Pennsylvania Act 1907-251 — SHADE TREE COMMISSION

Act text

SHADE TREE COMMISSION
                  Act of May 31, 1907, P.L. 349, No. 251              Cl. 11
                                  AN ACT

     To provide for the planting and care of shade-trees, on highways
        of townships of the first class, boroughs, and cities of the
        Commonwealth of Pennsylvania, and providing for the cost
        thereof.

        Section 1.  Be it enacted, &c., That in townships of the
     first class, boroughs, and cities of the Commonwealth of
     Pennsylvania there may be appointed, in the manner hereinafter
     provided, a Commission of three freeholders, to be known and
     designated as the Shade-tree Commission of the said township,
     borough, or city, who shall serve without compensation, and who
     shall have exclusive and absolute custody and control of, and
     power to plant, set out, remove, maintain, protect, and care
     for, shade-trees, on any of the public highways of the said
     townships, boroughs, and cities, the cost thereof to be provided
     for in the manner hereinafter stated: Provided, That in
     townships, boroughs, or cities in which a Commission for the
     care of public parks shall have been created, said Commission
     shall, upon the acceptance of this act as provided in section
     two, be charged with the duties of the Commission as above
     provided, and shall, for that purpose, be possessed of all the
     powers herein mentioned and granted.
        Section 2.  The commissioners of any township of the first
     class, or the councils of any borough or city, in the State of
     Pennsylvania, may, by majority vote in the case of the
     commissioners, or by joint resolution in the case of the
     councils, accept the provisions of this act; and when such
     majority vote or joint resolution shall have been duly passed
     and approved, and such Shade-tree Commissioners appointed, or,
     in their stead, the duties and powers herein provided have been
     devolved upon an existing park commission, then, from that time
     and in that event, this act and all its provisions shall be in
     full force and application in such township of the first class,
     borough, or city, so accepting; and such commissioners shall be
     appointed, for terms of three, four, and five years,
     respectively, and, on the expiration of any term, the new
     appointment shall be for five years, and any vacancies shall be
     filled for the unexpired term only; and in townships of the
     first class the said appointment shall be made by the
     commissioners thereof; and in boroughs, by the chief burgess,
     and in cities, by the mayor thereof: Provided, That in cities
     where a Commission exists for the care of public parks, the term
     and appointment of such Commission shall not be changed by this
     act, but shall be and remain as provided by the act of Assembly,
     and by the ordinance of councils creating such Commission for
     the care and maintenance of public parks. And such Shade-tree
     Commission shall, twice in every year, report in full its
     transactions and expenditures for the municipal fiscal year then
     last ended, to the authority under and by which it was
     appointed: Provided, That an existing park commission, acting
     under this enactment, may embody its report in its regular
     report to the councils, as by law or ordinance provided.
        Section 3.  That when such shade-tree commissioners, or park
     commissioners so acting, shall propose the setting out or
     planting or removing of any shade-trees, or the material
     changing of the same in any highway, they shall give public
     notice of the time and place appointed for the meeting at which
     such contemplated work is to be considered, specifying in detail
     the highways, or portion thereof, upon which trees are proposed
     to be planted, removed, or changed, in one or more--not
     exceeding two in all--of the newspapers published in said
     township, borough, or city, once each week for at least two
     weeks, prior to the date of said meeting.
        Section 4.  The cost of planting, transplanting, or removing
     any trees in any highway, and of suitable guards, curbing, or
     grating for the protection thereof, when necessary, and of the
     proper replacing of any pavement or sidewalk necessarily
     disturbed in the doing of such work, shall be borne by the owner
     of the real estate in front of which such trees are planted, set
     out, or removed; and the cost thereof as to each tract of real
     estate shall be certified by the commissioners to the township
     commissioners, or to the presidents of the councils in boroughs
     and cities, and also to the person having charge of the
     collection of taxes for the said township, borough, or city; and
     upon the filing of said certificates, the amount of the cost of
     such improvement, of which notice shall also be given to each
     property owner involved, accompanied with a copy of the
     aforesaid certificate, together with a notice of the time and
     place for payment, shall be and become a lien upon said real
     estate, in front of which said trees have been planted, set out,
     or removed; said lien to be collectible, if not paid in
     accordance with notice as herein provided, in the same manner as
     other liens for taxes are now collectible against the property
     involved.
        Section 5.  The cost and expense of caring for said trees
     after having been planted or set out, and the expense of
     publishing the notices provided for in section three, shall be
     borne and paid for by a general tax, to be levied annually in
     the manner that taxes for township, borough, and city purposes
     are now levied in such townships of the first class, boroughs,
     or cities; such tax not to exceed the sum of one-tenth of one
     mill on the dollar on the assessed valuation of the property in
     such townships of the first class, boroughs, or cities; and the
     needed amount shall each year, in due time, be certified by the
     shade-tree commissioners to the proper authorities charged with
     the assessment of taxes in said townships, boroughs, or cities,
     to be assessed and paid, as other taxes are assessed and paid,
     and to be drawn against as required by said commissioners, in
     the same manner as moneys appropriated for township, borough, or
     city purposes, are now drawn against in said townships,
     boroughs, or cities: Provided, That the commissioners of any
     township of the first class, and the councils of any borough or
     city, accepting the provisions of this act, may provide for the
     expense of the maintenance of trees on highways, in accordance
     with the provisions of this section by actual appropriation,
     equal to the amount certified to be required by the said
     Commission, in lieu of the specific assessment above authorized.
        Section 6.  The Commission, under which the provisions of
     this act shall be carried out, in any township of the first
     class, borough, or city, shall have power to employ and pay such
     superintendents, engineers, foresters, tree-wardens, or other
     assistants, as the proper performance of the duties devolving
     upon it shall require; and to make, publish and enforce
     regulations for the care of, and to prevent injury to, the trees
     on the highways of any township, borough, or city accepting the
     provisions of this act; and to assess suitable fines and
     penalties for violations of this act, provided such regulations
     shall have been published at least twice in one or more, not
     exceeding two, newspapers of the township, borough, or city,
     involved, after having been submitted to and being approved by
     the commissioners of the township of the first class, or the
     councils of the borough or city affected; and such fines and
     penalties, so assessed for violations of this act, shall become
     liens upon the real property of the offender, and be collectible
     by the constituted authorities as liens for taxes upon real
     property are now collected.
        Section 7.  All the moneys due and collected from fines or
     penalties or assessments, in consequence of the acts of said
     Shade-tree Commission in enforcing this act, shall be paid to
     the treasurers of the townships, boroughs, and cities accepting
     its provisions, and shall be placed to the credit of said
     Commission, subject to be drawn upon by the said Commission for
     the purposes of this act.
        Section 8.  All acts and parts of acts inconsistent with this
     act are hereby repealed.
        Section 9.  This act shall take effect immediately; but its
     provisions shall not be and become binding upon any township,
     borough, or city until it has been duly accepted, as provided in
     section two.