As used in this Subtitle:
Beautification Committee shall mean the tree planting committee established in Section 2-343 and its duly authorized representatives.
Forest Wardens shall mean the person appointed by the Director of the State Department of Forests and Parks to carry out the pruning, planting and maintenance of roadside trees in the County.
Roadside tree shall mean all trees and shrubs that may be growing within the right-of-way of any street.
Shade tree shall mean shade and ornamental trees, plants, and shrubbery located or planted in any street in the County.
The Beautification Committee may advise and make recommendations to the Department of Public Works as to plans of planting, caring for and protecting roadside trees and shade trees. The Committee may also designate species of such trees to be planted and recommend methods and times for planting. The Department of Public Works is encouraged to cooperate with and to coordinate the Committee's suggestions as far as possible with its regulatory policies.
Where the permission, consent or approval of the Department of Public Works or the State Department of Forests and Parks is required by the provisions of this Subtitle, or by any other law, any person required to obtain such permission, consent or approval shall first make application to the Department of Public Works.
Where the permission, consent or approval of the State Department of Forests and Parks is required, such approval shall be subject to the appointment of the administrator of the Department of Public Works to the office of Forest Warden. The appointment shall be made by the Director of the State Department of Forests and Parks. Such appointment shall be under supervision of the Director of the State Department of Forests and Parks.
No person shall do or cause to be done by others any of the following acts to any shade tree, shrub or plant without the permission of the Department of Public Works:
Plant, care and maintain;
Cut, prune, mutilate or in any manner injure;
Cut, disturb or interfere in any way with any roots; or,
Spray with any chemical.
No person shall do or cause to be done by others any of the following acts to any roadside tree, without the permission of the Department of Public Works and the State Department of Forests and Parks:
Plant, care, and maintain;
Cut, prune, mutilate, or in any manner injure; or
Cut, disturb, or interfere in any way with any roots.
An open space of not less than two (2) feet outside the trunks of trees at their bases on all sides shall be provided on all trees on any street, except where limited by a previously established curb or sidewalk.
In the erection, altering, or repairing of any building or structure, the owner, or contractor shall place such guards around all nearby trees in streets as will effectively prevent injury to such trees.
No person shall do any excavating within two (2) feet of any tree or shrub on any street without the written permission of the Department of Public Works, and a permit from the State Department of Forests and Parks.
Where in an authorized excavation it becomes necessary to expose or cut roots more than one (1) inch in diameter of a tree on any street, it shall be the duty of the contractor to protect such roots, under advice from the Department of Public Works. The contractor shall obtain a permit from the Department of Public Works, and obtain a permit from the State Department of Forests and Parks.
Any utility company or its agent may, with prior permission from the Department of Public Works and Transportation and the State Department of Natural Resources prune and remove trees for line clearance of utility wires.
When necessary to prune or remove any tree in a street any person having utility wires running through such street shall temporarily remove such utility wires within twenty-four (24) hours after the service of a notice from the Department of Public Works and Transportation upon the owner of such utility wires, or his agent.
Any utility company, instead of temporarily removing service wires, shall have the option of pruning, topping or removing such trees under the direction of the Department of Public Works and Transportation and the State Department of Natural Resources.
Emergency means, as used in Section 25-109 and Section 25-110 of this Division, a serious, sudden, and unexpected happening or unforeseen occurrence or condition that requires immediate corrective action to protect the safety of the general public or to restore service. Removal of utility wires shall be within a twenty-four-hour period after notice for emergency situations, with the exception of service supplied by electric companies, set forth in the Downed Wire Response Standard, COMAR Sec. 20.50.12.07.
Emergency — The Department of Permitting, Inspections and Enforcement is authorized to fine, stop work, and take other remedial actions, as needed.
Non-Emergency Removal — Notwithstanding Section 25-110(a) through (d) of this Division, utilities shall remove other downed utility wires within thirty (30) calendar days of a utility being made aware of a downed utility wire, and the County shall establish a process to notify all utilities when a complaint is made and may impose a civil fine(s), as set forth in Section 25-110(f), if utility wires are not removed in that time period.
The Department of Permitting, Inspections and Enforcement is authorized to issue a civil fine of Five Hundred Dollars ($500.00) for a first offense and One Thousand Dollars ($1,000) for each subsequent offense, to a utility company that fails to comply with either/and Sections 25-110(a), 25-110(b), 25-110(c), 25-110(d), 25-110(e), respectively, as set forth herein, in this Division.
No person, without the permission of the Department of Public Works, shall place or maintain, or cause to be placed or maintained, upon the ground in a street any stone, cement, sidewalk or other substance which impedes the free access of air and water to the roots of any tree or shrub in any street, or which will injure any tree or shrub.
No person shall place salt, brine, oil, weed killers or other substances injurious to plant growth in any street in such a manner as to injure any tree or shrub growing on such street.
No person shall build any fire or station any kettle, road roller or other engine in any street in such a manner that its hot vapors or fumes may injure any tree or shrub growing on such street.
Automobiles, trucks and other vehicles, shovels and all other implements, machines and tools shall be used or operated in such a manner as not to damage or destroy any tree, shrub or plant in any street.
No person, without the consent of the Department of Public Works, shall attach or fasten any wire, insulator or other device for holding any wires to any tree or shrub in any street.
No person, without the consent of the Department of Public Works shall remove or damage any guard or device placed to protect any tree or shrub.