[Ord. 197, 3/13/1906, § 1]
It shall be unlawful from and after the approval of this Part
for any person, or persons, firm or corporation to plant or set out
or to have planted or set out any North Carolina poplar tree within
the lines of any avenue, street, lane, alley or road, of the Borough
of Ben Avon under the penalty of $10 for each tree planted or set
out, to be recoverable to the use of the Borough as fines and penalties
are by law recoverable.
[Ord. 197, 3/13/1906, § 2]
The Street Committee of Council is hereby authorized and directed
to remove, cut down and kill and to have removed, cut down and killed
all North Carolina poplar trees growing on the avenues, streets, lanes,
alleys and roads of the Borough after 30 days from the approval of
this Part.
[Ord. 197, 3/13/1906, § 3; as amended by Ord. 752,
1/17/2012]
It shall be unlawful to set out or plant any tree in the soil
within the lines of any of the avenues, streets, lanes, alleys or
roads of said Borough in front of any lot or property. The owner of
any lot or property who shall set out or plant or have set out or
planted any tree in the soil within the lines of any of the avenues,
streets, lanes, alleys or roads of said Borough, in front of his,
her, their or its property shall, upon conviction thereof, be sentenced
to a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense. Said fine to be for the use of the Borough and
to be collected as fines and penalties are by law recoverable. And
the Street Committee of Council is hereby authorized and directed
to remove said trees so set out.
