[STC:11-10-61]
Whereas, as provided in Chapter 325, of the Laws of 1915, and
amendments and supplements thereto, Chapter 42 Laws of 1958 of the
State of New Jersey, the Mayor and Council did on January 28, 1947
adopt an ordinance creating and establishing a Shade Tree Commission,
granting to the Commission all such authority and power as conferred
upon it by N.J.S.A. 40:64-1 et seq. The Shade Tree Commission, in
order to perform the duties of the Commission as contained in the
aforementioned enabling acts, does hereby enact the following Rules
and Regulations.
[STC:11-10-61 § 1]
There is hereby vested in the Shade Tree Commission full and
exclusive control over the regulation, planting and care of shade
and ornamental trees and shrubbery now located, or which may hereafter
be planted in any public highway, park, or parkway in the City of
Asbury Park, including the planting, trimming, spraying, care and
protection thereof; regulate and control the use of the ground surrounding
the same, so far as may be necessary for their proper growth, care
and protection; remove or require the removal of any tree or part
thereof, dangerous to public safety; administer treatment to or remove
any tree situated on private property which is believed to harbor
a disease or insects readily communicable to neighboring healthy trees
in the care of the City and enter upon private property for that purpose
with the consent of the owner thereof, provided suspected condition
is first confirmed by a certificate issued by or on behalf of the
Department of Agriculture.
[STC:11-10-61 § 2]
It shall be unlawful and a violation of the provisions of this
chapter for any person or persons to prune or cut a highway shade
tree without the consent of the Shade Tree Commission.
[STC:11-10-61 § 3]
It shall be unlawful and a violation of the provisions of this
chapter for any person or persons to injure, tamper, willfully break,
destroy or remove any highway shade tree.
[STC:11-10-61 § 4]
Any person who shall violate any of the provisions of this chapter
and any person who aids, abets or assists therein, shall, upon conviction
thereof by the Judge be subject to a fine of any amount, not exceeding
two hundred ($200.00) dollars for each offense or violation or be
imprisoned for a term not exceeding thirty (30) days in the County
Jail, or in any place provided by the municipality for the detention
of prisoners, or both.
[STC: 11-10- 61 § 5]
This chapter shall be deemed to be in addition and supplementary
to, and not be in conflict with nor a repeal of prior or existing
ordinances of this City, but shall be an additional provision for
the regulation and control of highway shade trees.
[STC: Ord. No. 758 § 5]
No person shall do, or cause to be done, any of the following
acts upon the City streets without the written permit of the Shade
Tree Commission.
a.
Cut, trim, break, climb with spikes, disturb the roots of, or otherwise
injure, or spray with any chemical, or remove, any living tree or
shrub; or injure, misuse or remove any structure or device placed
to support or protect such tree or shrub.
b.
Plant any tree or shrub.
c.
Fasten any rope, wire, electric attachment, sign or other device
to a tree or shrub, or to any guard about such tree or shrub.
d.
Close or obstruct any open space provided about the base of the tree
or shrub to permit the access of air, water, or fertilizer to the
roots of such tree or shrub.
e.
Pile any building material, or make any mortar or cement within six
(6) feet of a tree or shrub.
[STC: Ord. No. 758 § 6]
a.
Every person having control over any wire for the transmission of
an electric current along a public street shall at all times guard
all trees through which or near which, such wire passes against any
injury from the wire or from the electric current carried by it. The
device or means used shall in every case be subject to the approval
of the Shade Tree Commission.
b.
No person shall permit any brine, gas or injurious chemical to come
in contact with the stem or roots of any tree or shrub upon a public
street.
