[HISTORY: Adopted by the City Council of
the City of Butler 2-19-1987 as Part 1, Title 7, Art. 165, of the
1987 Codified Ordinances; amended in its entirety 10-20-2020 by Ord. No. 1791.
Subsequent amendments noted where applicable.]
There is hereby established a commission consisting of seven
residents of the City to be known as the "Shade Tree Commission" under
the provisions of 53 P.S. § 38801 et seq.
The Mayor is hereby authorized and directed to appoint seven
residents of the City as Commissioners, three of whom shall serve
a term of three years, two of whom shall serve for a term of two years
and two of whom shall serve a term of one year. Successors to the
original appointments to the Commission shall serve a term of three
years.
A. The Shade Tree Commission shall have full custody and control of
the shade trees within the rights-of-way of public streets and highways
and in all public areas within the City limits, including trees on
private properties, insofar as their limbs and branches may overhang
public streets, highways and other public areas.
B. The Shade Tree Commission shall maintain an accurate street tree
inventory of all trees under its jurisdiction and present it to the
City on an annual basis. At a minimum, all trees in the inventory
will be identified by street address, species of tree, and categorization
of: good, fair, poor, or hazardous.
C. A hazardous tree is one that, due to the tree's condition, there
is a reasonable risk that all or part of the tree may fall or break
off and cause a threat to life; property; use of public street; stormwater
systems; or the uninterrupted provision of public utilities and services.
The Shade Tree Commission, with approval of Council, shall have
the power to amend any of the rules and regulations as set forth in
this chapter if, in the opinion of the Commission, public policy or
arboricultural requirements shall indicate the advisability of making
a change or changes from these established rules.
It shall be the policy of the Shade Tree Commission to cooperate
with the public and property owners insofar as possible at all times,
and no planting or removal of any plant materials of a public nature
shall be undertaken without notifying the property owners in advance.
This shall not include such minor items of work as pruning, bracing,
bolting or spraying, which may be of a seasonal nature or which may
be done by reason of immediate danger to the safety of the public
or for proper protection of the trees or shrubs.
No person, firm or corporation shall, without a permit issued
by the Shade Tree Commission, plant, prune, bolt, spray, brace or
paint or remove any tree from within the limits of any public right-of-way
street, highway, park, parkway or public playground within the City
limits, nor shall they cut or interfere with the main roots in any
way, nor place or affix any poster or any other fixture on any tree
or tree guard, so located, nor remove any device placed to protect
same, nor shall they park an automobile nor pile any harsh or heavy
materials against, nor shall they hang anything from any tree within
the limits of any public right-of-way, street, highway, parkway or
public playground within the City limits.
No person, firm or corporation shall place or hereafter maintain
upon the ground within the right-of-way of any public street, lane,
alley, park or public playground, any stone, concrete, brick, mastic
paving, gravel or any other substance which might impede the free
passage of air and water to the roots of any tree without leaving
a clear space of at least 12 square feet surrounding the trunk of
the tree.
Any person, firm or corporation or its agents or representatives
in charge of the erection, repair or demolition of any structure or
the excavation for the same, where trees within the public rights-of-way,
streets, highways, parks, parkways or public playgrounds within the
City limits might be affected, shall not proceed with such work until
they place adequate guards around all trees that may be so affected.
Any person, firm or employee of any corporation, who shall injure in any manner any living tree within the public rights-of-way, streets, highways or any public property within the City limits, shall be liable for damages and penalties as set forth in §
220-22.
No person, firm or corporation or its agents or representatives
shall maintain any trees overhanging the traveled or used portion
of any public rights-of-way, streets or highways, unless the same
shall have an adequate clearance of 10 feet over sidewalks and 14
feet over streets or highways, wet or dry, to permit pedestrian and/or
vehicular traffic.
Upon the recommendation of the Shade Tree Commission, City Council
shall direct the Code Enforcement Officer to require the owner or
occupant of property having any trees which are or which appear to
threaten to be a public nuisance or danger to children, traffic or
the public, to remove or prune the same so as to abate the actual
or threatened nuisance or dangerous condition and, on failure of the
property owner or occupant to do so after reasonable notice, the Code
Enforcement Officer may cause the same to be done with percentage
and costs added as hereinafter provided.
Only such trees identified as hazardous in the Shade Tree Commission
Tree Inventory or because of a change or revision in the planting
plans by the City for trees shall be removed.
Only such trees shall be planted within the rights-of-way of
public streets and highways and in all public areas within the City
limits, including trees on private properties, insofar as their limbs
and branches may overhang public streets, highways and other public
areas as shall meet with the approval of the Shade Tree Commission.
All trees to be planted within the public rights-of-way, streets,
highways or upon public property within the City, including trees
on private properties, insofar as their limbs and branches may overhang
public streets, highways and other public areas shall be the diameter
and height specified by the Shade Tree Commission.
All trees in public streets and highways of the City, including
trees on private properties, insofar as their limbs and branches may
overhang public streets, highways and other public areas shall be
planted in the center strip between the curb and the sidewalk, unless
otherwise specified or allowed by the Shade Tree Commission, and shall
be spaced at a distance approved by the Shade Tree Commission.
All trees shall be planted in holes at a diameter and depth
as directed by the Shade Tree Commission.
All work in connection with planting, pruning, spraying, bolting
or painting shall be done and performed in accordance with best accepted
arboricultural or horticultural practice, including sterilization
of shears, pruning saws, etc., after being used on diseased trees.
When trees are removed they shall be cut as close to the ground
as conditions will permit.
The foregoing provisions of this chapter shall not apply where
they materially interfere with lawful and public improvements, maintenance
or repair of public playgrounds by the City, its authorized agents
and employees or by the county, state and federal government.
No person, firm or corporation nor any employee thereof shall
be employed by the City or its Shade Tree Commission in connection
with any of the work covered or contemplated under the provisions
of this chapter unless he, she, it or they have furnished to the City
Clerk proof of carriage of satisfactory workmens' compensation
insurance so as to afford proper protection to the City and the Commission.
Any person, firm or corporation or employee thereof granted
a permit to remove, spray, bolt, brace or prune any tree, shrub, evergreen
or ground cover, grass excepted, within the public rights-of-way or
on public property within the City shall post a bond or furnish evidence
of the same to the City Clerk in an amount and form to be approved
by the City Clerk or the Mayor, or shall have taken out or take out
and maintain satisfactory public liability and property damage insurance
as follows:
A. Public liability insurance in the amount of $500,000 for injuries
including accidental death to any one person and subject to the same
limit for each person in the amount of not less than $1,000,000 on
account of one accident.
B. Property damage insurance in an amount of not less than $100,000
to any one property and subject to the same limit for each property
in an amount not less than $300,000 aggregate for one accident.
A. Any person, firm or corporation violating any of the provisions of
this chapter shall, upon conviction by summary conviction or by proceedings
by summons before any District Justice, be fined not more than $750
for any single violation of this chapter and, in default of payment
thereof, shall be imprisoned for not more than 30 days, or the City
may elect to collect such judgments and costs by execution or other
process as provided by law.
B. In lieu of or in addition to the penalty hereinabove provided, the
City, at its option, may require the person, firm or corporation so
injuring or removing any trees in violation of this chapter to cause
the same to be replaced or the damage caused thereby corrected and,
in default thereof, may cause the replacement or correction to be
made or done and all costs thereof to be collected by suit in assumpsit
or the filing with record costs and percentage added as provided by
law.