[HISTORY: Adopted by the Board of Trustees of the Village of Bronxville
2-9-1981 as Ch. 45 of the 1981 Code. Amendments noted where applicable.]
No person except an authorized employee of the village or contractor
for the village shall:
A.
Fertilize, spray, fill a cavity in, prune, remove, cut,
trim, injure (whether to make a clear passage for utility wires or for any
other purpose), climb with aid of spurs, attach a guide wire or cable to,
or scar or drive a nail into the trunk or any limb of, or attach any sign
to, or otherwise in any like or unlike way interfere with any tree, shrub
or plant on any public street, sidewalk or other public place; or
B.
Build a fire near any such tree, shrub or plant or pour
or deposit on the soil near any such tree, shrub or plant any substance injurious
to vegetation, including, but not limited to, oil, gasoline, tar, creosote
or salt; unless
Pursuant to the provisions of § 169 of the New York Agriculture
and Markets Law, the village shall exercise and enjoy, through its appropriate
officers and employees, the powers and immunities prescribed and granted in
§§ 164, 165 and 167 of Article 14 of the New York Agriculture
and Markets Law with respect to Dutch elm disease.
Every owner, tenant, occupant and leaseholder shall keep all trees,
shrubs and plants on his or her land so trimmed and in such a condition as
not to interfere with or obstruct the vision (at an intersection or otherwise)
or in any way endanger the safety of persons using any public street, sidewalk
or other public place. Without limiting the generality of the foregoing, any
tree limb overhanging a public sidewalk shall be at least eight feet above
any part thereof and any tree limb overhanging a public street shall be at
least 13 feet above any part thereof.
Every owner, tenant, occupant and leaseholder shall keep all trees,
shrubs and plants on his or her land free from any insects which:
A.
Cause or tend to cause any disease, destruction or damage
to such trees, shrubs or plants, whether by devouring or injuring the bark
or foliage thereof or otherwise; and
B.
May spread, directly or indirectly, by passing from such
trees, shrubs or plants to any tree, shrub or plant on any public street,
sidewalk or other public place, provided that this section shall not apply
to insects which cause the spread of Dutch elm disease.
A.
In addition to any other penalty prescribed by law, if any owner, tenant, occupant or leaseholder shall fail, refuse or neglect to correct a violation of § 282-3 or 282-4 within 15 days after receipt of a written notice from the Superintendent of Public Works of the existence of such violation, the Superintendent of Public Works, or a person or persons designated by him or her, may enter upon the land of such owner, tenant, occupant or leaseholder and take such measures as are necessary or proper to correct such violation, including, when appropriate, spraying, trimming or cutting down any tree, shrub or plant located thereon.
The Superintendent of Public Works shall keep an accurate record of the cost to the village of correcting a violation of § 282-3 or 282-4 pursuant to § 282-6 and shall certify the amount of such cost to the Village Clerk. Upon receipt of such certification, the Village Clerk shall cause a statement of such cost to be mailed to the owner of the land upon which such violation has been corrected in the same manner as is provided in § 282-6, whereupon the amount of such cost shall be assessed upon such land.
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be subject to a fine of not more than $250 or to imprisonment
for not more than 15 days, or to both such fine and imprisonment.
