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HomeMy WebLinkAboutBy-law 595 BY-LAW.. NUMBER 595 & BY-LAW TO ENCBURAGE THE PLANTING OF ORNAMENTAL TREES ON THE SEVERAL STREETS, HIGHWAYS~ AND PUBLIC PLACES OF THE MUNICIPALITY OF THE TOWN- SHIP OF PICKERING, AND TO PROTECT THE SAME FROM LOSS, M~ILATION OB DESTRUCTION. WHEREAS it is desirable to encourage the planting of trees for shade and ornament on the several streets, highways, and public places within this Municipality, and to protect those already planted from loss, mutilation or destruction; AND WHEREAS by the Act to encourage the Planting and Growing of Trees, M~nicipal Councils are authorized to pass such a By-Law; IT IS THE~FOBE..EN$CT~D by the Municipal Council of the Township of 1. THAT no person or persons shall remove, mutilate, or destroy any ornamental or shade tree planted or growing, or that may hereafter be plan%ed in any of the streets, highways and other public places within the limits of this Municipality, without a permit in writing from the Reeve thereof, and no owner or drdver of any horse or other animal shall suffer them to destroy or mutilate any tree so planted or growing in the Municipality, 2. No person shall cut, break, or otherwise remove, injure or destroy any of the trees now growing, or which shall hereafter be planted., in the streets, highways or public places of this Municipality. 3. Any person who shall plant any ash, basswood, beech, birch, butter- nut, cedar, pine, spruce, walnut, or whitewood tree on any highway, or on any boundary line of farms, or within six feet of such boundary lines, within this Municipality, at a distance of not less than thirty feet apart, shall be entitled in abatement of Statute Labour or out of the general funds thereof, a s~ of not less than Twenty- Five Cents for every tree so planted, that is found to be thrifty and in a flourishing condition at the expiration of three years from the date of said planting. 4. Any person wishing to claim the said bonus for trees planted under the provisions of the Ontario Tree Planting Act and of this By-Law, shall at the time of such planting, or not later than the First day of September in the same year notify the Township Clet~ of the same, with a request to have the Inspector of Trees sent to view the same. The Clerk Shall immediately notify the Inspector to go and examine the same, and the Inspector shall file a Certificate or Report, containing the names of all persons having complied with the requirements of this By-Law and of the Statute Law of this Province made and provided in such case, and shall state the number of trees so planted by each person applying. The Clerk shall enter in a book %o be ke~t for that purpose, the date when such Certificate or Report was received and fiJed, and the data therein contained. 5. At the expiration of three years after the p~anting of such trees, the I~spector shall re-inspect the same, and report to the Clerk on or"before the First day of October in that year, giving the mnun~er of living and healthy trees planted as aforesaid, and the amount of bonus to which each party is entitled, and the said Report shall be submitted to the Municipal Council, by whom the said trees shall be paid a bonus for as aforesaid. The Clerk shall enter all particulars of said Report in a Book to be kept for that purpose, showing also the amount of bonus paid to each party. 6. It shall be the duty of the Council to appoint an Inspector of Trees, whose duties shall be as defined in the Ontario Tree Planting Act and in this By-Law. - 2 - 7. Printed copies of this By-Law shall be posted up in every Post OffiCe in the Municipality. 8. The Clerk shall in each year on or before the First day of November forward to the Treasurer of the Province a copy of the Inspectorts Report certified by the Reeve and Clerk in order that the Municipality may be recouped one-half the amount paid by way of bonus For threes planted. 9. On the complaint of the owner of any trees in this Municipality, any person found guilty of an infraction of this By-Law, upon conviction thereof before a Justice of the Peace for the County of Ontario, shall forfeit and pay such sum of money, not exceeding Twenty-Five Dollars besides costs, as such Justice may award, and in defa~lt of payment the same may be levied of the goods and chattels of the person offending or such person may be im- prisoned in the Common Gaol of the County for a per~od not exceeding Thirty days, unless such penalty and costs, together with costs of committal are sooner paid. 10. All fines imposed under the authority of this By-Law shall be paid over' to the Township Treasurer and foz~ a part of the general fund. 1]. By-Law No. 504, and all other By-Laws or parts of By-Laws of this Corporation, ~nconsistent with this By-Law, be and the same are hereby repealed. P~SSED November 9th, 1857. Donald R. Beaton Jos. Monkhouse Clerk Reeve A BY-LAM TO ~NGDUBA~B T~B FLANTXN~ OF OBIANKBTAL T~ OM ~ SBVBBAL STJ~BTf, HXOHWAYS, AHD FUBLXC PLACES OF THE ~UNXCXPAL1TY OF THE SHXP OF PXCKERIMO, AN~ TO P~OTRCT TH~ SA~ FROM LO~$, MUTILATXON OB DESTRt~TXOM, ~?mnit is desirable to enoourefe the plantinf off trees for shade t on tho several streets, ~s, a~d publio plasma within this ~unioipalityo and to protect those already planted from loss, mutilation or ~ounby the Act to sncoura~e the PZmntAnf mM 6Mnf of Trees, ~by tho Mun~eipLl Counoil of the Township of 1. T~T n~ person er persons sh~ll remove, mutLlats, or destroy orumont&l or sh~to tree planted or [r~f~n~, or that m~y be planted in any of tho streets, Idahos ami other public pianos within the linAts of this ~unioipality, without npor~Ltt in writing from the hove thereo~, and no owner or driver of any beret or other animal shall suffer them to destroy er mutilate an~ tree se planted or freeing in the ~unioipality. 2. No person shall out, break, or otherwise reftoye, in]UFO or destroy an~ OF the tr~es nov growing, or eh~ah shall hereafter be planted., in the etreets, htfhvays or publio plaoes of this ~hntwipality. 3. Any person ubs shall plant any aah, baesvoed, boooh, birth, button- nut, ~edar, pine. spouse, walnut, or vhltovood tree en any h~she~y, or on any homelmr~ line of fnma, or Within six foot of oueh beunAary Ainos, Within this Nuniaipality, at n dietaries OF not leos than thirty foot apart, shall bo entitled in abatement of Statute L&bour er out o~ tho fener~l fUnds thereof, n s~ of ~ot loss th~n Tuonty- F4~e Cents fo~ o~o~ true so pl~ntod, that is fo~d to bO th~ty and in n flour~sh~n~ oondttion mt the expiation of th~oo years £re~ the date of sa~d plaat~. 4. Ax~ ~rson wishing te ~lai~ the said bombs for t~oos planted u~Aer the provislsns of the Ontario Tree Planting Att a~d of this Byv-L~av, shall at the ti~o ef such plantin, or not later th~a the First day OF Septe~her in the sm year notify the Te~neKlp Clerk OF the saaB, vith s request te ~ve the Inspector of Trees sent to vier the same. The Clerk Shall bmmdtately notif~ the lnopeotor to and examine tho sm, ami the Xnspeetoe shall f~le n CertS~Aeute or Roport, c~ntaining the n~mos of mil pormon~ heving eouplied with Prsvinoe made and provided in suoh ease, and shall state the amber of trees so ylanted by esoh person qpplring. The Clerk shall ante in n book te he kept for that purpose, the date ~ben suoh Certifioate or ~epor~ ~as reeeived and filed, and the data therein contained. 6. At tb expiration of three years after tho planting ef auoh trees, tM lgopeeter shall re-tnspeot tho same, and report to tho Clerk on o~ofore the ~iret day OF Oetober in that year, givAnf the masher OF livinf mhd healthy trees planted . aforssLtd, and the mount of bonus to which each party is ontitlsd, and the said Boport sh&ll bo submitted to tho ~utietpal Council, by uhan tho sa~d trees shall he paid n bonus for ms aforesaid. The Clerk shall eater all partioulars of said hport An n ~ook to be kept for tint purpose, showing also the mount of bonus paid to enoh par~y. 6. It shall he thO du~y of th~ Counoil to appoin~ an lnsp®otor of Trses, ~hoae duties shell be as de~tned in the Ontario Tree Planting Aot and lu this By-Law. -2- 7. Printed oopton OF t~ia By-Law fhall be poe&nd up in every Pest OrFloe in %ho Nun4oipality. 8. T~-o Clerk shall in sash year on oP before ~ho FAre& day eF November Forward to the Troasurer of tho Provinoo a oopF oF the Xmepe~tor's Boper~ oer~lfiod b~ the Beove and Clerk in order that eF bonus tot threes plan~ed. e. On the eouplLLnt or the oMaer er any &roes in thio MunieipaXity, any person Found guilty of an in~reotion oF th~s By-Law, oonvtotton thereof before a Julttoe of the Pekoe fe~' the Ceu~ty of' Ontardo, shall ~'er~eit nod pay sueb mm o£ money, not ezoeedin~ Twon%y-Fivs l)ollars besidoo seats, &s suoh 3us&los may amLrd, ~ in default oF payment the same say bo le~Ae~ of the goods and shat&els oF the person offending or snob person may be ta- prlsonod ia the Conmon Oas! oF eh& Cou~y for 8 p®l~And not exeonding Tblrey days, unless sueb penalty and ousts, together v~th oowtm oF oeaedttal are mooneP paid. 10. A~l £inos Lmpo~ed under the authority er this By-Law shall be pa~d over to the Township Troasuror and form a pare of the generul fund. 11. By-Law No. ~04, and oil other By-Laws or pares OF By-Laws of two Corporation, inoonoistent ~Ath this By-Las, be and the sans are hereby rope&XoA. PA~SgD 8ovombop 9tho Domald R. Boa&on Jes. Mon~house Clerk hove