It is enacted by the Mayor and Council of the Borough of Westmont, and it is hereby enacted by authority of the same, that if any person shall cut, scrape, paint or in any way deface or injure the bark, branches or trunk of any shade tree planted and maintained upon the parking or grass plots upon the streets of the borough or in any other way deface or injure any tree, such person shall, upon conviction of such offense, pay a fine of not more than $600 and costs for each and every such offense in an action brought in a court of summary jurisdiction and, in default of payment of such fine and costs, be imprisoned in the county jail for a term not exceeding 30 days.
[HISTORY: Adopted by the Borough Council of the Borough of Westmont: Art. I, 5-4-1911 as Ord. No. 38, amended in its entirety 9-11-1978 by Ord. No. 556; Art. II, 9-10-1979 as Ord. No. 566. Subsequent amendments noted where applicable.]
[Adopted 5-4-1911 as Ord. No. 38; amended in its entirety 9-11-1978 by Ord. No. 556]
[Adopted 9-10-1979 as Ord. No. 566]
No individual, partnership, corporation and/or employee of a corporation shall, without the written permit of the Shade Tree Commission, cut, prune, break, climb, injure or remove any living tree in a public highway or cut, disturb or interfere in any way with the roots of any tree on a public highway or spray with any injurious chemicals or insecticides any tree in a public highway or place any rope, sign or poster or drive a nail or other fixtures on a tree or guard in a public highway or injure, misuse or remove any device placed to protect such tree on a public highway.
No shade or ornamental tree or shrub shall be planted in any of the public highways of the Borough of Westmont until such tree or shrub shall have first been approved and the place where it is to be planted designated by the Shade Tree Commission and a permit granted therefor.
No person shall, without the written permit of the Shade Tree Commission, place or hereafter maintain upon the ground in a public highway any stone, cement or other substance which shall impede the free passage of water and air to the roots of any tree in such highway without leaving an open space of ground outside of the trunk of said tree in area not less than four square feet.
In the erection or repair of any building or structure, the owner thereof shall place such guards around all nearby trees on the public highway as shall effectually prevent injury to them.
No person shall allow a poisonous or deleterious solid, liquid or gas to be discharged within a public highway, either above or below the surface of said highway, in such a way as to injure any tree planted or growing therein.
A.
No person shall, without the written permit of the Shade Tree Commission, attach any electric wire, insulator or any device for the holding of an electric wire to any tree growing or planted upon any public highway of the Borough of Westmont.
B.
Every person or corporation having any wire or wires charged with electricity running through a public highway shall securely fasten such wire or wires so that they shall not come in contact with any tree therein.
C.
Every person or corporation having any wire or wires charged with electricity running through a public highway shall temporarily remove such wire or wires or the electricity therefrom when it shall be necessary in order to take down or prune any trees growing in a public highway within 24 hours after the service upon the owner of said wire or wires, or his agent, of a written notice to remove such wire or wires or the electricity therefrom, signed by two members of the Shade Tree Commission or its Secretary upon the order of such Commission.
No person or corporation shall prevent, delay or interfere with the Shade Tree Commission or its employees in the planting, pruning, spraying or removing of a tree on a public highway or in the removal of stone, cement or other substance about the trunk of a tree.
Owners of property in the Borough of Westmont, upon five days' written notice being given by the Shade Tree Commission, shall be require to cut and remove plants, shrubs and trees afflicted with the Dutch elm or other disease which threatens to injure or destroy plants, shrubs and shade trees in the Borough of Westmont. Upon failure of any such owner to comply with such notice, the borough may cause the work to be done by the borough and levy and collect the cost thereof from the owner of the property. The cost of such work shall be a lien upon the premises from the time of the commencement of the work, which date shall be fixed by the Borough Engineer, and shall be filed with the Borough Secretary. Any such lien may be collected by an action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims.
Every repeated violation by the same person or any violation of these regulations or the continuation of the violation of any of its provisions on any day or days succeeding the first violation thereof shall constitute an additional violation of such provisions.
It is the intention of this Article or any amendments or supplements hereto to amplify Chapter 225, Zoning, of the Borough of Westmont, Cambria County, Pennsylvania.
If any person, individual, corporation, partnership or any employee of the same shall violate any provisions of this Article, such person, upon conviction of such offense, shall pay a fine of not more than $600 and costs for each and every such offense in an action brought in a court of summary jurisdiction and, in default of payment of such fine and costs, be imprisoned in the county jail for a term not exceeding 30 days.