[Ord. 31, 9/18/1995, § 1]
1.
The Shade Tree Commission shall elect a chairperson, a vice-chairperson
and such other offices as the Shade Tree Commission may determine
necessary. All officers of the Commission shall be eligible for reelection.
The Commission shall keep a written record of its meetings as required
by law. The Commission shall regularly provide City Council with its
minutes and with such annual or other reports of its activities as
City Council may request or as the law may otherwise require.
2.
The Shade Tree Commission shall develop and implement a plan for
the planting, maintaining and removal of shade trees within the public
rights-of-way and public parks of the City for the purpose of maintaining
a healthy and aesthetic environment within the City.
[Ord. 31, 9/18/1995, § 2]
The following words and phrases, when used in this Part, shall
have the meanings hereby ascribed to them, except in those instances
where the context clearly indicates a different meaning:
The duly appointed Manager of the City of St. Marys or a
person designated by the City Manager to exercise his powers and duties
under this Part.
The duly appointed Shade Tree Commission of the City of St.
Marys.
Fertilizing, spraying, pruning or trimming or any earth moving
or other activity in or around a shade tree which may have a significant
impact on the health or safety of a shade tree.
Any permit in writing issued by the City.
Any natural person, firm, association, partnership or corporation.
Any street, sidewalk or alley open to use by the public,
including both lands of the City and lands of the Commonwealth of
Pennsylvania.
Any park owned and operated by the City of St. Marys.
Any tree, shrub, or other woody plant, the center line of
the base of which is located between the curbline of any City street
or State highway and the adjacent public sidewalk, or which is located
within any public park.
[Amended by Ord. 281, 5/6/2013]
[Ord. 31, 9/18/1995, § 3]
The Commission is authorized to engage in all of the following
activities:
A.
The selection and planting of new shade trees within public highways
and public parks.
B.
The identification, inspection and correction of hazards created
by shade trees.
C.
The identification, inspection and notification of property owners
and correction of hazards to public highways and public parks by trees
on adjacent private property.
D.
The maintenance and removal of shade trees, whether by the City,
the Commission or any person authorized by the Shade Tree Commission.
E.
The adoption of policies and specifications for the planting, maintenance
and removal of shade trees.
F.
The adoption of rules and regulations for the enforcement of the
powers and duties of the Commission with the approval of City Council.
[Ord. 31, 9/18/1995, § 4]
1.
No person shall plant, maintain or remove any shade tree without
first obtaining a permit from the City and approval by the Commission.
2.
No person shall:
A.
Cut, break, climb with spikes or otherwise injure or destroy a shade
tree.
B.
Interfere with any City employee or agent who is planting, maintaining
or removing any shade tree.
C.
Apply any pesticides to any shade tree without a permit or license.
D.
Fasten any ropes, wires, cables, electric attachments, signs or other
devices to any shade tree without a permit from the City.
E.
Cut or disturb the roots of any shade tree without first obtaining
a permit from the City.
F.
Conduct any construction activities without guards or protective
devices that prevent injury to a shade tree.
G.
Remove or tamper with any device set out for the protection of any
shade tree.
H.
Pile any materials which may obstruct oxygen flow to the root system
of any shade tree.
I.
Hitch or fasten any animal, bicycle or vehicle to any shade tree.
J.
Apply any chemical that will injure any shade tree.
[Ord. 31, 9/18/1995, § 5]
1.
Where a permit is required under this Part, an application for such
permit shall be made in writing at the office of the City Manager.
The application shall be on a form provided by the Commission.
2.
An application for a permit shall be granted or denied within 30
days after the application is filed. The failure to issue a permit
within the time required shall not be deemed an approval of the permit.
3.
No permit shall be valid for a period of more than one year from
date of issuance.
4.
The work performed under a permit shall be in accordance with the
rules and regulations of the Commission.
5.
The City Manager shall have the right to revoke a permit at any time
for violation of the terms of the permit or the rules and regulations
of the Commission.
6.
The permit shall be produced upon request by the Commission, the
City Manager or their agent.
[Ord. 31, 9/18/1995, § 6]
The rules and regulations of the Commission shall provide that
any applicant for a permit who is engaged in the business of trimming,
cutting and pruning trees be required to carry a policy of general
liability insurance covering the activities involved in the permit
in such minimum amounts of coverage as the Commission may from time
to time determine.
[Ord. 31, 9/18/1995, § 7]
Any person who violates any provision of this Part shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $600 together with the costs of prosecution,
or in default of payment thereof, to undergo imprisonment for a period
not exceeding 30 days.
[Ord. 31, 9/18/1995, § 8]
In addition to all the powers and duties granted to the Commission
under this Part, the Commission shall have the right, on behalf of
the City of St. Marys, to seek injunctive relief to prohibit any continuing
violations of this Part or the rules and regulations of the Commission.
[Ord. 31, 9/18/1995, § 9]
Any person who is aggrieved by any action of the Commission
may file an appeal with the office of the City Manager within 10 days
after receiving written notice of the action. The appeal shall be
heard by a board consisting of the City Manager, a community forester
appointed by City Council and the Chairman of the Commission. The
hearing shall be conducted in accordance with the Pennsylvania Local
Agency Law.
