This chapter shall be known and may be cited as the "Jefferson
Borough Roadway Tree and Vegetation Maintenance Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Includes any natural person, partnership, association, firm,
corporation or company who or which owns or occupies land in Jefferson
Borough. The singular shall include the plural; the plural shall include
the singular; and the masculine shall include the feminine and the
neuter.
It shall be unlawful for any person to plant, maintain or allow
to grow any Carolina poplar or willow within the lines of any street,
alley or sidewalk in the Borough or within 100 feet of any public
sewer or water line.
It shall be the duty of persons in Jefferson Borough, York County,
Pennsylvania, to do the following:
A. To keep all trees on or in front of their property, with branches
extending over the cartway of any public road, street or alley, trimmed
or cut and kept trimmed or cut, such branches and limbs thereof so
extending so as to maintain a clearance of at least 14 feet above
the roadway of any street or alley and eight feet above any sidewalk;
and
B. To keep all trees, shrubs, hedges, and other vegetation within the
public right-of-way, trimmed or cut and kept trimmed or cut, or so
as not to obstruct the vision of motorists or interfere in any manner
with the public or governmental use of any public street or right-of-way
appurtenant thereto; and
C. To remove all obstructions of any type, including but not limited
to rocks, stumps, ornaments, decorations or other things placed within
the right-of way of any street or alley.
It shall be the responsibility of all persons to remove from
their property any trees, shrubs or hedges or other vegetation that
are dead or dying, which are located within the right-of-way of any
public road or street or have branches or limbs of said dead of dying
trees extending over the cartway of any public road or street or sidewalk.
The presence of dead or dying trees, shrubs, hedges or other vegetation
is deemed to be a safety hazard and, therefore, detrimental to the
health, safety, and welfare of those residents or persons utilizing
said streets, roads or sidewalks.
Any person violating the provisions of this chapter shall be
guilty of a summary offense and shall, upon conviction thereof in
a summary proceeding, commence to pay a fine of not less than $100
nor more than $300, plus all costs of prosecution, including, but
not limited to, attorneys' fees, and in default of payment thereof,
shall be imprisoned for a period not to exceed 30 days. Each day that
any violation of this chapter continues shall constitute a separate
violation of this chapter and shall subject the person to additional
penalties for such days.
The provisions of this chapter shall be enforced by the Jefferson
Borough Zoning Officer, any Jefferson Borough official appointed from
time to time by Borough Council, or by any police officer having authority
within Jefferson Borough.