[Ord. 991, 8/18/2014, § 1.00]
1.
The Ferguson Township street and park tree ordinance acknowledges
the urban forest as a necessary part of Township infrastructure. It
states trees and green space are equal with other Township infrastructure
and services as important components of the health, safety and welfare
of residents and visitors. This green infrastructure provides numerous
benefits to the Township including environmental (carbon storage,
increased biodiversity and air pollution mitigation, climate modification
and stormwater mitigation); social (improved human health and quality
of life); and economic (increased property values and business and
decreased energy use). The failure to properly replace and maintain
our urban forest reduces its ability to provide these important ecosystem
processes and services. This Part addresses the management, maintenance
and enforcement policy necessary for a healthy urban forest. As the
Township improves the health of the urban forest, human health and
safety, quality of life and the Township as a whole are improved.
Thus, the purposes of this Part are:
A.
To protect
public health, safety and welfare by providing for efficient and effective
street and park tree management and maintenance. To protect and enhance
our plant, air, soil and water resources and the ecosystem processes
and services they provide.
[Ord. 991, 8/18/2014, § 2.00]
For the purpose of this Part, the following definitions shall
have the following meanings:
The elected governing body of Ferguson Township.
The upper portion of a tree's limbs, branches and leaves.
The Tree Commission of Ferguson Township.
A tree determined by a qualified arborist or Public Works
Director to constitute a threat to the health and/or structure of
other trees and/or a risk to property damage or personal injury. This
could include trees that have been assessed as having improbable,
possible, probable or imminent risk ratings.
Either publication in a newspaper of general circulation
once a week for two consecutive weeks, or written notification sent
by first class mail to property owners immediately affected, or notification
posted on the affected tree. Notice of public hearings shall be published
and sent to affected property owners within 30 calendar days of the
hearing date.
Any tree located in a park controlled by the Township or
its designated agent.
Any individual, firm, partnership, association, corporation,
company or organization of any kind and includes the plural of each.
A tree whose trunk is entirely on private property.
Any public right-of-way, park, easement or other area to
which the Township has title.
Any tree located in a public right-of-way, park easement
or other area to which the Township has title.
The Ferguson Township Public Works Director or his/her designee.
A pruning cut that shortens a limb to a lateral branch large
enough to resume growth of the pruned limb. A reduction cut removes
or shortens a branch to a side branch that is at least one-third the
diameter of the branch being cut.
A tree planted in a location formerly occupied by, or directly
adjacent to, another tree.
A public tree located in the public right-of-way.
A pruning cut that removes a branch at its point of origin
on the trunk or limb.
A woody perennial plant, usually having one dominant vertical
trunk and a mature height greater than 15 feet.
A measure of both a tree's structural stability and
health.
The perimeter of a tree's canopy as measured by a circle
extending upward from the ground to the outermost tips of branches.
 Figure 25-1-1. Tree Drip Line. Area within drip line is tree
protection zone
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The area found between the inside edge of the curb and the
edge of the sidewalk, or from the edge of pavement to the edge of
the sidewalk or from the edge of pavement to edge of the public right-of-way.
The three-dimensional area within a tree's drip line
from the trunk to the edge of the canopy.
A method that ranks both the relative degree of risk and
consequence of tree failure by considering tree condition and defects,
the size of the tree part prone to failure and the vulnerability and
value of any target that may be struck. Tree risk ratings include:
Monday through Friday, excluding legal holidays when Township
offices are closed.
[Ord. 991, 8/18/2014, § 3.00]
The Departments of Public Works is authorized but not limited
to perform activities in regard to public trees including: adopting
policies, rules and regulations for tree management and maintenance;
selecting and planting trees in public areas; ordering the removal
of nuisance, hazardous and/or diseased trees on private and public
property; overseeing tree maintenance operations; overseeing tree
planting and maintenance operations undertaken by contractors; reviewing
land development plans for landscaping including zoning and building
permit applications; completing and updating inventories of public
trees; completing and updating tree and landscape management plans;
completing annual work plans and budgets; and developing and implementing
programs of public participation and education.
[Ord. 991, 8/18/2014, § 4.00]
1.
Creation and Membership.
A.
A Ferguson Township Tree Commission is hereby created which shall
consist of five members appointed by the Board of Supervisors, each
of the five appointments to be subject to confirmation by a majority
of all members of the Township Supervisors. Members shall be selected
on the basis of education, experience or demonstrated interest in
the fields of arboriculture, forestry, horticulture, landscape architecture
or urban design.
B.
Such Commissioners shall be appointed for four-year staggered terms.
A vacancy on the Commission, which occurs for reasons other than the
expiration of a term, shall be filled by the Board of Supervisors
for the unexpired portion of the term.
C.
The Commission shall meet at least quarterly and may adopt appropriate
by-laws to conduct meetings and business. The Public Works Director
shall coordinate staff support for the Commission. Upon request, additional
technical assistance may be provided by other Township departments.
D.
The Commission's role is advisory to the Public Works Director
and the Township Manager.
2.
Organization, Records and Meetings.
A.
Members of the Commission shall elect a chairman, vice-chairman and
such other officers as they may determine necessary. All officers
shall be eligible for reelection.
B.
The Commission shall keep a written record of its meetings in accordance
with law. The Commission shall provide the Township Supervisors with
minutes, annual work plans and annual or other reports of its activities,
as may be requested or required. For the purpose of taking action
a quorum of three members must be present.
3.
Responsibilities. The Commission shall have the following responsibilities:
A.
The Commission shall advise the Public Works Director, and Township
Supervisors, on the planting, design, maintenance, management and
removal of street, park, and other public trees. Such advice may include:
(1)
Recommendations of tree species for planting in public areas.
(2)
Recommendations for controlling diseases and pests damaging
trees.
(3)
Recommendations on arboricultural standards regarding tree preservation,
planting, maintenance and removal.
(4)
Recommendations for public education programs concerning the
importance and care of trees.
(5)
Recommendations on landscape design and other ordinances.
(6)
The preparation and review of a community tree plan.
(7)
The preparation of an annual report of activities.
(8)
The preparation of an annual work plan and budget.
(9)
The preparation and acceptance of grants and contributions.
B.
The Commission shall conduct all appeals and public hearings required by this Part. In accord with §§ 25-105, Subsection 3, and § 25-107, Subsection 2, of this Part, the Commission shall (1) hear appeals by property owners of nonemergency orders by the Public Works Director to eliminate public hazards and nuisances and (2) in a published notice of the public hearing, hear and recommend approval or denial of permit requests for the planting, removal and pruning of public trees including those requested by the Township in nonemergency situations. A decision of the Commission can be appealed within 10 days to the Board of Supervisors. Further appeal is as provided by law.
C.
The Commission, through the Department of Public Works, Department
of Planning and Zoning and/or the Centre Region Parks and Recreation
Department shall provide review and advice on the preparation and/or
amendment of a management plan for street, park and other public trees
in the Township. The plan should recognize the ecosystem processes
and services provided by the Township's public tree program and
include a list or inventory of existing trees (including species,
condition and location). The plan should also include objectives,
strategies, standards and policies for: (1) the planting of trees
(including suitable species for various environments, tree planting
standards and spacing of trees); (2) the management of tree risk;
(3) programs of public participation and education; (4) tree management
and maintenance; (5) landscape design; (6) funding and fund raising;
and (7) other elements of a public tree program. In reviewing and
advising on the plan, the Commission may consult with other Township
authorities, boards and commissions. The Commission shall review the
plan every five years or at other times at the request of the Public
Works Director.
D.
The Commission may, with the approval of the Board of Supervisors,
solicit grants and contributions on behalf of the Township. Grants
and contributions will be administered by the Township. The Commission
shall develop strategies to secure funding for Township beautification
initiatives. All funds obtained by the Commission on behalf of the
Township shall be expended for the specific purpose(s) or under the
stipulations set by the contributor.
E.
The Commission, at the request of the Public Works Director, or other
Authority, Board or Commission or Department, shall review private
and public land development plans applications to determine the impact
of such plans on public trees and to make recommendations on steps
needed to mitigate said impacts. The Commission shall review all proposed
tree planting plans for neighborhood and other development proposals,
and shall have the authority to propose changes. The Commission shall
review proposed plans of public improvements to Township parks, plazas,
streetscapes and other public places, and shall have the authority
to propose changes.
F.
To facilitate review of all private and public land development,
the Public Works Director may establish a subcommittee comprised of
two members of the Tree Commission and the Public Works Director.
The subcommittee shall have the authority to review and comment on
private and public land development plans on behalf of the Tree Commission.
The subcommittee shall meet as required and may report to the Tree
Commission at the next regularly scheduled meeting of the Tree Commission.
G.
The Commission shall educate the public about the environmental,
aesthetic, human health and economic benefits to the Township and
its citizens of both publicly and privately owned trees and green
space.
H.
The Commission shall encourage corporations, local business and neighborhood
associations in the Township to improve the appearance of trees and
landscaping contiguous to their properties or within their neighborhoods.
[Ord. 991, 8/18/2014, § 5.00]
1.
Trees of Imminent Risk; Emergency Measures. Whether in the public
right-of-way or public area if the condition and/or risk rating of
any tree, or any part thereof, is imminent and as such constitutes
an imminent danger to the public, to the public right-of-way or to
other trees or property on Township property, whether such condition
is a result of disease, injury, structure, poor condition, act of
God or any other cause, and is such that there is imminent or likely
danger of the trees or any part thereof failing, falling, dropping
or collapsing upon, or is such that it in any other way is imminently
or likely to cause injury to any person within close proximity or
is imminently or likely to cause damage to any vehicle, structure,
building or other property that is within close proximity, then the
Public Works Director shall be authorized to, or may by contract with
an authorized agency, remove, prune, treat or otherwise abate the
imminent risk, or cause the same to be done, in order to render safe
such risk condition for any tree.
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For trees on private property, if the condition and/or risk rating of any tree, or any part thereof, is imminent in the opinion of the Public Works Director or Township Arborist, and as such constitutes an imminent danger to the public, to the public right-of-way or to other trees or property on Township property, whether such condition is a result of disease, injury, structure, poor condition, act of God or any other cause, the Public Works Director may require the pruning or removal of trees of imminent risk. If within 30 days after the date of notice by certified mail with return receipt requested to prune or remove the trees, the property owner has not complied with that order, then the Public Works Director shall be authorized to, or may by contract with an authorized agency or contractor, remove, prune, treat or otherwise abate the imminent risk, or cause the same to be done, in order to render safe such risk condition for any tree. The cost of pruning and removal of trees by the Township shall be charged to the property owner. The charge shall be a lien against the real estate of the property owner and shall be collected in the same manner as other municipal liens. Further penalties for violations of this subsection shall be those provided in § 25-110, Subsection 1.
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2.
Potentially Hazardous Trees; Tree of Probable or Possible Risk on Private Property. For trees on private property which, in the opinion of the Public Works Director or Township Arborist, are sufficiently damaged, diseased or in such condition as to contribute a probable or possible risk to the public, to the public right-of-way or to other trees or property on Township property, whether such condition is a result of disease, injury, structure, poor condition, act of God or any other cause, the Tree Commission may order the pruning or removal of trees of probable or possible risk by certified mail, return receipt requested. Property owners required to prune or remove trees of probable or possible risk shall have 30 days following receipt of the order to prune or remove such trees, to appeal through the Public Works Department to the Tree Commission. The Tree Commission shall hear the appeal and make a determination within 60 days of the receipt of the appeal. Decisions of the Commission shall be appealable to the Board of Supervisors. Further appeal is as provided for by law. If the property owner does not appeal the order within 30 days of notice, or does not prune or remove the trees within 14 days of the appeal decision, the then the Public Works Director shall be authorized to, or may by contract with an authorized agency or contractor, remove, prune, treat or otherwise abate the imminent risk, or cause the same to be done, in order to render safe such risk condition for any tree. The cost of cutting and removal of trees by the Township shall be charged to the property owner. The charge shall be a lien against the real estate of the property owner and shall be collected in the same manner as other municipal liens. Further penalties for violations of this subsection shall be those provided in § 25-110, Subsection 1.
3.
Nuisance by Disease and/or Pests; Abatement Measures to Protect the
Public. In any instance which in the professional judgment of the
Public Works Director or Township Arborist, trees located on public
property have the appearance of being infested by pests, such as emerald
ash borer or other nuisance-type pests, or has the appearance of being
infected by Dutch elm disease, elm yellows disease, oak wilt or any
other infectious disease, as such terms are known and used by and
among Certified Arborists, the Public Works Director, Township Arborist
or his agent shall inspect the condition of such trees. If upon such
inspection any tree is found to harbor any such pest or infectious
disease as referenced above the Public Works Director shall be authorized
to declare the trees, or any part thereof, to be a nuisance and through
the Department of Public Works, order the removal, pruning, treatment
or abatement of the trees, or part thereof, within such period of
time deemed appropriate by the Public Works Director.
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For trees on private property within the Regional Growth Boundary for the Township, in any instance which in the professional judgment of the Public Works Director, trees located on private property have the appearance of being infested by pests, such as emerald ash borer or other nuisance-type pests, or has the appearance of being infected by Dutch elm disease, elm yellows disease, oak wilt or any other infectious disease, as such terms are known and used by and among Certified Arborists, the Public Works Director or his agent shall inspect the condition of such trees. If upon such inspection any tree is found to harbor any such pest or infectious disease as referenced above the Tree Commission may require the removal, pruning or treatment of trees. If within 30 days after the date of notice by certified mail, return receipt requested, to remove, prune or treat trees, the property owner has not complied with that order, the Public Works Director shall be authorized to declare the trees, or any part thereof, to be a nuisance and through the Department of Public Works, order the removal, pruning, treatment or abatement of the trees, or part thereof. The cost of cutting and removal of trees by the Township shall be charged to the property owner. The charge shall be a lien against the real estate of the property owner and shall be collected in the same manner as other municipal liens. Further penalties for violations of this subsection shall be those provided in § 25-110, Subsection 1.
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In any instance of private property trees within the Regional
Growth Boundary and trees outside the Regional Growth Boundary in
Zoning Districts R1 and RR being infected with oak wilt, and upon
the recommendation of the Township Arborist, the Public Works Director
determines that immediate abatement measures are required in the best
interest of the public to stop the spread of the disease, the Board
of Supervisors authorizes the Public Works Director to take immediate
action to abate the oak wilt disease within the annual Township budget,
or other amount as later determined by the Board of Supervisors, at
no cost to the private property owner, subject to agreement between
the Township and the private property owner.
[Added by Ord. 1023, 10/17/2016] |
4.
Order by Department. No provision of this section shall be construed
so as to preclude the Public Works Director, Tree Commission or Board
of Supervisors from issuing an order to a property owner to remove,
prune or treat any tree or cause the same to be done, in any instance
in which the Director in the exercise of his/her authority deems such
action to be necessary for public health or safety.
[Ord. 991, 8/18/2014, § 6.00]
1.
Duty to Protect. In any public park, public area or in any public right-of-way to which the Township has title, no person shall without written permission, as outlined in § 25-106 of this Part, cut, prune, break, destroy, overthrow, injure, scrape, paint, deface or remove any public tree; or cut, disturb or interfere in any way with the roots of any tree; or remove leaves, flowers or fruit from any tree; or spray with any chemicals or insecticides any tree; or place any rope, sign, poster or other fixture on a tree or tree guard or other device erected to protect such tree; or injure, misuse, or remove any guard or device placed to protect such tree. The penalties for violations of this section which shall be those provided in § 25-110, Subsection 2A and B.
2.
General Protection of Public Trees. The penalties for violations of this section shall be those provided in §§ 25-110, Subsection 2A and B.
A.
Hitching Animals, etc., to Trees. No person shall fasten a dog or
other animal in any manner to a tree or tree guard or other device
erected to protect such tree, nor cause a dog or other animal to stand
so that such dog or animal can injure a tree.
B.
Regulations and Standards for Arbor Work. The planting, removal,
pruning, treatment or maintenance of any public tree shall be done
in accordance with the Township's Regulations and Standards for
Arbor Work. These rules and regulations may only be amended by the
Board of Supervisors by resolution to add new technical standards
and criteria recognized by the tree care profession.
C.
Township Tree Planting List. The planting of any public tree shall
be done in accordance with the Township's Tree Planting List.
The tree planting list may only be amended by the Board of Supervisors
by resolution to add new technical standards and criteria recognized
by the tree care profession.
D.
Protection of Public Trees During Grading, Building Construction or Repair Work on Public or Private Property. In the grading for, destruction, erection or repair of any building or structure, the property owner thereof shall place, or require to be placed, a chain link fencing, or such guards as approved by the Public Works Director, around the drip lines of all nearby public trees as shall effectually prevent injury to such trees. Any trenching, excavating, filling or pruning of limbs or roots within the drip line of any public tree shall be done with written permission of the Department of Public Works as outlined in § 25-107. All root and canopy pruning and other tree work shall be done in accordance to the Township's Regulations and Standards for Arbor Work.
E.
Pouring Injurious Substances to Injure Trees. No person shall purposely
pour salt, salt water, acid, oil, wood killer or any injurious substance
in such a way as to injure any public tree.
F.
Attaching Wires, Etc., to Trees. No person shall, without written
permission from the Department of Public Works, attach any wire, insulator
or any device for the holding of a wire to any shrub or tree growing
or planted in or upon any public property, in any park or in or upon
any public right-of-way in the Township.
G.
Free Passage of Water and Air to Tree Roots. Every person placing
or maintaining upon the ground in a public right-of-way any stone,
cement or other substance or combination thereof, which shall impede
the free passage of water and air to the roots of any public tree
shall leave such open space of ground outside of the trunk of the
tree as may be designated by the Department of Public Works and the
Township's Rules and Regulations for Arbor Work.
H.
Electric Wires Not to Contact Trees. Every person having any electric
wires running through, on or over a public highway in the Township
shall securely fasten such wires so that they shall not come in contact
with any tree.
[Ord. 991, 8/18/2014, § 7.00]
1.
Permit Required.
A.
No street, park or other public tree shall be planted, removed or
pruned (including pruning roots over two inches in diameter) without
obtaining a written permit from the Department of Public Works. No
person shall plant any tree in a location, or of a different species
or variety, or of a different size, or contrary to the specifications
as given on the permit by the Department of Public Works.
B.
A permit will be granted by the Department of Public Works to any
person to plant, remove or prune trees on the condition that the work
to be performed shall be under the supervision and control of the
authorized agents of the Department. All permitted work must be done
in accordance with the Township's Regulations and Standards for
Arbor Work. Each such permit shall be certified by a written permit
issued from the office of the Department of Public Works.
2.
Permit Application; Review by Tree Commission. The Township Tree
Commission shall review and recommend for approval or denial all permit
applications for the planting, removing and pruning of public trees
requested by property owners. The Commission shall recommend for approval
or denial all requests for planting, removing and pruning of public
trees requested by the Township's Department of Public Works,
other department or in neighborhood development or other development
proposals.
3.
Permit; Removal of Public Trees to Accommodate Grading or Construction
on Private Property. If grading or construction on private property
requires the removal or canopy or root pruning of any public tree
a permit from the Department of Public Works shall be required. Approved
and permitted work shall be performed in accordance with the Township's
Regulations and Standards for Arbor Work. If a permit for the removal
of a public tree is granted by the Township to accommodate development
on private property the applicant shall provide one of the following
as a condition of the permit:
A.
Transplanting of the public tree to a location approved by the Public
Works Director. The value of the tree as appraised by a method recognized
by the Council of Tree and Landscape Appraisers, said appraisal shall
be paid for by the applicant and provided to the Township as a bond
for one year after the tree's transplanting. If the tree dies
within the one year bonding period the applicant shall forfeit the
bond to the Township.
B.
Providing the Township with payment for the value of the tree as
appraised by a method recognized by the Council of Tree and Landscape
Appraisers said appraisal shall be paid for by the applicant and provided
to the Township.
4.
Permit Approval/Denial by Tree Commission; Appeal to Board of Supervisors.
The applicant or all affected property owners shall have 10 days following
the approval or denial of a tree planting, removal or pruning permit
by the Tree Commission to appeal in writing to the Board of Supervisors.
The Board of Supervisors shall hear the appeal and make a determination
within 60 days of the receipt of the appeal. Appeals shall be recorded
and decisions shall be written and shall include findings of fact.
Further appeal as provided by law.
[Ord. 991, 8/18/2014, § 8.00]
Whenever the Department of Public Works or other Township department
removes or causes to be removed any tree of any kind within the Township
boundaries that was planted by the Township and stood in any right-of-way,
or that stood in any park or in or upon any other Township-owned land,
the department shall plant, or cause to be planted, no fewer than
one young tree having a minimum caliper of two inches and being deemed
appropriate by the Department of Public Works.
[Ord. 991, 8/18/2014, § 9.00]
The Township is authorized to accept easements, except required
buffer yards, from property owners to plant and maintain trees on
private property within 12 feet of the boundary of a public area.
Such easements shall be in writing, executed, and acknowledged by
such property owners, and shall be recorded in the office of the Recorder
of Deeds.
[Ord. 991, 8/18/2014, § 10.00]
1.
Failure to Comply with Order or Notice. Any person who shall fail
to remove, prune, replace, replant or treat a hazardous or diseased/nuisance
tree, or in any other way violate any provision of any section of
this Part, including any section in which a penalty is not specifically
provided, after receiving written order or notice from the Department
of Public Works, or other form of charge of violation, as applicable,
such person shall, upon conviction, be guilty of a summary offense
and shall be subject to a fine of not less than $1,000 for each violation.
2.
Unlawful Public Tree Destruction, Removal or Injury. Any property
owner, contractor or other person who, without the written permission
of the Department of Public Works, cuts, breaks, destroys or removes
any public tree, or permits or allows any other person, without the
written permission of the Department of Public Works, to cut, break,
destroy or remove any public tree shall, under the advisement of the
Tree Commission and at the direction of Public Works Director shall:
A.
Plant or cause to be planted, or if there is a written agreement
signed by such person and accepted by the Department of Public Works,
by which such person agrees to reimburse the Township for costs incurred
by it, permit the Department of Public Works to plant similar trees
to replace the equivalent total cross-sectional area of the tree which
was unlawfully cut, broken, destroyed or removed. In all instances
of replacement pursuant to this subsection, such replacement trees
shall be sufficient to replace the total cross-sectional area as measured
at diameter at breast height (DBH) of the tree removed. For example,
for every six-inch diameter tree removed, it shall be replaced with
one six-inch tree, or four three inch trees or nine two-inch trees,
all in a manner satisfactory to and in locations approved by the Department
of Public Works. It shall be a violation of this Part for any person
to fail to replant any tree when, as, and if directed by the Department
of Public Works to do so. For purposes of this Part, the word similar
shall mean and include a tree that has a minimum diameter of two inches
or more and is approved by the Department of Public Works.
B.
For willfully injuring or killing a living tree in any public area
by cutting, debarking, breaking, pruning of roots over two inches,
pruning for lights or views, by the use of herbicides, use of a vehicle
or in any other manner wherein it is determined by that such damage
or destruction was intentionally inflicted, such person shall, upon
conviction, be guilty of a summary offense and shall be subject to
a fine of not less than $1,000 for each violation as well as the cost
of repairing or replacing each damaged tree shall be levied. The value
of tree(s) to be repaired or replaced shall be determined by an International
Society of Arboriculture Certified Arborist using a valuation method
approved by the Council of Tree and Landscape Appraisers, said appraisal
shall be paid for by the property owner, contractor or other person
who injured or killed a living tree in any public area and said appraisal
shall be provided to the Township.
3.
Interference with Township Departments. No person shall prevent,
delay, harass or interfere with the Department of Public Works or
any other Township department, or any of their agents or employees,
including any employees of the Department of Public Works in the planting,
pruning, spraying or removing of a public tree, or in the removal
of any stone, cement or other substance about the trunk or roots of
a public tree, or in any other aspect of the administration and enforcement
of the provisions of this Part. Any person who violates the provisions
of this section shall upon conviction thereof be guilty of a summary
offense and be subject to a fine of not less than $100.
4.
Unlawful to Prune Oak Trees During Certain Times of the Year. To
prevent the spread of oak wilt, within the Regional Growth Boundary,
it shall be unlawful for any person, resident, contractor, utility
company to prune, or allow to be pruned, any private or public oak
trees from April 1 to October 31 without first obtaining a tree permit
from the Township Arborist which may be issued to address emergency
conditions. Any person who violates the provisions of this subsection
shall upon conviction thereof be guilty of a summary offense and be
subject to a fine of not less than $500 nor more than $5,000.
[Added by Ord. 1023, 10/17/2016]
5.
Unlawful to Climb Oak Trees With Boot Spurs or Spikes. To prevent
the spread of oak wilt, within the Regional Growth Boundary, it shall
be unlawful for any person, resident, contractor, utility company
to climb, or allow to be climbed, any private or public oak trees
at any time with boot spikes or spurs, except to remove the tree in
its entirety. Any person who violates the provisions of this subsection
shall upon conviction thereof be guilty of a summary offense and be
subject to a fine of not less than $500 nor more than $5,000.
[Added by Ord. 1023, 10/17/2016]
