[HISTORY: Adopted by the Borough of Rutherford Shade Tree Commission
7-29-1941 by Ord. No. 1-41. Amendments noted where applicable.]
[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]
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 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.
No person shall enter upon any portion of the lawn or ground within
a public park when notified by a sign placed in such park or by a police officer
not to enter upon such lawn or ground.
[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]
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.
[Amended 8-6-1991 by Ord.
No. 2617-91]
No person shall, without the written permit of the Borough of Rutherford
and/or its agents, place any booth, stand or other structure or any station
wagon or other vehicle in any public park.
No person shall offer any article for sale, display any advertising
device or distribute any circulars or cards in a public park.
[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.
This chapter shall take effect immediately upon publication according
to law.
