Pursuant to N.J.S.A. 40:64-1, this article shall
establish the "Shade Tree Commission of the Borough of Dumont," consisting
of five members and two alternate members appointed by the Mayor,
who shall be residents of the Borough of Dumont, for the regulation,
planting, care, and control of shade and ornamental trees and shrubbery
upon and in the streets, highways, public places, parks and parkways
of the Borough of Dumont. The two alternate members, who shall be
known as the "Alternate No. 1" and "Alternate No. 2," shall serve
during the absence or disqualification of any regular member or members.
Pursuant to N.J.S.A. 40:64-2, the terms of office
of the Commissioners shall be as follows:
A.
The Commissioners shall be appointed within 60 days
after this article shall become effective, and their terms of the
office shall commence upon the day of their appointment and be for
the respective periods of one, two, three, four and five years, beginning
on January 1 next succeeding such appointment.
B.
The two alternate members of the Commission, "Alternate
No. 1" and "Alternate No. 2," to be appointed pursuant to the terms
of this chapter shall be appointed for terms of five years and four
years, respectively, and they shall serve during the absence or disqualification
of any regular member or members. An alternate member may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member of the Commission. All subsequent
appointments of alternate members, except to fill vacancies, shall
be for the full term of five years, to take effect on January 1.
Pursuant to N.J.S.A. 40:64-3 and N.J.S.A. 40:64-5,
the Shade Tree Commission, when established, shall have the authority
and power to make and adopt suitable rules, regulations and bylaws
for the purpose of carrying out its objects; to elect a Chairman and
Secretary from its members; to employ supervisors, assistants and
other persons it deems necessary and proper and to incur expenses,
provided that its expenditures and obligations have been duly authorized
and approved by the Mayor and Council of the Borough of Dumont. The
Shade Tree Commission shall not have the authority to regulate or
control the planting, removal or maintenance of trees located on private
property or outside the public right-of-way, and shall not adopt,
enact or enforce any rule, regulation or bylaw regulating such property,
except as explicitly permitted by N.J.S.A. 40:64-5.
The Shade Tree Commission created by this chapter
shall exercise all powers now or hereafter granted by the statutes
of New Jersey applicable thereto. Jurisdiction to enforce Shade Tree
Commission policy pursuant to this article shall be by the Building
Department and Police Department, as appropriate.
