It shall be the duty of any owner or occupant
or person in possession or control of property abutting on any street
in the Village to keep shade trees in front of premises trimmed so
that overhanging limbs will not interfere with passersby on the sidewalk
or on the street. All overhanging limbs shall be at least eight feet
above the center of the sidewalk and 13 feet above the roadway.
A.
Whenever the Superintendent of Public Works shall
find that trees are not so trimmed, he may serve a notice upon such
owner or occupant requiring such trees to be trimmed.
B.
If the owner of the premises where trees are not trimmed,
as required by this article, cannot be served with reasonable diligence
or where such owner or occupant fails or refuses to trim such trees
pursuant to such notice, the Superintendent of Public Works may cause
said trees to be trimmed and certify the cost thereof to the Village
Clerk, and the cost thereof shall thereupon be assessed on the property
of such owner in the same manner as a tax or assessment.
[Amended 5-9-1983 by L.L. No. 1-1983]
It shall be the duty of the owner or occupant or person in possession or control of property abutting on any street in the Village to remove any rotten or broken trees or limbs of trees that are likely or may become likely to fall into the street or upon the sidewalk, whether such trees shall be upon the property of such abutting owner or property line within the lines of the highway. Wherever it shall appear that any tree is in a dangerous condition and is likely or may become likely to fall upon any sidewalk or street in the Village, or causes a dangerous or unsafe condition to any sidewalk or street in the Village, a notice may be served as provided in § 250-51 hereof, and such tree or limb of a tree shall be removed or supported by the Village at the cost of the abutting owner as provided in § 250-51 hereof.
[Amended 9-28-1964; 8-10-1987 by L.L. No. 4-1987]
No person, firm, association or corporation
shall injure or destroy any shade tree planted or grown upon any sidewalk,
public street or highway within the Village of East Rockaway; nor
shall any such person, firm, association or corporation remove any
shade tree planted or growing upon any sidewalk, public street or
highway, including that portion of the highway between a sidewalk
and the curbline, within the Village of East Rockaway, except upon
a permit to be issued by the Superintendent of Public Works upon application
as hereinafter provided. No such permit shall be issued except upon
the application of the applicant agreeing that he, the applicant,
will remove said tree or trees at his own cost and expense and will
hold the Village harmless, and that he will replace said tree or trees,
if so directed by said Superintendent of Public Works of the Village,
with another shade tree or trees within four months, that if he does
not replace said tree or trees as the case may be, within four months,
the Village of East Rockaway may cause a shade tree or shade trees
to be planted in the place and stead of the tree or trees removed
and charge the cost thereof to the applicant, in addition to any other
penalties herein provided.
[Amended 9-28-1964; 8-10-1987 by L.L. No. 4-1987]
Any person committing an offense against any
provision of this article shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
