[HISTORY: Adopted by the Borough Council of the Borough of Mount Union 12-7-1992 by Ord. No. 1014 (Ch. XXV, Part 1, of the 1980 Code of Ordinances). Amendments noted where applicable.]
From and after the effective date of this chapter, the Borough Council of the Borough of Mount Union shall have sole and complete authority to plant, remove, maintain and protect shade trees within the rights-of-way for streets and highways in the Borough of Mount Union.
The following words and phrases, when used in this chapter, shall have the meanings hereby ascribed to them, except in those instances where the context clearly indicates a different meaning:
- Any permit in writing as issued by the Borough Council of the Borough of Mount Union.
- Any natural person, firm, association, partnership or corporation.
- PUBLIC STREET OR HIGHWAY
- Any street, sidewalk or alley open to the public.
- SHADE TREE
- Any tree, shrub or other woody plant located within the public right-of-way for a highway or street in the Borough of Mount Union, or that part of any tree, shrub or other woody plant which extends within the lines of any public street or highway.
In this chapter, the singular shall include the plural, and the masculine shall include the feminine.
No person shall plant any shade tree on the public streets or highways in the Borough of Mount Union until a permit has been obtained from the Borough Council of the Borough of Mount Union. Such permit shall designate where and how such tree is to be planted. The permit shall be effective for such length of time as the Borough Council 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 to the Borough that the terms and conditions upon which said permit was issued are or have been violated. The Borough Council may, in its discretion, as a condition precedent to the issuance of a permit, require the applicant to file a bond satisfactory to the Borough or to deposit security satisfactory to it to guarantee the compliance by the applicant with the terms and conditions upon which the permit was issued.
All shade trees planted in accordance with the terms and conditions of this chapter shall be situate as to form as nearly as possible a straight and uniform line with the other shade trees growing upon the said public street or highway. The Borough Council shall have sole and complete authority to designate how and where such trees shall be planted. The Borough Council shall have sole authority from time to time to determine the species of trees to be planted in the public streets and highways of the Borough of Mount Union.
No person, without first obtaining a permit therefor, may trim 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 a shade tree, except in case of immediate necessity for the protection of life or property.
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 to prevent injury to said shade tree.
No person shall pour saltwater, oil or any other material at any place in such manner that injury might result to any shade tree.
No person shall, without having obtained a permit therefor, attach any electrical wire, insulator or any device for the holding of an electrical wire to any shade tree.
Any person having any wire charged with electricity running along or through a public street or highway shall securely fasten such wire or place an adequate shield thereon so that such wire shall not come into contact with any shade tree so as to injure the same.
The costs and expenses for caring for any such shade trees having been planted in accordance with this chapter and the expense of maintaining any shade trees previously planted prior to the effective date of this chapter shall be borne by the owner of real estate abutting said shade tree.
Any person who shall violate the terms and conditions of this chapter shall be subject to summary prosecution and, upon conviction thereof, to pay a fine of not less than $25 nor more than $100.
In the event any property owner shall fail to maintain trees planted prior to the effective date of this chapter, the Borough may assess the costs of maintaining said tree upon the owner of the property abutting said shade tree.