The Commission shall have exclusive custody and control of the
shade trees in the Borough of Ligonier and is authorized to plant,
maintain and protect shade trees on the public highways or public
grounds in the Borough.
The application for any permit required hereunder shall be made
in writing to the Secretary. It shall specify the particular kind
of work or operation the applicant desires to perform thereunder and
shall state the exact location and the species of any tree affected.
It shall be the duty of the Secretary to submit every such application
promptly to the Commission for approval or disapproval. The permit
shall be effective for such length of time as the Commission shall
in each case determine, and such time shall be indicated on the permit.
Any such permit may be revoked at any time upon proof satisfactory
to the Commission that any of the terms or conditions upon which such
permit was issued are or have been violated. The Commission, in its
discretion, may, as a condition precedent to the issuance of the permit,
require the applicant to file a bond satisfactory to the Commission
or to deposit security satisfactory to the Commission or to deposit
security satisfactory to it to guarantee the compliance by the applicant
with the terms and conditions upon which such permit is issued.
No person shall plant any shade tree in, on, along or affecting
any public highway or public grounds in the Borough of Ligonier until
such a permit therefor is granted, such permit to designate where
such tree is to be planted. The Commission may refuse a permit to
plant any species of tree which, in its opinion, is not suited to
the location.
No person shall, without first obtaining a permit therefor,
cut, break, climb with spurs, injure in any manner or remove any shade
tree; or cut down or interfere in any way with the main roots of any
shade tree; or spray any shade tree with any chemical or insecticide;
or place any rope, guy wire, cable, sign, poster or any other fixture
on any shade tree or guard for any shade tree; or injure, misuse or
remove any device placed to protect any shade tree, except in case
of immediate necessity for the protection of life and property.
No person shall, without first obtaining a permit, place or
hereafter maintain any stone, cement or any other substance which
shall impede the passage of water and air to the roots of any shade
tree unless such person shall have an open space of ground surrounding
the trunk of such tree, such space to be not less than four feet square.
In connection with any building operation or the performance
of any work whatsoever in the Borough in the vicinity of any shade
tree, before any work shall be commenced, guards shall be placed at
all shade trees which might be affected by such work so as effectually
to prevent injury to them.
No person shall pour salt water, oil or any other material at
any place in such a manner that injury might result to any shade tree.
A Shade Tree Commission is hereby created in and for the Borough
of Ligonier. Said Commission shall be constituted as provided by law
and shall perform all the duties and may exercise all the powers conferred
by law upon Borough Shade Tree Commissions.
[Amended 1-12-1989 by Ord. No. 438; 7-12-2001 by Ord. No. 514]
The Shade Tree Commission may assess penalties, upon conviction,
of not more than $600 and costs of prosecution and, in default of
payment, imprisonment in the county jail for a period not to exceed
30 days, for each and every violation of any regulation or standard
of such Commission or of any of the provisions of the Borough Code
insofar as such provisions relate to shade trees.
These regulations shall be enforced by the Commission in conjunction
with the Mayor and the Borough police.