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Borough of Danville, PA
Montour County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Danville 6-13-2000 by Ord. No. 410. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 180.
Streets, sidewalks and driveways — See Ch. 216.
A. 
It shall be unlawful for any person, firm or corporation, without permission from the Borough Code Officer to cut, break, climb or injure any tree or portion of a tree planted or growing in any public highway or public park of the Borough of Danville, or cause, authorize or procure any person to cut, climb, break, or injure any such tree or portion thereof; or to injure, misuse or remove, or cause, authorize or procure any person to injure, misuse or remove, any device set for the protection of any tree or plant in any public highway or public park in the Borough of Danville. Any person, firm or corporation desiring for any lawful purpose to cut, prune or trim any tree in any public highway or public park of the Borough of Danville may apply to the Borough Code Office; and if, in the judgment of the Borough Code Officer, the desired cutting, pruning or trimming shall appear necessary, the Borough Code Officer may authorize such work.
B. 
It shall be unlawful for any person, firm or corporation, without permission from the Borough Council to cut, break, climb, or injure any tree or portion of a tree planted or growing in any public highway or public park within the Central Business District of the Borough of Danville, or cause, authorize or procedure any person to cut, climb, break, or injure any such tree or portion thereof; or to injure, misuse or remove, or cause, authorize or procure any person to injure, misuse or remove, any device set for the protection of any tree or plant in any public highway or public park within the Central Business District in the Borough of Danville. Any person, firm or corporation desiring for any lawful purpose to cut, prune or trim any tree in any public highway or public park within the Central Business District of the Borough of Danville may apply to the Borough Council; and if, in the judgment of the Borough Council, the desired cutting, pruning or trimming shall appear necessary, the Borough Council may authorize such work.
A. 
It shall be unlawful for any person, firm or corporation to kill or remove, or cause, authorize or procure the death or removal of, any tree planted or growing in any public highway or public park of the Borough of Danville. Any person, firm or corporation desiring for any lawful purpose to take down or remove any tree in any public highway or park of said Borough may apply to the Borough Code Officer; and if, in the judgment of the Code Officer, the desired taking down or removal shall appear necessary, the Code Officer may thereupon authorize such work.
B. 
It shall be unlawful for any person, firm or corporation to kill or remove, or cause, authorize or procure the death or removal of, any tree planted or growing in any public highway or public park within the Central Business District of the Borough of Danville. Any person, firm or corporation desiring for any lawful purpose to take down or remove any tree in any public highway or park within the Central Business District of said Borough may apply to the Borough Council; and if, in the judgment of the Borough Council, the desired taking down or removal shall appear necessary, the Council ay thereupon authorize such work.
It shall be unlawful for any person, firm or corporation owning, using or having control or charge of gas, hot water, steam or other substance deleterious to tree life to allow such gas, hot water, steam or other substances to come into contact with the soil surrounding the roots of any tree in any public highway or of any tree or plant in any public park of the Borough of Danville in such manner as may injure such tree or plant.
It shall be unlawful for any person, firm or corporation owning, using or having control or charge of gas, hot water, steam or other substance deleterious to tree life to allows such gas, hot water, steam or other substance to come in contact with the soil surrounding the roots of any tree in any public highway or tree or plant in any public par in the Borough of Danville in such manner as shall kill or destroy such tree or plant.
It shall be unlawful for any person, firm or corporation to cause or authorize or procure any brine water, oil, liquid dye or other substance deleterious to tree life to lie, leak, pour, flow or drip on or into the soil about the base of a tree in any public highway or public park of the Borough of Danville or on a sidewalk, road or pavement therein at a point whence such substance may be lying on or flowing, dripping or seeping into such soil, or in any other manner whatever injure such trees, or cause to procure such soil, or in any other manner whatever injure such trees, or to cause or procure such lying, leaking, flowing, seeping, dripping or injury.
It shall be unlawful for any person, firm or corporation except with the authorization of the Borough Code Officer, to place or maintain upon the ground of any public highway or public park, within the Borough of Danville any stone, cement or other material or substance in such manner as may obstruct free access of air and water to the roots of any tree in any such highway or park. Unless otherwise provided by the Code Officer, there must be maintained about the base of the trunk of each shade tree in the public highways and public parks of the Borough at lest six square feet of open ground for a tree of three inches in diameter, and for every two inches of increase of such diameter there must be in increase of at least one square foot of open ground.
It shall be unlawful for any person, firm or corporation to interfere or to cause or authorize or procure an interference with the Borough Council or any of its employees, agents or servants while they are engaged in and about the planting, cultivating, mulching, pruning, spraying, or removing of any tree in any public highway or public park within the Borough of Danville, or in the removing of any device attached to said tree or in such removing of stone, cement sidewalk or other material or substance as may be necessary for the protection and care of any such tree in accordance with the requirements set forth in § 231-6 hereof as to the area of open ground to be maintained about the base of the trunk of each shade tree in the public highways and public parks of the Borough.
It shall be unlawful for any person firm or corporation to cause, authorize or procure a wire or other conductor, charged with electricity, to come in contact with any tree in a public highway or with any tree or plant in any public park of the Borough of Danville in such manner as may injure or abrade such tree or plant.
It shall be unlawful for any person, firm or corporation to cause or authorize or procure a wire or other conductor, charged with electricity, to come into contact with any tree in any public highway or tree or plant in any public park in the Borough of Danville in such manner as shall destroy or kill such tree or plant.
It shall be unlawful for any person, firm or corporation, to attach or keep attached to any tree in any public highway or public park in the Borough of Danville, or to the guard or stake intended for the protection of such tree, any rope, wire, sign or other device whatsoever.
It shall be unlawful for any person, firm or corporation to tie any animal to any tree in any public highway or public park in the Borough of Danville, or, having charge of such animal, to allow or cause or procure it to injure any such tree, or for any person to charge of such animal to cause or allow it to stand so that it can injure such tree.
It shall be unlawful for any person, firm or corporation to plant or set out any shade tree, or cause or authorize or procure any person to plant or set out any shade tree, in or on any part of the public highway or public park within the said Borough of Danville, without first obtaining permission from the Borough Code Officer.
During the erection, repair, alteration or removal of any building or structure within the Borough of Danville, it shall be unlawful for the person or persons in charge of such repair, alteration or removal to leave any street tree in the vicinity of such building without good and sufficient guards or protectors as shall prevent injury to said tree arising out of or by reason of said erection, repair, alteration or removal.
On and after the enactment of this chapter, it shall be unlawful to plant or maintain any poplar or willow trees in the footwalks, streets, or other public places, or immediately adjacent thereto, in the Borough of Danville.
Any and all trees growing in footwalks, streets or other public places of the Borough, or immediately adjacent thereto, which now have become or threaten to hereafter become destructive or injurious to pavements, curbs, sewers, walls or other public or private structure, are hereby declared to be a public nuisance, to be abated according to law and as hereinafter provided.
Persons desiring to plant trees in footwalks, streets or other public places, or immediately adjacent thereto, shall first secure the approval and consent of the Borough Code Officer in respect to the kind of tree and the location of planting, which approval and consent shall be refused if, in the opinion of the Code Officer, such trees may hereafter become destructive or injurious to walks, pavements, sewers or other public or private structures.
A. 
All such existing poplar, willow or other trees which the Borough Code Officer, upon inspection, shall find and declare to be injurious or destructive to walks, pavements, curbs, walls or other public or private structures shall be removed, below grade and including stump by the abutting property owner at the expense of the abutting property owner.
B. 
All such existing poplar, willow or other trees which the Superintendent of the Sewage Treatment Plant, upon inspection, shall find and declare to be injurious or destructive to the sewer system, including laterals, shall be removed, below grade and including stump, by the abutting property owner at the expense of the abutting property owner.
It shall not be lawful for any owner or owners of property or properties to permit the limbs, broken tops or branches of any tree or trees, either along the public streets, pavements, sidewalks or alleys or in lots adjacent thereto or elsewhere within the limits of the Borough of Danville, to grow or remain so near the ground thereunder as to obstruct in any manner free passage upon and over such public streets, pavements, sidewalks or alleys, respectively. It shall be the duty of the Borough Code Officer, or other persons duly authorized by the Borough Council, after five days' notice to such owner or owners of such property or properties, in such behalf, to cut away and remove such obstruction or obstructions at the proper charge and expense of such owner or owners.
A. 
Any person, firm or corporation which shall violate or authorize or procure a violation of any of the provisions of this chapter shall, upon conviction thereof, forfeit and pay a fine not exceeding $300 for each and every such offense.
B. 
Every violation by the same person, firm or corporation of any provision or of any section of this chapter which continues on any day or days succeeding the first violation thereof shall constitute an additional violation for each of the succeeding days.
C. 
All fines, penalties, charges or expenses whatsoever imposed or incurred by any of the provisions of this chapter may be sued for, collected and recovered before any Magisterial District Judge of the Borough of Danville, as debts of like amount and fines and penalties imposed for the violation of Borough ordinances are now by law collectible and recoverable, and shall be paid over to the Treasurer of the Borough the use of the said Borough.