It shall be unlawful for any person, firm or corporation to plant any tree or shrub on any public highway or park in the Borough of Morrisville, without first obtaining from the Mayor and Town Council (hereinafter called Borough Council), a written permit complying in all respects with the condition set forth in the same.
[Adopted 10-14-1969 by Ord. No. 622]
A.
In order to obtain a uniform effect, it shall be necessary for any person, firm or corporation desiring to plant trees or shrubs on any public highway or park in the Borough of Morrisville to use only such varieties as may be specified by the Borough Council.
B.
The location of all trees and shrubs on any public highway or park of the Borough of Morrisville shall be determined by the Borough Council working in conjunction with the Borough Council or committees thereof. Street trees may be located on either side of the sidewalk, whichever position may be best for tree growth and for the appearance of the street but must be planted on public property within the specified width of the public highway on which they are located.
A.
It shall be unlawful for any person, firm or corporation, without a written permit of the Borough Council, to cut, break, climb or injure any tree or shrub planted or growing in any public highway or public park of the Borough of Morrisville, or cause, authorize, or procure any person to cut, break, climb, or injure any such tree or portion thereof; or to injure, misuse, or remove or cause, authorize or procure any person to injure, misuse or remove any device set for the protection of any tree or plant in any public highway or park in the Borough of Morrisville.
B.
Any person, firm or corporation, desiring to cut, prune or spray any tree or shrub in any public highway or public park of the Borough of Morrisville, may apply to the Borough Council; and if, in the judgment of said Borough Council, the desired cutting, pruning or spraying shall appear necessary, and the proposed method and workmanship thereof is such as said Council approves, the Borough Council thereupon will issue a written permit for such work. Any work done under such written permit must be performed in strict accordance with the terms thereof.
It shall be unlawful for any person, firm or corporation to kill or remove or cause, authorize or procure the death or removal of any tree planted or growing in any public highway or public park of the Borough of Morrisville. Any person or corporation desiring, for any lawful purpose, to take down or remove any tree in any public highway or park of said Borough may apply to the Borough Council and, if in the judgment of said Council the desired taking down or removal shall appear necessary, the Borough Council may thereupon issue a written permit therefor. Any work done under such written permit must be performed in strict accordance with the terms thereof.
It shall be unlawful for any person, firm or corporation owning, or using, or having control or charge of gas, hot water, steam, or other substance deleterious to tree life to allow such gas, hot water, steam, or other substance to come into contact with the soil surrounding the roots of any tree in any public highway or any tree or plant in any park in the Borough of Morrisville in such manner as may injure such tree or plant.
It shall be unlawful for any person, firm or corporation to cause, authorize or procure any brine water, oil, liquid, dye, or other substance deleterious to tree life, to lie, leak, pour or drip on or into the soil about the base of a tree in any public highway or park of the Borough of Morrisville or on a sidewalk, road, or pavement herein at a point whence such substance may be lying, or by flowing, dripping or seeping into such soil, or in any other manner whatever, injure such tree; or to cause or procure such lying, leaking, flowing, dripping, seeping or injury.
It shall be unlawful for any person, firm or corporation, except with the written permit of the Borough Council, to place or maintain upon the ground of any public highway or park within the Borough of Morrisville, any stone, cement, or other material or substance in such matter as may obstruct the free access of air and water to the roots of any tree in any such highway or park.
It shall be unlawful for any person, firm or corporation to cause, authorize or procure a wire or other conductor charged with electricity, to come into contact with any tree in a public highway or with any tree or plant in the park in the Borough of Morrisville in such manner as may injure or kill such tree or plant.
It shall be unlawful for any person, firm or corporation, without a written permit of the Borough Council, to attach or keep attached to any tree in any public highway or park in the Borough of Morrisville, or to the guard or stake intended for the protection of such tree, any rope, wire, sign or any other device whatsoever.
It shall be unlawful for any person, firm or corporation to scar, injure or destroy any tree or shrub on any public highway or park of the Borough of Morrisville either by animals or motor vehicles.
During the erection, repair, alteration or removal of any building or structure within the Borough of Morrisville, it shall be unlawful for any person or persons in charge of such erection, repair, alteration or removal, to leave any street tree in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to said tree, arising out of or by reason of said erection, repair, alteration or removal.
It shall be unlawful for any person, firm or corporation to interfere or cause or authorize an interference with the Borough Council or any of its agents or employees while they are engaged in planting, maintaining, or removing any trees or shrubs from any public highway or park in the Borough of Morrisville.
[Amended 5-14-1985 by Ord. No. 800]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days.
All fines or penalties imposed for the violation of any part of this article shall be collected in the manner provided by law for the collection of fines for the violation of Borough ordinances and shall be paid into the Borough treasury for the use of the Borough Council.