[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-7-1995 by Ord. No. 1245 as
Ch. 1028 of the 1995 Code]
Council hereby elects not to create a Shade
Tree Commission, but shall, rather, assume and exercise all of the
powers, functions and duties relative to shade trees in the Borough
that would otherwise be performed by a Shade Tree Commission under
the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101
et seq.
Council shall have exclusive custody and control
over the shade trees in the Borough and is hereby authorized to plant,
remove, maintain and protect the same on the public streets of the
Borough.
The following regulations shall apply to those shade trees in the Borough that are under the jurisdiction and control of Council, as provided in § 280-2:
A.
No person shall mutilate or injure any tree.
B.
No person shall plant, remove, cut or trim any tree
on any street in the Borough without first obtaining a permit therefor
from the Borough Secretary.
C.
No person shall climb any tree, using sharp implements
or climbers.
D.
No person shall attach to any tree any wire or rope
for the support of poles or radio aerials or for any other purpose.
E.
No person shall open or dig into any street or sidewalk
in such a manner as to injure or destroy any tree.
F.
Gas mains and pipes laid in the streets or sidewalks
of the Borough shall be protected in such a manner that no gas is
emitted or escapes therefrom to injure or destroy any tree.
Council shall make rules and regulations or
change or amend existing rules and regulations, provided that such
new or amended rules and regulations receive the approval of a majority
of the members of Council.
In the event that the roots, branches, leaves
or any other part of a tree on private property interferes with utility
wires, poles or other facilities, sewerage or drainage, or extends
over or into the public right-of-way in such manner as to constitute
a hazard to pedestrian or vehicular traffic, or otherwise to constitute
a nuisance, or over or into the property of another without his or
her consent, Council shall notify the owner of the premises upon which
the tree is located to cut, trim and/or remove the offending roots,
branches, leaves or other parts of the tree, to the satisfaction of
Council, within five days of the receipt of such notice. If such owner
fails to comply with such notice within the stipulated period, Council
shall cut, trim or remove such tree or any part thereof or cause the
same to be done in such manner as to effectively abate the hazard
and/or nuisance. In such case, the owner of the premises in question
shall be liable to the Borough for the cost of such cutting, trimming
or removal and any and all other expenses incidental thereto and shall
pay the same upon due demand being made upon him or her. In the event
that such owner fails to pay such costs within 30 days from the date
due demand was made upon him or her therefor, such costs shall be
collected as are other municipal claims under commonwealth law.
The Borough has established a surcharge on its
refuse fee of $5 per year to provide funds for the care and maintenance
of its shade trees. Funds collected from the refuse fee surcharge
shall be deposited into a separate fund to be called the "Shade Tree
Trust Fund" to ensure it has the financial resources to fulfill its
responsibilities and powers for the care and maintenance of shade
trees throughout the Borough. Funds deposited into the Shade Tree
Trust Fund may be used only for the work authorized by Borough Council
to maintain, remove and replace the Borough's shade trees.
Whoever violates any of the provisions of this
article shall be fined not less than $100 nor more than $1,000 or
imprisoned not more than 10 days in the Borough lockup or not more
than 30 days in the county jail or workhouse, or both such fine and
imprisonment. A separate offense shall be deemed committed each day
during or on which a violation or noncompliance occurs or continues
and for each and every tree destroyed, injured, molested or in any
way affected.
