[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:
A.
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.
B.
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.
C.
Plant any tree or shrub.
D.
Fasten any rope, electric wire attachment, sign or other
device to a tree or shrub, or to any guard about such tree or shrub.
E.
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.
F.
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.
A.
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.
B.
The provisions of this section shall not apply to a planting
to replace a tree or trees heretofore planted by the Commission.
A.
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.
B.
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.
