[Adopted 5-7-2007 ATM by Art. 23]
A. 
Violations of the Public Shade Tree Regulations of the Town of Marblehead which are approved by the Select Board, may be penalized by a noncriminal disposition in the manner provided in Chapter 40, Section 21D of the General Laws. For the purpose of this section, the specific penalty which is to apply for violation of said regulations shall be listed below and the Town officer or employee whose title(s) are listed shall be deemed the enforcing officer(s) for the regulations.
B. 
Public shade tree regulations: Penalty for violation of the Public Shade Tree Regulations shall be as follows:
(1) 
Three hundred dollars for each offense and on each day a violation exists may be deemed to be a separate offense. An offense shall be deemed to occur on each day from the day the offense(s) occurs through the date upon which a public hearing resulting in the resolution of the offense(s) is closed as determined by the Tree Warden; and
(2) 
Said penalty shall be paid in accordance with MGL c. 40 § 21D. This section shall be enforced by the Tree Warden.
[Added 5-1-2023 ATM by Art. 42]
A. 
The Town may plant trees within 20 feet of the public right-of-way, provided that written permission from the adjoining property owner is obtained first consistent with G.L.c. 87, sec. 7.
B. 
The trees planted under this provision are defined as "public shade trees" and thus protected by all sections of G.L. c. 87.