[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,[1] to:
A.
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.
B.
Place or maintain any rope, wire, sign, poster or other fixture on
a tree or on a tree guard.
C.
Injure or misuse or remove any device placed to protect such trees.
D.
Spray such trees or plants with any chemical or insecticide.
E.
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.
F.
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.
G.
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:
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.