[Adopted 8-9-2016 by Ord.
No. D-4-8-9-2016, approved 8-9-2016]
It shall be the duty of every owner of property fronting upon
or alongside any street or alley in the Borough to trim and keep trimmed
all trees planted or growing upon that property or upon the sidewalk
area adjacent to that property so that no part of the tree, or of
its branches or foliage, shall be closer than 15 feet above the surface
of the roadway of the street or nine feet above the surface of the
sidewalk.
It shall be the duty of every owner of property in the Borough
to remove any tree, growing upon that property or upon the sidewalk
area adjacent to that property, upon notice from Council, when the
roots of the tree have caused any part of the sidewalk to heave up,
be cracked or otherwise disturbed, and then to repair or reconstruct
the sidewalk, as required by Council, so as to place the walk in proper
condition.
Any person who violates any provision of this article, or who
fails to fulfill his duty, as required by this article, shall be guilty
of a summary offense and, upon conviction, shall be subject to penalty
as follows: a fine of not more than $600 and costs of such proceedings
or, upon default of payment of such fine and costs, by imprisonment
in the county jail for a term of not more than 30 days; provided,
however, that if the District Justice determines that the defendant
is without the financial means to pay the fine and costs immediately
or in a single remittance, such defendant shall be permitted to pay
the fine or costs in installments and over such periods of time as
the District Justice deems to be just.
