The Commission shall organize within 30 days after the appointment of
its total membership for the remainder of the then-calendar year, and thereafter
annually by the election of one of its members as Chairman and the appointment
of a Secretary, who need not be a member. The salary of the Secretary, who
may be compensated even if a member of the Commission, shall be fixed by the
governing body of the municipality; the salary of all other employees shall
be fixed by the Commission. All salaries shall be fixed as nearly as practicable
in accordance with the salary schedule, if any, of the municipality for corresponding
positions.
Any vacancy occurring by reason of the death, resignation or removal
of any Commissioner shall be filled for the unexpired term by the authority
having power to make the original appointments.
The Shade Tree Commission shall have the power to:
A. Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be placed in any public highway, park or parkway, except such as are excluded pursuant to §
74-1 of this chapter, including the planting, trimming, spraying, care and protection thereof.
B. Regulate and control the use of the ground surrounding
the same so far as may be necessary for their proper growth, care and protection.
C. Move or require the removal of any tree, or part thereof,
dangerous to public safety.
D. Care for and control such parks and parkways, encourage
arboriculture; make, alter, amend and repeal, in the manner prescribed for
the passage, alteration, amendment and repeal of ordinances by the governing
body of the municipality, any and all ordinances necessary or proper for carrying
out the provisions hereof.
E. Administer treatment to, or remove, any tree situate
upon private property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the municipality
and enter upon private property for that purpose, with the consent of the
owner thereof, provided the suspected condition is first confirmed by certificate
issued by or on behalf of the Department of Agriculture.
In every case where the property of an abutting owner will be chargeable
with the cost of planting of any shade tree or trees, the Commission shall
give notice of the meeting at which it is proposed to consider said planting
by publishing the notice at least once, not less than 20 days before the meeting,
in a newspaper circulating in the municipality, or by personal service of
a copy of the notice upon the abutting owner at least 10 days before the meeting.
The notice shall specify the street, streets, or portions thereof, on which
such planting is proposed and require all persons who may object thereto to
present their objections in writing at the office of the Commission at or
before the meeting. Before final action shall be taken, all objections so
filed shall be considered. The Commission shall give reasonable notice of
its intention to remove, or cause the removal of, a tree, or part of a tree,
dangerous to public safety, unless public safety requires immediate removal,
in which case no notice shall be necessary.
All moneys collected in any municipality, either as liens or penalties,
for any violation of a rule or regulation of a Shade Tree Commission or as
a charge against real estate, under any provision of this chapter shall be
forthwith paid over the municipal officer empowered to be custodian of the
funds of the municipality.