As used in this chapter:
SHADE TREE COMMISSION
shall mean the shade tree commission of the Borough of Little
Silver and its duly authorized representatives.
SHADE TREE
shall mean any ornamental trees and shrubbery now located
or which may hereafter be planted in any public highway, park or parkway
in the borough except those located or planted on county highways,
parks and parkways and state highways.
STREET
shall mean all streets, roads, roadways, public highways,
parks or parkways, public alleys, public places in the borough except
county parks, parkways and highways and State highways.
No person shall, without the permission of the shade tree commission,
do or cause to be done by others, either purposely, carelessly or
negligently, to any tree, shrub or plant on a public street, any of
the following acts: cut, prune, climb with spikes, break, damage or
remove; cut, disturb or interfere in any way with any root; spray
with any chemical; fasten any rope wire, sign or other device; or
remove or damage any guard or device placed to protect any tree or
shrub.
Nothing herein shall prevent any governmental agency from putting
a public notice upon a tree in connection with administering governmental
affairs.
No person shall, without the permission of the shade tree commission,
place or maintain or cause to be placed or maintained upon the ground
in any public street any stone, cement or other sidewalk, or any stone,
cement or other substance, which shall impede the free access of air
and water to the roots of any tree or shrub in any public street.
An open space of not less than two feet outside the trunks of
trees at their bases on all sides shall be maintained on all trees
on public streets except where limited by curbs or sidewalks.
No person shall place salt, brine, oil or other substances injurious
to plant growth, in any public street in such a manner as to injure
any tree or shrub growing thereon.
No person shall build any fire or station any tar kettle, road
roller or other engine in any public street in such a manner that
the heat vapors or fumes therefrom may injure any tree or shrub growing
thereon.
No person shall lay any sidewalk along or open, construct, curb
or pave any street or do any like act so as to interfere with or cause
injury to any highway shade tree without the consent of the shade
tree commission.
In the erection, altering, or repairing of any building or structure
the owner or contractor thereof shall place such guards around all
nearby trees in public streets as will effectually prevent injury
to such trees.
No person shall do any excavating within two feet of any tree
or shrub without the permission of the shade tree commission.
Shovels and all other implements, machines and tools shall be
used or operated in such a manner as not to damage or destroy any
tree, shrub or plant in any public street.
Where in authorized excavations it becomes necessary to expose
or cut roots more than one inch in diameter, it shall be the duty
of the contractor to protect such roots under advice from the shade
tree commission.
Every person having or maintaining any electric, telephone,
telegraph, or other wires running through a public street shall securely
fasten and maintain such wires in such a manner as will safeguard
the trees and shrubs against any damage therefrom and shall make periodical
adjustments whenever necessary to prevent damage to trees and shrubs
growing in any public street.
No person shall without permission of the shade tree commission,
attach or fasten any wire, insulator, or other device for holding
any wire, to any tree or shrub in any public street.
Any utility company or its agents may, with prior permission
from the shade tree commission, prune and remove trees for line clearance
of utility wires.
Where the permission, consent or approval of the shade tree
commission is required by the provisions of this chapter, any person
required to obtain such permission, consent or approval shall first
make application therefor, to the shade tree commission.
The owner, contractor or other persons interested as lessee,
tenant or otherwise of a building or premises where a violation of
any provision of these regulations shall have been committed or shall
exist may, upon conviction for each violation, be fined an amount
not exceeding five hundred ($500.00) dollars. Each day that a violation
is permitted to exist following a ten day written notice by the shade
tree commission shall constitute a separate offense.