TREE PLANTING ON STREETS AND HIGHWAYS. 33 



shade trees within the limits of any public way shall be deemed public shade 

 trees. 



Sec. 3. Whoever, other than a tree warden or his deputy, desires the cutting or 

 removal, in whole or in part, of any public shade tree, may apply to the tree warden, 

 who shall give a public hearing upon the application at some suitable time and place, 

 after duly posting notices of the hearing in two or more public places in the town 

 and also upon the said tree ; provided, however, that the warden may, if he deems 

 it expedient, grant permission for such cutting or removal, without calling a hearing 

 if the tree in question is on a public way outside of the residential part of the town, 

 the limits of such residential part to be determined by the selectmen. No tree 

 within such residential part shall be cut by the tree warden, except to trim it, or 

 removed by him without a hearing as aforesaid ; but in all cases the decision of the 

 tree warden shall be final. 



Sec. 4. Towns may annually raise and appropriate such sum of money as they 

 deem necessary, to be expended under the direction of the tree warden in extermi- 

 nating insect pests within the limits of their public ways and places, and in the 

 removal from said public ways and places of all trees and other plants upon which 

 such pests naturally breed ; provided, however, that when an owner or lessee of real 

 estate shall, to the satisfaction of the tree warden, annually exterminate all insect 

 pests upon the trees and other plants, within the limits of any public way or place 

 abutting on said real estate, such trees and plants shall be exempt from t he provi- 

 sions of this section. 



Sec. 5. Whoever affixes to any tree in a public way or place a play bill, picture, 

 announcement, notice, advertisement or other thing, whether in writing or other- 

 wise, or cuts, paints or marks such tree, except for the purpose of protecting it and 

 under a written permit from the tree warden, shall be punished by a fine not exceed- 

 ing fifty dollars for each offense. 



Sec. 6. Whoever wantonly injures, defaces, breaks or destroys an ornamental or 

 shade tree within the limits of any public way or place shall forfeit not less than 

 five nor more than one hundred dollars, to be recovered by complaint, one-half to 

 the complainant and the other half to the use of the town. 



Sec. 7. Whoever negligently or carelessly suffers a horse or beast driven by or 

 for him, or a beast belonging to him and lawfully in a public way or place, to break 

 down, injure or destroy a shade or ornamental tree within the limits of said public 

 way or place, or whoever negligently or willfully by any other means breaks down, 

 injures or destroys any such tree, shall be liable to the penalties prescribed in the 

 foregoing section, and shall in addition be liable for all damages caused thereby. 



