[HISTORY: Adopted by the Borough Council of the Borough of Youngwood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and woods — See Ch. 49.
[Adopted 7-22-1973 by Ord. No. 241[1]]
[1]
Editor's Note: This legislation was included as Ch. XXV of the 1973 compilation.
It shall be unlawful for any person to plant or maintain a Carolina poplar tree upon or along any street in the Borough of Youngwood, or in any location in the Borough within 50 feet of any public waterline or sewer line.
Every person owning real estate in the Borough of Youngwood shall be required to keep all trees growing upon his property, or along the streets abutting upon such property, trimmed to a height of at least seven feet above the sidewalk and at least 14 feet above the roadway of the street.
If any person shall fail, neglect or refuse to trim any tree, as required by § 119-2, within five days after notice from the Borough Council so to do, the Council shall have authority to cause such trimming to be done by employees of the Borough or by persons employed by or under contract with the Borough for the purpose and to collect the expense of such trimming, with an additional amount of 10%, from such defaulting property owner, provided that such expenses, plus 10%, may be collected in addition to any penalty imposed under § 119-5.
[Amended 10-2-1989 by Ord. No. 365]
Any person who shall violate any provision of this article by failing, neglecting or refusing to trim any tree within five days' notice so to do, as provided for in § 119-4, shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 30 days, provided that such fine and costs of prosecution may be in addition to any expenses and additional amount imposed as provided in § 119-4.
[Adopted 2-2-2009 by Ord. No. 498]
To the extent permitted by law, all of the powers, duties and responsibilities that were vested in the Youngwood Borough Shade Tree Commission by Ordinance Number 400, as well as those set forth in the Pennsylvania Borough Code and other laws of the Commonwealth, are hereby specifically transferred to and vested in the Youngwood Borough Council.
Nothing herein shall be interpreted to preclude or prevent the Youngwood Borough Council from establishing a Shade Tree Committee, either as a standing or ad hoc committee of Council, comprised of any number or make-up of elected and/or appointed officials, as Council may deem necessary from time to time, to carry out any function related to shade trees on public property in the Borough.
It shall be and remain a violation for any person or entity to plant, transplant, trim, cut or remove any shade tree located on any public property or in any public area or right-of-way of the Borough without the express written consent of Council or its designated representative. Such violation or violations shall continue to be punishable by a maximum fine of $300 or the amount of any damage done or caused to the affected shade tree or shade trees, as reasonably determined, whichever is higher, plus costs of prosecution, for each offense. In default of payment of any fines and costs imposed, any violator shall be subject to imprisonment for a term not to exceed 30 days.
All actions heretofore taken by the Youngwood Borough Shade Tree Commission to the extent legally done and performed are hereby ratified and confirmed unless rescinded by Council.
Any matter currently pending before the Youngwood Borough Shade Tree Commission, which has not yet been completed or resolved, is hereby assigned to the Youngwood Borough Council for consideration and action as it deems necessary or appropriate.