[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.
