[HISTORY: Adopted by the Borough of Rutherford Shade Tree Commission 7-29-1941 by Ord. No. 1-41. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 21 and Ch. 53.
Collection of vegetative waste — See Ch. 40.
Playground and recreation areas — See Ch. 73.
Tent caterpillar control — See Ch. 116.
[Amended 8-6-1991 by Ord. No. 2617-91]
No person, firm, corporation or individual connected with such firm or corporation shall do or cause to be done by others, either purposely, carelessly or negligently, without the written permit of the Borough of Rutherford and/or its agents, any of the following acts: cut, prune, break, climb, injure or remove any living tree, shrub or plant; or cut, disturb or interfere in any way with the roots of any trees, shrub or plant; or place any rope, sign or poster or other fixture on any tree or guard; or injure, misuse or remove any device placed to protect such tree, shrub or plant, upon any highway, public place or park under the supervision or control of the Borough of Rutherford.
[Amended 4-14-1959 by Ord. No. 1-59; 8-6-1991 by Ord. No. 2617-91; 12-23-2024 by Ord. No. 3707-24]
A. 
No shade or ornamental tree, shrub or plant shall be planted in any of the parks, public places or highways until such tree, shrub or plant shall have first been approved and the place where it is to be planted designated by the Borough of Rutherford and/or its agent and a permit granted therefor.
B. 
Except as hereinafter provided, the initial cost of all trees planted by the Borough of Rutherford and/or its agents, the cost of planting the same and the cost of posts, boxes and guards used for the protection thereof shall be a charge upon the real estate, in front of which such tree or trees shall be planted, as an improvement thereof. Such costs, unless paid directly to the Borough of Rutherford, shall be certified by it to the Collector of Taxes of the Borough of Rutherford.
C. 
The property between the curb in the sidewalk is within the Borough's right-of-way. Except as set forth herein, no plantings, irrigation or sprinkler systems shall be placed within this right-of-way area. The Borough shall not be responsible for any damages to any irrigation or sprinkler system located in this right way.
D. 
The provisions of this section shall not apply to a planting to replace a tree or trees theretofore planted by the Borough of Rutherford.
A. 
No person, firm or corporation shall, without the written permit of the Shade Tree Commission,[1] place or maintain upon the ground in any park or public highway any stone, cement, building material or other matter or substance which shall impede the free passage of water, air and fertilizer to the roots of any tree, shrub or plant in such highway or park.
[1]
Editor's Note: The Shade Tree Commission was abolished by Ord. No. 2614-91. Permission is required from the Borough of Rutherford or its agent.
B. 
An open space of not less than two feet outside the trunks of trees at their bases on all sides must be maintained on all trees on public highways.
A. 
In the erection, alteration or repair of any building or structure, the owner and contractor thereof shall place such guards around all nearby trees in public highways and parks as will effectually prevent injury to such trees.
B. 
No person shall pile any building material or make or mix any mortar or cement within six feet of any highway trees or shrubs.
C. 
No person, firm, corporation or individual shall do any excavating within two feet of any growing tree or shrub without the written permission of the Shade Tree Commission.
D. 
Steam shovels and all other implements, machines and tools shall be used or operated in such a manner as not to damage or destroy any tree, shrub or plant in any public highway or park.
No person shall place salt or pour salt water upon any public highway or park in such a manner as to injure any tree, shrub or plant growing thereon.
[Amended 8-6-1991 by Ord. No. 2617-91]
No person shall, without the written permit of the Borough of Rutherford and/or its agent, attach or fasten any electric, telephone, telegraph or other wire or insulator, or any device for holding any of the foregoing, to any tree growing or planted in any park or public highway.
Every person, firm or corporation having or maintaining any electric, telephone, telegraph or other wires running through a public highway or park shall securely fasten and maintain such wires in such a manner as will safeguard the trees and shrubs against any damage therefrom and shall make periodic adjustments whenever necessary to prevent damage to trees and shrubs growing in any public highway or park.
[Amended 8-16-1991 by Ord. No. 2617-91]
No person, firm or corporation shall prevent, delay or in any manner interfere with the Borough of Rutherford and/or its agents in the performance of their lawful duties.
[Amended 8-6-1991 by Ord. No. 2617-91]
No person shall, except at such time and under such regulations as may be designated by the Borough of Rutherford and/or its agents, play at any game in a public park.[1]
[1]
Editor's Note: See also Ch. 73, Playgrounds and Recreation Areas.
No person shall leave or deposit any paper or other waste materials in any public park, except in such receptacles as may be provided therein for that purpose.
[1]
Editor's Note: See also Ch. 21, Clean Environment, and Ch. 53, Littering.
[Amended 4-14-1959 by Ord. No. 1-59]
Any person, firm, partnership or corporation who shall willfully, carelessly or negligently damage or destroy a tree, shrub or plant in a public highway, street or park shall be required to pay the cost of remedying said damage.
[Amended 4-14-1959 by Ord. No. 1-59]
Any person, firm, partnership or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not exceeding $200 for each violation.
All prior ordinances or parts of ordinances concerning the Shade Tree Commission are hereby repealed.