growing within the right-of-way
lines of streets or highways.
A.
No person shall plant a shrub, shrubbery or bushes within
the right-of-way lines of any highway within the Town of Tonawanda. No person
shall hereafter plant any tree within the right-of-way lines of any street
or highway in the Town of Tonawanda, outside the corporate limits of the Village
of Kenmore, or cause such acts to be done by others, without first obtaining
a written permit from the Superintendent of Highways of the Town of Tonawanda,
to be approved by the Town Board of said town; and no person shall hereafter
remove, move, spray, brace, trim, do surgery work, cut above or below ground,
disturb or alter any tree within the right-of-way lines of any street or highway,
without first obtaining a written permit from the Superintendent of Highways
of the Town of Tonawanda, who shall issue such permits if, in his judgment,
the work is necessary and the proposed methods of workmanship are of a satisfactory
nature. A permit shall not be required to cultivate or water.
B.
As a condition to any permit to remove any public trees,
said Superintendent of Highways may require that the permittee plant one or
more trees in place of the one removed. Whenever any such tree has been removed
or destroyed pursuant to any such conditional permit, and if the permittee
fails, refuses or neglects to plant another tree or other trees of the type,
size and at the location specified in the permit, within the time specified
by said Superintendent of Highways from the date of the issuance of the permit,
then such replacement tree or trees may be planted by the Superintendent of
Highways and the cost thereof assessed against the property according to law.
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.
