act-1907-0-251•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.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.