[Ord. 213, 4/8/1958]
The following words and phrases, when used in these regulations, shall have the meanings ascribed to them, except in those instances where the context clearly indicates a different meaning:
COMMISSION
The Shade Tree Commission of the Borough of Canton.
PERMIT
Any permit in writing as issued by the Secretary of the Shade Tree Commission.
PERSON
Any natural person, firm, association, partnership or corporation.
PUBLIC HIGHWAY
Any street, sidewalk or alley open to the public.
SECRETARY
The Borough Secretary in his capacity as Secretary of the Shade Tree Commission.
SHADE TREE
Any tree, shrub or other woody plant on any public highway in the Borough of Canton, or that part of any tree, shrub or other woody plant which extends within the lines of any public highway.
In these regulations the singular shall include the plural and the masculine shall include the feminine.
[Ord. 213, 4/8/1958]
The Commission shall have exclusive custody and control of the shade trees in the Borough of Canton and is authorized to plant, maintain and protect shade trees on the public highways in the Borough.
[Ord. 213, 4/8/1958]
The application for any permit required hereunder shall be made in writing to the Secretary. It shall specify the particular kind of work or operation the applicant desires to perform thereunder and shall state the exact location and the species of any tree affected. It shall be the duty of the Secretary to submit every such application promptly to the Commission for approval or disapproval. The permit shall be effective for such length of time as the Commission shall in each case determine and such time shall be indicated on the permit. Any such permit may be revoked at any time upon proof satisfactory to the Commission that any of the terms or conditions upon which such permit was issued are to have been violated. The Commission, in its discretion, may, as a condition precedent to the issuance of the permit, require the applicant to file a bond satisfactory to the Commission or to deposit security satisfactory to it to guarantee the compliance by the applicant with the terms and conditions upon which such permit is issued.
[Ord. 213, 4/8/1958]
No person shall plant any shade tree in the Borough of Canton until such a permit therefor is granted, such permit to designate where such tree is to be planted. The Commission may refuse a permit to plant any species of tree which in its opinion is not suited to the location.
[Ord. 213, 4/8/1958; as amended by Ord. 470, 9/14/1998]
All shade trees planted in and among any of the public highways in the Borough of Canton shall be set so as to form as nearly as possible a straight and uniform line with the other shade trees growing upon the same highway. Said trees shall be planted or set from 25 to 30 feet apart where practicable and shall be sound, straight and symmetrical. Every such tree shall be planted in a pit three feet square filled with good topsoil otherwise enriched and shall have an open space of ground outside the trunk of said tree with an area where practicable of not less than four feet square for the free entrance of water and air to the roots thereof. Trees appropriate for the location will be advised by the Shade Tree Commission. A list of appropriate trees is available in the Borough Office.
[Ord. 213, 4/8/1958; as amended by Ord. 470, 9/14/1998]
1. 
All shade trees shall be kept trimmed by the owner of the property on or in front of which they are located:
A. 
So as not to interfere with the proper lighting of public highways by the street lights.
B. 
So that the minimum clearance of any public highway of any overhanging portion thereof shall be 13 feet and eight feet over a sidewalk. Provided, the Commission shall have the authority to designate a higher clearance on any public highway where heavy traffic or other conditions make it expedient.
C. 
The property owners remove diseased, damaged or decayed trees or parts of trees in danger of falling and thus injuring persons using streets and sidewalks.
2. 
If any property owner shall neglect or refuse to trim any shade tree as required by this Section, upon notice in writing by the Commission, within the time limit specified in such notice, the Commission may cause such trimming to be done at the expense of such owner and the entire cost thereof shall be a lien upon said premises and a claim therefor caused be filed and collected by the Borough Solicitor in the same manner as Borough claims are filed and collected.
[Ord. 213, 4/8/1958]
No person shall, without first obtaining a permit therefor, cut, break, climb with spurs, injure in any manner or remove any shade tree or cut down or interfere in any way with the main roots of any shade tree or spray any shade tree with any chemical or insecticide or place any rope, guy wire, cable, sign, poster or any other fixture on any shade tree or guard for any shade tree or injure, misuse or remove any device placed to protect any shade tree except in case of immediate necessary for the protection of life and property.
[Ord. 213, 4/8/1958]
No person shall, without first obtaining a permit, place or hereafter maintain any stone, cement or any other substance which shall impede the passage of water and air to the roots of any shade tree unless such persons shall have an open space of ground surrounding the trunk of such tree, such space to be not less than four feet square.
[Ord. 213, 4/8/1958]
In connection with any building operation or the performance of any work whatsoever in the Borough in the vicinity of any shade tree, before any work shall be commenced, guards shall be placed at all shade trees which might be affected by such work so as effectually to prevent injury to them.
[Ord. 213, 4/8/1958]
No person shall pour salt water, oil or any other material at any place in such a manner that injury might result to any shade tree.
[Ord. 213, 4/8/1958]
No person shall, without first having obtained a permit therefor, attach any electric wire, insulator or any device for the holding of an electric wire to any shade tree.
[Ord. 213, 4/8/1958]
Every person having any wire charged with electricity running along or through a public highway shall securely fasten such wire or place an adequate shield thereon so that such wire shall not come into contact with any shade tree so as not to injure the same.
[Ord. 213, 4/8/1958]
Whenever, in order to take down or prune any shade tree in any public highway or having branches extending over any public highway, it shall be deemed necessary to remove any wire running through or along such public highway the owner of such wire shall temporarily remove the same or cut off the flow of current therefrom within 24 hours after service of written notice from the Commission to do so.
[Ord. 213, 4/8/1958]
These regulations shall be enforced by the Commission in conjunction with the Mayor and the Borough Police.
[Ord. 213, 4/8/1958; as amended by Ord. 470, 9/14/1998]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days.
[Ord. 436, 6/10/1991; as amended by Ord. 470, 9/14/1998]
1. 
The owner of any tree in the Borough that has branches that are lower than 13 feet in height and over any street in the Borough must be removed by the owner of the tree or the Borough will remove these branches.
2. 
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days.