[HISTORY: Adopted by the Borough Council of the Borough of
Girard 1-11-1937 by Ord. No. 222 (Ch. XXVI of the 1974 Code of Ordinances).
Amendments noted where applicable.]
From and after the passage of this chapter, all trees of whatsoever
description situate within the lines of the highways, streets and
public squares of the Borough shall be under the jurisdiction and
in the sole custody of the Borough Council, which shall enforce the
provisions hereof and may make such reasonable regulations for the
removal, care and protection of said trees as shall seem to it necessary
and proper and for the planting of additional trees.
The Borough Council is hereby authorized in its discretion to
cause to be planted, removed or trimmed such trees in the highways,
streets or public squares of the Borough in such manner and at such
times as it may deem best for the public interest.
It shall be unlawful to cut, trim or climb with spurs, break,
injure, kill, destroy or remove or to cause, authorize or procure
any reason to cut, trim, climb with spurs, break, kill, destroy, or
remove any shade tree or trees now growing or which shall hereafter
grow in any highway, street or public square of the Borough without
a written permit from the Borough Council first had and procured;
provided, however, that in case of emergency involving the probable
loss of life or property, such permit shall not be required, but any
work made necessary by said emergency shall be done in a manner least
likely to endanger the tree or trees involved.
It shall be unlawful to allow gas, hot water, steam, oil or
any other substance deleterious to tree life to come into contact
with the soil surrounding the roots of any shade tree in any highway,
street or public square of the Borough or to place any material or
substance in such manner as to obstruct the free passage of air and
water to the roots of any such tree or to make excavations or to lay
in the ground any pipe for the conducting of steam, gas, water, or
other substance in such manner as to injure the roots of any such
shade tree.
It shall be unlawful to cause, authorize or procure any wire
or conductor charged with electricity to come in contact with any
shade tree in any highway, street or public square of the Borough
in such a manner as may injure, destroy or kill such tree.
It shall be unlawful to permanently attach or cause to be permanently
attached to any shade tree in any highway, street or public square
of the Borough any rope, wire, sign or other device whatsoever without
a written permit from the Borough Council.
It shall be unlawful to plant in any highway, street or public
square in which a sewer is laid trees of such a type as naturally
tend or cause roots to interfere with or injure said sewer lines.
It shall be unlawful to maintain in any highway, street or public
square trees wholly dead or partly dead without removing the dead
portion or to maintain therein any growing trees which are not properly
trimmed so as not to interfere with pedestrian or vehicular traffic.
It shall be unlawful to violate any additional reasonable regulations
which the Borough Council may by resolution cause to be entered upon
its minutes relative to the planting, removal, care and preservation
of shade trees upon any of its highways, streets or public squares.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Borough in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Borough are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
