Home Rule Chapter 700 - Trees in Right-of-Way

WHEREAS, ORC 504.04(A) authorizes the Township to exercise powers of local self-government and to adopt and enforce within the Township local police, sanitary, and other similar regulations; and

WHEREAS, ORC 504.05 authorizes the Plain Township Board of Trustees to impose a civil fine up to $1,000 for a violation of a resolution adopted under ORC 504; and

WHEREAS, it has been determined that some trees along public highways may have a potential to become a safety hazard within the Township;

NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Plain Township Board of Trustees, Stark County, Ohio, pursuant to Chapter 504 of the Ohio Revised Code, and within the authority of Limited-Self Government, that we hereby adopt the following regulation of trees located along public highways within the Township and the corresponding fines for violation thereof to take effect and to be enforced from and after the earliest period allowed by law.

SECTION 701 - Trees to be Removed and/or Trimmed Along Public Ways

Each person who is the owner of or is an agent having care of any premises abutting on any public street, lane, alley or highway within the unincorporated Township shall remove any dead trees or parts of trees which have become a nuisance or hazard to persons or property and which exist on such premises and the edge of the adjoining street, street surface, or berm, where such trees or the branches thereof overhand or present a threat of damage to any portion of such street or adjoining sidewalk or berm area. Further, each person who is the owner of or is the agent having the care of any premises abutting any public street, lane, alley, highway, or berm area, shall trim and keep trimmed all trees growing on such premises or between the same and the edge of the street surface or berm where branches of trees overhand any portion of such street, sidewalk, or berm area.

Section 702 - Penalties

Whomever violates Section 701 is subject to a fine of up to $1,000 for each violation.

BE IT FURTHER RESOLVED, that this resolution be duly recorded and authenticated by the signature of the Township Clerk and the Plain Township Board of Trustees shall hereby advise the Clerk to publish same in a newspaper of general circulation within the Township according to the requirements of ORC 504.11 and 504.12.