[HISTORY: Adopted by the Board of Trustees of the Village of Kinderhook 11-16-1992 by L.L. No. 4-1992 (Ch. 42 of the 1978 Code). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Board of Trustees of the Village of Kinderhook shall have the right to plant, trim, preserve and remove trees, shrubs and bushes within the public right-of-way of all sidewalks, streets, avenues and public places as may be necessary to ensure safety or preserve the symmetry and beauty of such public grounds. The Board of Trustees may order to be removed any tree or part thereof which is in an unsafe condition or which, by reason of its nature, may be injurious to any public improvement or is affected with any injurious fungus, insect or other pest.
Trees, shrubs and bushes standing near sidewalks, streets, avenues and public places of the Village of Kinderhook, and on any lot or land adjacent to any public sidewalk, street, avenue or public place, shall be kept trimmed by the owner or owners, occupant or occupants of the property on or in front of which such trees, shrubs and bushes are growing so that they shall not constitute a danger to the public or interfere in any manner with the visibility of persons using said public sidewalk, street, avenue or public place of said Village. Whenever, in the opinion of the Board of Trustees, the trimming, treatment or removal of any tree or shrub located on private grounds shall be deemed necessary in the interest of public safety or to ensure the safety and preservation of public grounds and improvements, such Board of Trustees shall notify the owners, occupant or occupants of the property on which the tree stands, in writing, to do so. In case the owner or owners, occupant or occupants shall neglect or refuse to do so after 30 days from the date of such written notice, the Board of Trustees may cause trimming, treatment or removal to be done and the cost therefor to be collected from such owner or occupant.
[Added 9-10-2003 by L.L. No. 2-2003]
No person shall injure or cut down any tree within the right-of-way of a Village street or on any Village-owned property without first obtaining the consent of, or except by order of, the Board of Trustees of the Village.
An offense against the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.