As used in this chapter, certain terms are defined
as follows:
COMMISSION
The Shade Tree Commission of the Borough of Jim Thorpe.
COUNCIL
The Council of the Borough of Jim Thorpe.
DEPARTMENT
The Street Department of the Borough of Jim Thorpe.
MAINTENANCE or MAINTAIN
Clipping, trimming, fertilizing, spraying, treating for disease
or injury and similar acts to promote health, growth or beauty to
trees.
NOTICE
Either publication in a newspaper of general circulation
once a week for two consecutive weeks or written notification sent
by first-class mail to property owners immediately affected or notification
posted on the affected tree. Notice of public hearing shall be published
and sent to affected property owners within 30 calendar days of the
hearing date.
PARK
Includes all public parks.
PERSON
Includes individuals, partnerships, associations and corporations.
PLANTING
Putting or setting into the ground.
PUBLIC AREA
Any public or right-of-way, park, easement or other area
under the control of the Borough.
PUBLIC RIGHT-OF-WAY
The land between property lines set aside for public use
or ownership as a street, alley, crosswalk, easement or otherwise.
SHADE TREE
Unless otherwise specified, all trees, shrubs, and woody
vegetation in the public right-of-way.
No person under any circumstances shall:
A. Fasten a bicycle, carriage, animal or motor vehicle
of any kind to any shade tree, tree guard or support thereof;
B. Authorize or procure any gas, hot water, steam brine,
water, oil, dye or other substance deleterious to tree life to lie,
pour, flow, leak or drip on or into the soil about the base of a tree
in any public highway, street or avenue;
C. Build or kindle a fire near to any tree or public
right-of-way, as to endanger the trunk, limbs or foliage of such shade
tree;
D. Interfere or cause or authorize or procure an interference with the agents or employees of the Borough while they are engaged in or about the planting, cultivating, mulching, pruning, spraying or removing of trees, or removing stone or cement sidewalk or other material or substance as may be necessary for the protection and care of any tree in accordance with the requirement set forth in the §
407-3A(9) dealing with the area of open ground to be maintained about the base of the trunk of each shade tree in the public right-of-way; or
E. Attach any advertisements to any tree or shrub in
any street, highway, avenue or any public right-of-way.
Policies, rules and regulations may be adopted
by the Commission to control tree trimming, cabling, spraying, root
cutting and other work on trees by contractors, abutting property
owners and/or trees. Such policies, rules and regulations shall not
be effective until first approved by Council and enacted by ordinance.
The Borough is authorized to accept easements
from property owners to plant and maintain trees on private property
within 12 feet of the boundary of a public area. Such easements shall
be in writing, executed and acknowledged by such property owners and
shall be recorded in the office of the Carbon County Recorder of Deeds.
All planting of shade trees in public rights-of-way shall be in compliance with Chapter
500, Zoning, or any amendments thereto.
Any person violating the provisions of this
chapter shall, upon conviction before a Magisterial District Judge
of appropriate jurisdiction, be liable to pay costs of prosecution
and a fine as follows:
A. For willfully injuring or killing a living tree in any public area by cutting, debarking, breaking, by the use of herbicides, the use of vehicle or in any other manner wherein it is determined by the Magisterial District Judge that such damage or destruction is intentionally inflicted, a fine of not less than $200 but not more than $600 plus the costs of repairing or replacing each damaged tree shall be levied. If the person found guilty of violating this chapter is an abutting property owner, the cost of repair or replacing the damaged tree shall be assessed against the property in accordance with §
407-5 of this chapter.
B. For all other violations, a fine of not less than $200 nor more than $600 per day plus the cost of repairing or replacing the damaged tree shall be levied. Each day the property owner remains in violations shall constitute a separate offense. If the person found guilty of violating this chapter is an abutting property owner, the cost of repair or replacing the damaged tree shall be assessed against the property in accordance with §§
407-5 and
407-6 of this chapter.