[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.