[HISTORY: Adopted by the Shade Tree Commission (now Borough Council) of the Borough of Pemberton 3-17-1958 by Ord. No. 1958-1 (Ch. 87 of the 1975 Code). Amendments noted where applicable.]
Shade Tree Commission — See Ch. 39.
As used in this chapter, the following words shall have the meaning hereinafter ascribed to them:
- Extends and applies to associations, firms, partnerships and corporations as well as to individuals.
- SHADE TREE
- Includes shade and ornamental trees and shrubbery planted or growing upon and in the streets, highways, public alleys, public places, parks and parkways in the Borough of Pemberton, except as provided in § 191-6 below.[Amended 7-19-1971 by Ord. No. 3-1971]
No person shall commit any of the following acts:
In any way or by any means cut, prune, break, climb, injure or remove any shade tree, or cut, disturb, damage or interfere in any way with the roots or bark or other part of any shade tree, or do anything likely to damage any shade tree, or spray, paint or coat any shade tree with any chemicals or insecticides or other deleterious substance, or place any rope, sign, poster or other fixture on a shade tree or the guard thereof, or injure, misuse or remove any device placed to protect such shade tree, provided that nothing herein shall prevent any governmental unit or agency from tying a public notice upon a tree in connection with the administration of public affairs.
Erect or repair any building, structure, curb, sidewalk or street or do other work in the vicinity of any shade tree whereby damage thereto may ensue, without first placing such guards around all nearby shade trees as will effectually prevent injury thereto.
Pile any building material or make or mix any mortar or cement within six feet of any shade tree.
Operate steam shovels or other implements, machines or tools in such a manner as to injure a shade tree.
Do any excavating within two feet of any shade tree where possible to avoid doing so.
Permit any tar kettle, road roller or other engine to stand in such a manner as to injure a shade tree.
Cause, authorize, allow, suffer or permit any gas, salt or brine water, oil, liquid dye, arsenical weed killer or other substance deleterious to tree life to lie, lead, pour, flow, seep or drip on or into the soil about the base of a shade tree.
Make or permit any fire between the sidewalk and the curb or in any area where a shade tree or any part thereof may become injured.
Without the permission of the Borough Council first applied for and given in writing, attach or fasten any electric, telephone, telegraph wires, guy wires, cables or insulators, or any device for holding any of the foregoing, to any shade tree.
Having or maintaining any electric, telephone, telegraph or other wires running through a public highway or park, fail to securely fasten and maintain such wires in such a manner as will safeguard the shade trees against any damage therefrom, or fail to make periodical adjustments thereof whenever necessary to prevent damage to shade trees or whenever requested by the Borough Council.
Prevent, hinder, delay or in any manner interfere with the Borough Council or its authorized agents or representatives in the performance of their lawful duties.
Place or maintain upon or under the surface of the ground in any street in the Borough of Pemberton any cement, stone, flagging or other material or substance within two feet of the trunk of any shade tree or in such manner as to obstruct the free access of air and water to the roots of any shade tree where there is sufficient room to avoid doing so.
By any means or in any manner willfully, carelessly or negligently damage or destroy a shade tree.
No shade or ornamental tree or shrub shall be planted in any of the public highways of this Borough, or pruned, removed or transplanted, without the written permission of the Borough Council first applied for and obtained and an amount sufficient to defray the cost thereof, as determined by the Borough Council, deposited with the application. No such permission to plant a shade tree shall be granted unless the location affords sufficient room for future growth of said tree and the species and planting thereof will serve the best interests of the public, and the selection of the tree and planting shall be done by the Borough Council, its authorized representative or other person approved by it in its written permission.
Any person requesting the removal or transplanting of any shade tree, which removal or transplanting, in the opinion of the Borough Council, is of no advantage to the general public, shall pay the cost of such work as fixed by the Borough Council. Said cost of removal or transplanting shall be based upon the size and condition of the tree, among other factors. A deposit sufficient to cover the cost of said work shall be made before the work is started.
Any person found guilty of violating any of the provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, Article I, of the Code of the Borough of Pemberton.
[Added 7-19-1971 by Ord. No. 3-1971]
The provisions of this chapter shall not apply to any streets, highways, roads, roadways, public alleys, public places, parks and parkways which are owned, maintained or controlled either by the County of Burlington or by the State of New Jersey.