[HISTORY: Adopted by the Mayor and Council of the Borough of Riverdale 8-1-1941 by Ord. No. 19. Amendments noted where applicable.]
No person, firm or corporation shall do, or cause to be done, any of the following acts upon a public highway within the Borough of Riverdale without the written permit of the Shade Tree Commission:
Cut, trim, break, climb with spikes, disturb the roots of, or otherwise injure, or spray with any chemical, or remove, any living tree or shrub; or injure, misuse or remove any structure or device placed to support or protect such tree or shrub.
Kill or remove, or cause, authorize or procure the death or removal of any tree planted or growing in any public highway, or any tree or plant planted or growing in any Borough park.
Plant any tree or shrub.
Fasten any rope, electric wire attachment, sign or other device to a tree or shrub, or to any guard about such tree or shrub.
Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water or fertilizer to the roots of such tree or shrub.
Pile any building material, or make any mortar or cement within six feet of a tree or shrub.
It shall be lawful for the Shade Tree Commission of the Borough of Riverdale to cause or order any tree or trees to be removed from the highway of the Borough of Riverdale which have become dangerous through decay or otherwise, to public safety on said highway and the costs of removal of said tree or trees shall be a charge upon the real property in front of which such tree or trees shall be removed. Such cost shall be certified by the Commission to the Collector of Taxes of the municipality, and shall thereupon become and be a lien upon said property, and shall be included in the next tax bill rendered to the owner or owners thereof, and shall be collected in the same manner as other taxes against said property.
Notice under this section shall be served personally at least 10 days before such removal on the abutting property owner or by publication, unless, in the opinion of the Commission, immediate removal is necessary for public safety.
The provisions of this section shall not apply to a planting to replace a tree or trees heretofore planted by the Commission.
Every person, firm or corporation having control over any wire for the transmission of an electric current along a public highway shall at all times guard all trees through which or near which such wire passes against any injury from the wire or from the electric current carried by it. The device or means used shall in every case be subject to approval by the Shade Tree Commission.
No person, firm or corporation shall maintain or permit to remain or continue any wire or other conductor charged with electricity owned or controlled by such person, firm, or corporation, which comes into contact with any tree or plant in any park or street in the Borough of Riverdale in such a manner as may destroy and kill such tree or plant.
No person, firm or corporation shall hitch or fasten an animal to any tree or shrub upon a public highway or to any guard or support provided for the same, or shall permit an animal to bite or otherwise injure any such tree or shrub.
No person, firm or corporation shall permit any brine, water, oil, liquid dye, or other substance deleterious to tree life, to lie, leak, pour, flow or drift on or into the soil about the base of a tree in any public highway or Borough park in the Borough of Riverdale, or onto the sidewalks, road or pavement therein, at a point whence such substance may be lying or flowing, dripping or seeping into such soil, or in any other manner whatever, injurious to such tree; or to cause or procure such lying, leaking, flowing, dripping, seeping and injury.
No person, firm or corporation shall prevent, delay or interfere with any lawful work undertaken by the Shade Tree Commission or its authorized agent.
To plant or set out any shade trees, or cause or authorize or procure any person to plant or set out any shade tree, in or on any part of any public highway in the Borough of Riverdale, without first obtaining from the Shade Tree Commission a written permit so to do or without complying in all respects with the conditions set forth in such written permit.
Any person, firm, or corporation which shall violate or authorize or procure a violation of any of the provisions of this chapter shall, upon conviction thereof, forfeit and pay a penalty or fine of not more than $100 for each and every offense or be imprisoned in the county jail for not more than 15 days for each and every offense, and the Judge before whom any such person, firm or corporation may be brought may impose such punishment by fine or imprisonment in the county jail as he may see fit, not exceeding the maximum herein fixed.
If any person, firm or corporation shall continue to violate any of the provisions of this chapter, after being duly notified of such violation, or shall neglect or refuse to comply with a lawful order of the Shade Tree Commission, a second or subsequent notification or order shall be construed as an additional violation of this chapter, and each such additional offense shall subject the offending party, upon conviction to the same fine or penalty as provided by § 181-9 of this chapter.