Borough of Pine Grove, PA Article I General Provisions

§ 55-1 Short title.

This chapter shall be known as and may be cited as the "Pine Grove Tree Commission Ordinance."

§ 55-2 Intent.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The intent of this chapter is to exercise the authority to establish a shade tree commission granted by the General Assembly of the Commonwealth of Pennsylvania Act of April 18, 2014, P.L. 432, No. 37, as amended (the Borough Code, 8 Pa.C.S.A. § 101 et seq.), including specifically provision of § 2721 through § 2743 (8 Pa.C.S.A. § 2720 et seq.) and § 1202(63) [8 Pa.C.S.A. 1202(63)] in an effort to promote the maintenance, care, and control salary as a policeman after the date and time set by a qualified firearms officer until such time as such person is qualified as required by this subsection.

§ 55-3 Applicability.

This chapter shall apply uniformly within the Borough of Pine Grove and all property owned by the Borough of Pine Grove or over which it exercises control, including specifically recreation places. All persons, including Borough Officers and officials in their official capacity but excluding the Borough Council, shall be subordinate to the provisions of this chapter.

§ 55-4 Definitions and word usage.

A. Unless specifically defined, words or phrases used herein shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application consistent with the intent and applicability herein expressed.

B. The word "shall" is always mandatory and not merely directory.

C. Words used in the present tense include the future and past, words in the plural number include the singular, words in the singular number include words in the plural, and words either in the feminine, masculine, or neuter shall include words of the other two genders; except where the context dictates that only the stated tense, number or gender should apply.

D. Except as specifically provided, words and phrases herein shall have the definitions provided and determined in and under the Act of April 18, 2014, P.L. 432, No. 37, as amended (the Borough Code, 8 Pa.C.S.A. § 101 et seq.) and other effective Borough Ordinances. Where there are differences in the definitions for a word from one ordinance to another, the definitions in Ordinance No. 254, enacted May 7, 1981, effective June 6, 1981 (Pine Grove Curb and Sidewalk Ordinance)[1] and the definitions in Ordinance No. 255, enacted April 2, 1981, effective April 12, 1981 (Pine Grove Recreation Management Ordinance)[2] shall control.

[1] Editor's Note: See Ch. 159, Streets and Sidewalks, Part 1.

[2] Editor's Note: See Ch. 124, Parks and Recreation.

E. Throughout this chapter, the following words and phrases stall have the specific definitions provided:

BOROUGH

The Borough of Pine Grove, County of Schuylkill in the Commonwealth of Pennsylvania and all lands owned by said Borough or over which it exercises control.

BOROUGH COUNCIL OR COUNCIL

The Borough of Pine Grove, County of Schuylkill in the Commonwealth of Pennsylvania, a Pennsylvania municipal corporation, acting by and through its Council or, in appropriate case, the Shade Tree Commission or the Borough's agents, representatives, officers, officials, or employees specifically authorized by this chapter.

COMMISSION

The Shade Tree Commission for the Borough of Pine Grove established by this chapter.

LARGE TREE

A tree which may attain a height of 45 feet or more.

MEDIUM TREE

A tree which may attain a height of 30 to 45 feet.

PUBLIC TREE

All shade and ornamental trees now or hereafter growing in or near any sidewalk area within the Borough and all trees on land owned by or over which the Borough exercises control.

RECREATION BOARD

The Recreation Board for the Borough of Pine Grove established under Ordinance No. 255, enacted April 2, 1981, effective April 12, 1981 (Pine Grove Recreation Management Ordinance).[3]

SMALL TREE

A tree which may attain a height of 30 feet or under.

[3] Editor's Note: See Ch. 124, Parks and Recreation.

§ 55-5 Application of statutes and ordinances.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The provisions of Ordinance No. 254, enacted May 7, 1981, and effective June 6, 1981 (Pine Grove Curb and Sidewalk Ordinance),[1] of § 2721 through § 2743 of the Borough Code (8 Pa.C.S.A. § 2720 et seq.) and all other applicable provisions of the Borough Code or any other Laws of the Commonwealth of Pennsylvania, including any amendments thereto, shall apply with the Borough of Pine Grove; except, the specific provisions of this chapter shall be read to expand and clarify those provisions. All provisions herein are to be construed, whenever possible, to be consistent with provisions aforementioned; and all provisions herein shall be construed as expanded, clarified, and augmented by applicable provision of the aforementioned provisions.

[1] Editor's Note: See Ch. 159, Streets and Sidewalks, Part 1.

§ 55-6 Warning and disclaimer of liability.

A. The degree of protection sought by the provision of this chapter is considered reasonable for regulatory purposes.

B. This chapter shall not create liability on the part of the Borough or any officer, official, representative, or employee thereof for enforcement or failure to enforce, nor any damages or injury resulting from reliance on this chapter, any rules, regulations or standards established under the authority of this chapter, or any administrative decision lawfully made hereunder. No permission or permit issued according to provision of this chapter shall be considered to provide a warranty of any kind by the Borough.