[HISTORY: Adopted by the Board of Commissioners (now Township Council) of the Township of Bristol as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-15-1959 by Ord. No. 302]
As used in this article, the following terms shall have the meanings indicated:
PERMIT
A permit, in writing, as issued by the Secretary of the Shade Tree Commission of Bristol Township.
PERSON
Any individual, firm, association or corporation.
SHADE TREE
Any shade tree, shrub or other woody plant on any public highway in the Township of Bristol, or that part of any shade tree, shrub or other woody plant which extends within the lines of any public highway in said Township.
The Shade Tree Commission of Bristol Township shall have custody and control of the shade trees on the public highways of the Township and shall have authority to plant, remove, maintain and protect such trees.
[Amended 10-20-1992 by Ord. No. 92-17]
The application for any permit required hereunder shall be made in writing to the Managing Director upon forms furnished by him and shall specify the particular kind of work or operation the applicant desires to perform thereunder and shall state the exact location and species of any tree or trees affected. It shall be the duty of the Managing Director to submit every such application promptly to the Commission for approval or disapproval. The permit shall be effective for such length of time as the Commission shall in each case determine, which shall be indicated on the permit, and such permit may be revoked at any time at the direction of the Commission upon proof satisfactory to the Commission that the terms and conditions upon which the permit has been issued are being or have been violated. The Commission may, in its discretion, as a condition precedent to the issuing of the permit, require the applicant to file a bond satisfactory to the Commission or to deposit securities satisfactory to it to guarantee the compliance by the applicant with the terms and conditions upon which the permit is issued.
The following regulations shall, from the adoption of this article, be the regulations of the Bristol Township Shade Tree Commission and shall be enforced by the aforesaid Commission:
A. 
It shall be unlawful for any person, without first obtaining a permit, to cut, prune, break, climb with spurs, injure in any manner or remove any shade tree; to cut down or interfere in any way with the main roots of any shade tree; to spray with any chemicals or insecticides any tree; to place any rope, guy wire, cable, signs, posters or other fixtures on a tree or tree guard; or to injure, misuse or remove any device placed to protect shade trees, except in case of immediate necessity for protection of life or property.
B. 
No shade tree shall be planted on any public highway, street or road in Bristol Township until a permit is granted therefor, such permit to designate the place where such tree is to be planted. The Commission may refuse a permit to plant any species of tree which in its opinion is not suited to the location.
C. 
No person shall fasten a horse or other animal to any shade tree or cause or permit a horse or other animal to stand so that such horse or animal can injure any shade tree.
D. 
All shade trees shall be kept trimmed so that the minimum height where they overhang any public walk or road shall be nine feet. However, the Commission reserves the right to designate a higher clearance on certain highways where heavy traffic or other conditions make it expedient. All trees standing on private property and having branches projecting over a public highway shall be kept trimmed by the owner of such private property so that the lowest branches shall have a minimum height of nine feet or such other height as may be specified by the Commission. In case the owner of such property shall neglect or refuse to trim such trees upon being notified in writing by the Commission so to do and within the time specified by such notice, the Commission may, after the expiration of the date specified in said notice, cause such trimming to be done at the expense of the owner and the entire cost thereof shall be a lien upon said premises and shall be filed and collected by the Township in the same manner as municipal claims are filed and collected.
E. 
No person shall, without first obtaining a permit, place or hereafter maintain any stone, cement or other substance which shall impede the passage of water and air to the roots of any shade tree unless such person shall leave an open space of ground surrounding the trunk of the tree, such space to be not less than four feet square.
F. 
In connection with any building operation or the performance of any work whatsoever in the Township in the vicinity of any shade trees, before any such work shall be commenced, guards shall be placed at all shade trees which may be affected by such work so as to effectually prevent injury to them.
G. 
No person shall pour saltwater, oil or other materials at any place in such a manner that injury may result to any shade tree.
H. 
No person shall, without first obtaining a permit therefor, attach any electric wire, insulator or any device for the holding of an electric wire to any shade tree.
I. 
Every person having any wire or wires charged with electricity running through a public highway shall securely fasten such wire or wires so they shall not come in contact with any tree so as to injure the same.
J. 
Whenever in order to take down or prune any shade tree in the public highway or having branches extending over the public highway, it shall be deemed necessary to remove any wire or wires, every person having any such wire or wires running through a public highway shall temporarily remove the same or cut off the flow of current therefrom within 24 hours after service of written notice from the Commission so to do.
Regulations of the Shade Tree Commission shall be enforced by a Tree Warden to be appointed by the said Commission.
[Amended 10-20-1992 by Ord. No. 92-17]
Any person who shall violate or fail to comply with any of the regulations of the Shade Tree Commission of Bristol Township shall be liable, upon conviction thereof, to a fine or penalty not exceeding $600, plus court costs, for each and every offense, and in default of payment of such fine and costs, shall be imprisoned for a term not exceeding 30 days. Whenever such person shall have been notified by the Shade Tree Commission or by service of summons in a prosecution, or in any other way, that he is committing such violation, each day in which he shall continue such violation after any such notification shall constitute a separate offense, punishable by like fine or penalty. Such fines or penalties shall be collected as prescribed.