[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 11-6-1991 by Ord. No. 936. Amendments noted where applicable.]
Trees — See Ch. 272.
This chapter shall be known and may be cited as the "Shade Tree Ordinance of the Borough of Waynesboro."
For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
- The Borough of Waynesboro, Franklin County, Pennsylvania.
- All Borough-owned parks and playgrounds.
- Any natural person, partnership, association, corporation, or other entity of any kind.
- PROPERTY OWNER
- The person owning any parcel of property or the Borough in the case of public places or public streets.
- PUBLIC NUISANCE
- Any tree or shrub or parts thereof growing in any public place or upon private property but overhanging or interfering with the use of any street, park or public place in the Borough of Waynesboro which, in the judgment of the Commission, endangers the life, health, safety or property of the Borough.
- PUBLIC PLACES
- Includes all other grounds owned by the Borough of Waynesboro.
- PUBLIC TREES
- Includes all shade and ornamental trees now or hereafter growing on any street, park, or any public places where otherwise indicated.
- SHADE TREE COMMISSION
- The body under whose jurisdiction all public trees fall.
- STREET or HIGHWAY
- The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and/or pedestrian traffic.
There shall be created a Commission to be known and designated as the "Shade Tree Commission." The Commission shall consist of a minimum of three members who will serve without compensation.
One member shall serve for three years, one for four years, and one for five years.
On the expiration of the term of any Commissioner, a successor shall be appointed by the Borough Council to serve for a term of five years.
Vacancies in the Office of Commissioner shall be filled by Borough Council for the unexpired term.
The duties of the Shade Tree Commission shall be as follows:
The Commission shall have the authority to prepare and recommend to Borough Council a street tree plan for all trees in or upon the public streets, parks, and other public places which in its opinion shall effectuate the provisions of this chapter. Such plan shall become effective upon approval of the Borough Council.
The Commission shall have exclusive custody and control of the shade trees in streets or other public places, and is authorized to plant, remove, maintain, and protect shade trees on the public right-of-way, streets and property within the municipality.
Specific duties include, but are not limited to:
To study the problems and determine the needs of the Borough of Waynesboro, County of Franklin, with regard to its tree planting program.
To recommend to Borough Council the type and kind of trees to be planted upon such streets, or in parks or other public places as is designated, and to promulgate rules and regulations governing shade trees on streets or other public places within the Borough of Waynesboro, and to recommend same to Borough Council for consideration.
To assist the Borough of Waynesboro, the Borough Council, and citizens of the Borough, in the dissemination of news and information regarding the selection, planting, and maintenance of trees within the Borough, whether the same be on private or public property, and to make such recommendations from time to time to the municipal governing body as to desirable legislation concerning the tree program and activities for the Borough.
To provide regular and special meetings at which the subject of trees insofar as it relates to the Borough may be discussed by the members of the Commission, officers and personnel of the Borough.
Within a reasonable time after the appointment of said Commission and the approval of the members thereof, upon call of the Borough Council, said Commission shall meet and organize by the election of a Chairman. The said Commission shall then provide for the adoption of rules, regulations and procedures, and for the holding of regular and special meetings as said Commission shall deem advisable and necessary in order to perform the duties set forth.
Any person aggrieved by any decision of the Commission shall have the right to appeal to Borough Council, who shall have ultimate authority.
Any person who shall violate or fail to comply with any of the provisions of the chapter or of regulations adopted by Borough Council pursuant to the chapter, shall be liable, on conviction thereof, to pay a fine or penalty not exceeding $300 for each and every offense. Whenever such person shall have been notified by the Commission or by service of Summons in Prosecution, or in any other way that he is committing such violation, each day which he shall continue such violation after any such notifications shall constitute a separate offense punishable by like fine or penalty. Such fines or penalties shall be paid to the Borough Treasurer to be placed to the credit of the Commission. Prosecution shall be by way of a summary proceeding before a Magisterial District Judge. Any proposed prosecution under this chapter must be approved, in advance, by Borough Council.
Notwithstanding any other provision of this chapter, it is hereby declared that the Shade Tree Commission is a recommending body only, and that all policy-making authority remains with Borough Council. Furthermore, Borough Council may alter, amend, or reverse any decision of the Commission at its sole discretion without being required to give reason therefor. The Commission shall take no action, of any kind, without first giving Borough Council an opportunity to consider same at a regularly constituted meeting.