[Amended 5-13-1974 by Ord. No. 509; 12-11-1995 by Ord. No. 715]
Hereafter it shall be unlawful for any person to plant along or upon any street or alley in the Borough or in close proximity thereto any tree of the species known as Carolina poplar, or any other tree of similar species having a rapidly growing and wide-spreading root system. At any time hereafter, when in the judgment of the Borough Council any such tree now growing upon and along any street or alley or in close proximity thereto is deemed and judged to be injurious and detrimental to the municipal property, the Council may declare the same to be a nuisance and shall notify the owner of the property upon, along or fronting which such tree shall be growing, to remove such tree or to kill the roots thereof within 10 days after such notice, and if such property owner shall fail to do so within such time limit, the Borough may cause the same to be done and shall collect the cost of such work of removal of the trees or killing the roots, with an additional amount of 10% from such defaulting property owner. Any person who shall violate any provision of this article shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense. Any fine and costs of prosecution imposed under this article may be in addition to the cost of removal of a tree or the killing of the roots thereof, and an additional amount of 10% collected under this article.