[HISTORY: Adopted by the Municipal Council of the Town (now Township) of Irvington 1-13-1981 by Ord. No. MC 2622 as Ch. 188 of the 1981 Revised Code. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 555.
[Amended 1-12-2016 by Ord. No. MC 3562]
Pursuant to the authority of N.J.S.A. 40:48-2.26 et seq., the Municipal Council hereby requires the owner, tenant or other occupants of any lands within the Town, wherever necessary and expedient for the preservation of the public safety, to keep all brush, hedges and other plant life growing within 10 feet of any roadway or street and within 25 feet of the intersection of two roadways or streets cut to a height of not more than 2 1/2 feet within 10 days after written notice by the Director of Public Safety, sent to the last known post office address of such owner, tenant or occupant by registered mail, to cut the same.
In the event the owner, tenant or occupant as set forth in § 610-1 fails, neglects or refuses to cut such brush, hedges and other plant life within the ten-day period as provided by said section, the Director of Public Safety or his agent for that purpose may, on behalf of the Town, cause such brush, hedges and other plant life to be cut.
In every case in which, by force of § 610-1 and this section, the cutting of the foregoing, by reason of the failure, neglect or refusal of the owner, tenant or occupant to cut the same, is done under the direction of the Director of Public Safety or his agent for that purpose, the cost thereof shall be certified to the Municipal Council, which shall examine the certificate of cost and, if found correct, shall cause the same as shown thereon to be charged against such lands, and the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and to be collected and enforced by the same officers and in the same manner as taxes.
No person shall cut, break, climb, injure or remove, or cause or procure any person to cut, break, climb, injure or remove, any living tree in a public highway of the Town. No person shall injure, misuse or remove, or cause or procure any person to injure, misuse or remove, any device placed to protect any tree or plant in any street of the Town. Any person desiring to cut, trim or remove any shade tree in any street of the Town may apply to the Division of Public Property for a written permit therefor, and, upon such permit's being granted, may climb, cut, trim or remove any tree mentioned in such permit in accordance with the terms thereof.
No person shall plant or set out any shade tree or cause or procure any person to plant or set out any shade tree in or on any part of any public highway of the Town without first obtaining a written permit therefor from the Division of Public Property setting forth the conditions under which such tree may be planted or set out and in all respects complying with the conditions of such permit.
No person shall in anywise interfere or cause or permit any person to interfere with the Division of Public Property or its appointees or employees in and about the planting, mulching, pruning, spraying, or removing of stone, cement or other sidewalk, or stone, cement or other substance about the trunk of any tree in any street of the Town.
No person shall, without a written permit from the Division of Public Property, place or maintain or cause to be placed or maintained upon the ground in a public highway of the Town any stone, cement or other sidewalk or any stone, cement or other substance which shall impede the free access of water and air to the roots of any tree in such highway. Unless otherwise provided for in such written permit, there shall be maintained about the base of the trunk of each shade tree in the streets of the Town nine square feet of open ground for a tree of three inches in diameter, and for every three inches of increase of such diameter, there shall be an increase of at least two square feet of open ground.
No person shall, without a written permit from the Division of Public Property, attach or keep attached to a tree in a public highway, or to the guard or stake intended for the protection of such a tree, a rope, wire, sign or any device.
In the erection or repair of a building or structure, the owner thereof shall place such guards around or nearby trees on the public highways as shall effectually prevent injury to them.
Every person having any wire running through a public highway shall securely fasten such wire so that it shall not come into contact with any tree therein.