[HISTORY: Adopted by the Borough Council of the Borough of Brookville 8-4-1949. Amendments noted where applicable.]
GENERAL REFERENCES
Shade Tree Commission — See Ch. 10, Art. II.
Building construction — See Ch. 75.
Parks and recreation — See Ch. 148.
Property maintenance — See Ch. 161.
Streets and sidewalks — See Ch. 193.
Subdivision and land development — See Ch. 198.
As used in this chapter, the following terms shall have the meanings indicated:
PERMIT
A permit in writing as issued by the Secretary of the Shade Tree Commission of the Borough of Brookville.
PERSON
Any individual, firm, association or corporation.
SHADE TREES
Any shade trees, shrub or other woody plant on any public highway in the Borough of Brookville, or that part of any shade tree, shrub or other woody plant which extends within the lines of any public highway in said Borough.
The application for any permit required hereunder shall be made in writing to the Borough Secretary-Treasurer 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 Borough Secretary-Treasurer 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 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.
It shall be unlawful for any person, without first obtaining a permit, to cut, 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.
No shade tree shall be planted on any public highway in the Borough of Brookville 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.
[Amended 5-1-1952 by Ord. No. 393]
The cost of planting, transplanting, or removing any shade tree in the highways of the Borough, or the necessary and suitable guards, curbing, or grading for the protection thereof, and of the replacing of any pavement or sidewalk necessarily disturbed in the execution of such work, shall be paid by the owner of the real estate in front of whose property the work is done. The amount each freeholder is to pay shall be ascertained and certified by the Commission to Council and to the Borough Secretary-Treasurer, and notice thereof and the collection of the same shall be in accordance with the provisions of the Borough Code.
All shade trees shall be kept trimmed so that the minimum height where they overhang any public walk or road shall be 12 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 12 feet, or to such a 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 Borough in the same manner as municipal claims are filed and collected.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 have an open space of ground surrounding the trunk of the tree, such space to be not less than four feet square.
In connection with any building operation or the performance of any work whatsoever in the Borough in the vicinity of any shade tree, 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.
Every person having any wire or wires charged with electricity running through a public highway shall securely fasten such wire or wires or place an adequate shield thereon, so they shall not come in contact with any tree so as to injure the same.
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 running through a public highway, the owner of said wires shall temporarily remove the same or cut off the flow of current therefrom within 24 hours after service of written notice from the Commission to do so.
[Amended 12-27-1974 by Ord. No. 715]
Any person violating any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days; provided that each violation of this chapter, and each day the same is continued, shall be deemed a separate offense.