[HISTORY: Adopted by the Borough Council
of the Borough of Steelton 5-20-1976 by Ord. No. 76-4, approved 5-20-1976. Amendments
noted where applicable.]
The Shade Tree Commission shall have the authority
to adopt such rules and regulations as may be necessary for the purpose
of carrying out the intent of this chapter. Such regulations for the
planting, care, trimming and removal of trees shall not only be aimed
at the elimination of economic waste by reason of damage to public
property and/or the property of others and the public health, safety
and welfare, but also the beautification of the streets, highways,
avenues, parks, parkways and other public areas of the Borough of
Steelton. In carrying out the provisions of this chapter, it may be
guided by the standards laid down by the National Shade Tree Conference
or any other similar organization which promulgates standards which
would carry out the intent of this chapter.
The Shade Tree Commission shall have the authority
to promulgate additional rules not inconsistent with the provisions
of this chapter, subject to the approval of the Borough Council.
From and after the effective date of these regulations,
the Shade Tree Commission shall have custody and control of the shade
trees on the public highways of the Borough and shall have authority
to plant, remove, maintain and protect such trees.
As used in this chapter, the following terms
shall have the meanings indicated:
COMMISSION
The Shade Tree Commission of the Borough of Steelton.
PERMIT
A permit in writing as issued by the Secretary of the Shade
Tree Commission.
PERSON
Any individual, firm, association or corporation.
SHADE TREE
Any shade tree, shrub or other woody plant on any public
highway in the Borough of Steelton, or that part of any tree, shrub
or other woody plant which extends within the lines of any public
highway in said Borough.
The application for any permit required hereunder
shall be made in writing to the Borough Secretary upon forms furnished
by him and shall specify the particular kind of work or operation
the applicant desires to perform thereunder and shall state the exact
location and species of any shade tree or trees affected and shall
be accompanied by a permit fee of $1. It shall be the duty of the
Borough Secretary to submit every such application to the Commission
for approval or disapproval. The permit shall be effective for such
length of time as the Commission shall in each case determine, which
shall be indicated on the permit, and such permit may be revoked at
any time at the direction of the Commission upon proof satisfactory
to the Commission that the terms and conditions upon which the permit
has been issued are being or have been violated. The Commission may,
in its discretion, as a condition precedent to the issuing of the
permit, require the applicant to file a bond satisfactory to the Commission
or to deposit escrow funds or securities satisfactory to it to guarantee
the compliance by the applicant with the terms and conditions upon
which the permit is issued.
It shall be unlawful for any person without
first obtaining a permit to cut, prune, break, injure in any manner
or remove any shade tree; to cut down or interfere in any way with
the main roots of any shade tree; to spray with any chemicals or insecticides
any shade tree; to place any rope, guy wire, cable, signs, posters
or other fixtures on a shade tree or shade tree guard; or to injure,
misuse or remove any device placed to protect shade trees, except
in case of immediate necessity for protection of life or property.
The Commission shall have the authority to prepare
and adopt a street tree plan for all trees in or upon the public streets,
highways, avenues, parks, parkways and other public areas which, in
its opinion, shall effectuate the provisions of the chapter, provided
that such plan shall not become effective until approval by the Borough
Council.
No shade tree shall be planted on any public
highway in the Borough of Steelton until a permit is granted therefor,
such permit to designate the type and place where such shade tree
is to be planted. The Commission may refuse a permit to plant any
species of shade tree which, in its opinion, is not suited to the
location.
All shade trees shall be kept trimmed so that
the minimum height where they overhang any public walk or road shall
be nine feet above the walk or road. However, the Commission reserves
the right to designate a higher clearance on certain highways where
heavy traffic or other conditions make it expedient. All trees standing
on private property and having branches projecting over a public highway
shall be kept trimmed by the owner of such private property so that
the lowest branches shall have a minimum height of nine feet above
the highway or such other height as may be specified by the Commission.
In case the owner of such property shall neglect or refuse to trim
such shade trees upon being notified in writing by the Commission
so to do and within the time specified by such notice, the Commission
may, after the expiration of the date specified in said notice, cause
such trimming to be done at the expense of the owner, and the entire
cost thereof shall be a lien upon said premises and shall be filed
and collected by the Borough in the same manner as other municipal
claims are filed and collected.
No person shall without first obtaining a permit
place or hereafter maintain any stone, cement or other substance which
shall impede the passage of water and air to the roots of any shade
tree unless such person shall leave an open space of ground surrounding
the trunk of the shade tree, such space to be not less than four feet
square.
In connection with any building operation or
the performance of any work whatsoever in the Borough in the vicinity
of any shade trees, before any such work shall be commenced, guards
shall be placed at all shade trees which may be affected by such work
so as to effectually prevent injury to them.
All wood cut from trees afflicted with Dutch
elm or other disease shall be immediately burned.
No person shall pour salt water, oil or other
materials at any place in such a manner that injury may result to
any shade tree.
No person shall attach any electric wire or
insulator or any device for the holding of an electric wire to any
shade tree.
Every person having any wire or wires charged
with electricity running through a public highway shall trim any trees
so the wire or wires shall not come in contact with any shade tree
so as to injure the same.
Whenever, in order to take down or prune any
shade tree in the public highway or having branches extending over
the public highway, it shall be deemed necessary to remove any wire
or wires, every person having any such wire or wires running through
a public highway shall temporarily remove the same or cut off the
flow of current therefrom within 24 hours after service of written
notice from the Commission to do so.
Regulations of the Shade Tree Commission shall
be enforced by a Tree Warden to be appointed by the Shade Tree Commission.
Any person who shall violate or fail to comply
with any of the regulations of the Borough of Steelton Shade Tree
Commission shall be liable, on conviction thereof, to a fine or penalty
not exceeding $300 for each and every offense. In default of the payment
of such fine and costs, such person shall be imprisoned in the county
jail for a period not exceeding 30 days. Whenever such person shall
have been notified, by the Shade Tree Commission or by service of
summons in a prosecution or in any other way, that he is committing
such violation, each day in which he shall continue such violation
after any such notification shall constitute a separate offense, punishable
by like fine or penalty. Such fines or penalties shall be collected
as prescribed by law.
The cost of planting, transplanting or removing
any shade trees in the streets or highways of the Borough; of the
necessary and suitable guards, curbing or grading for the protection
thereof; and of the replacing of any pavement or sidewalk necessarily
disturbed in the execution of such work shall be assumed by the Borough
when, and only when, the work is done by the Borough.
The Shade Tree Commission may, upon five days'
written notice, require owners of property to cut and remove trees
afflicted with the Dutch elm or other disease which threatens to injure
or destroy shade trees in the Borough. Upon failure of any such owner
to comply with such notice, the Borough may cause the work to be done
by the Borough and levy and collect the cost thereof from the owner
of the property. The cost of such work shall be a lien upon the premises
from the time of the commencement of the work, which date shall be
fixed by the Borough Engineer and shall be filed with the Borough
Secretary. Any such lien may be collected by action in assumpsit or
by lien filed in the manner provided by law for the filing and collection
of municipal claims.