[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown 11-27-72 as Ord. No. 255. Amendments noted where applicable.]
Be it ordained by the Mayor and Council of the Borough of Woodstown, in the County of Salem and State of New Jersey:
It shall not be lawful for any person, firm or corporation, or an agent, officer, employee or servant thereof, without a written permit from the Shade Tree Committee, to:
Cut, climb, prune, break, injure or remove any living tree or plant on a public highway, public ground or park, or cut, disturb, injure or in any way interfere with the roots of any such tree or plant.
Place or maintain any rope, wire, sign, poster or other fixture on a tree or on a tree guard.
Injure or misuse or remove any device placed to protect such trees.
Spray such trees or plants with any chemical or insecticide.
Fasten a horse or other animal to a tree, or cause a horse or other animal to stand so that the said horse or animal can injure such a tree.
Pour salt water or place salt or other chemical upon any highway, public ground or park in such a manner as to injure any tree or plant, planted or growing thereon.
Permit the laying or maintenance of gas or other pipes in such locations as to cause injury to any tree or plant on such highway, public ground or park, by interference with the roots thereof or by the escape of gas or otherwise.
It shall not be lawful for any person, firm or corporation, or any agent, officer, employee or servant thereof, without a written permit from the Shade Tree Committee, to:
Attach any conduit, insulator, electric, telephone, telegraph or other overhead wire to any tree or maintain it so attached in a public highway, public ground or park.
Place or maintain any wire or wires on a public highway, public ground or park so that it or they may come in contact with any tree.
Place or maintain upon the ground in a public highway, public ground or park any pavement of stone, cement or other substance which shall impede the free access of water and air to the roots of any tree in such highway or public ground or park. Unless otherwise provided in such written permit, there must be maintained about the base of each tree not less than 16 inches of open space.
During the construction of any building or structure or work done upon or abutting a public highway, the owner of such building or structure, or the person for whom such work is per-formed, shall cause to be placed and maintained on all nearby trees on such public highway such guards as shall effectively prevent injury to them.
Any person or corporation having any wire or wires running through or over a public highway, public ground or park shall temporarily remove such wire or wires therefrom within twenty-four (24) hours after the service of a written notice from the Shade Tree Committee directing such removal, in order to permit access to the trees.
No person or corporation shall in anywise interfere, or cause or permit any person to interfere, with the Shade Tree Committee or its employees in the planting, mulching, pruning, spraying or removing of any tree or plant in the public highways or parks, or in the removing of sidewalks or paving of stone, cement or of other substances from about the trunks of any such trees.
No person or corporation shall plant or set out, or cause or permit to be set out, any shade tree or trees in or on any part of any highway or public park without first obtaining a written permit therefor from the Shade Tree Committee.
Applications for permits to plant, climb, prune, trim, remove or disturb a tree in any public highway, park or public grounds shall be made in writing to the Shade Tree Committee, and, if approved by it a written permit shall be issued by said Committee or the Secretary thereof, defining in specific terms the extent of the contemplated work; and no work other than that directly authorized shall be done under such permit.
Any person, firm or corporation, or any agent, officer, employee or servant thereof, violating any of the provisions of this chapter, shall, upon conviction of such violation, be liable to a fine not exceeding $500 or imprisonment for a period not exceeding ninety (90) days, or both, at the discretion of the court in which the conviction is had.
If any person, firm or corporation, or agent, officer, employee or servant thereof, after having violated any provision of this chapter, shall, upon the same or any subsequent day or days, commit further violation or violations of the same, each such subsequent violation shall be taken as constituting an additional offense and shall subject the violator to the penalties provided for the first violation.
If any person, firm or corporation, or any agent, officer, employee or servant thereof, shall neglect to perform any duty required of him by this chapter, then each day of such negligence shall constitute an additional violation of this chapter and shall subject the person so neglecting to the penalties provided for a first violation.