[HISTORY: Adopted by the Borough Council of the Borough of
Mount Holly Springs as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. XXIII, of the 1979 Code of Ordinances]
A.
In this article, the word "person" shall mean and include any natural
person, partnership, firm or corporation. The singular shall include
the plural and the plural the singular, and the masculine shall include
the feminine and neuter.
Every person, owning property within the Borough of Mount Holly
Springs, shall keep the limbs of all trees, growing upon such property
or upon or along the sidewalk abutting thereon, trimmed so that there
shall at all times be a clearance of at least 16 feet above the surface
of any street or alley and of at least eight feet above the surface
of the sidewalk.
It shall be unlawful for any person hereafter to plant any tree
along the curb or at the outer edge of a sidewalk at a greater distance
than one foot from the curb.
If any owner of property within the Borough of Mount Holly Springs shall not, within 48 hours after notice from the Borough Council so to do, trim tree limbs growing contrary to the provisions of § 466-2, or remove trees planted contrary to the provisions of § 466-3, the Borough Council may cause such tree limbs to be trimmed or such trees to be removed, and shall collect the cost of such trimming or removal, with an additional amount of 10% from such defaulting property owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Cumberland County. Provided further: the penalty imposed under this section may be in addition to the cost of trimming or removal and an additional amount of 10%, as authorized by § 466-4.
