[HISTORY: Adopted by the Borough Council
of the Borough of Danville 6-13-2000 by Ord. No. 410. Amendments noted where
applicable.]
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.
