| | | 6.__Takes down or fells.__"Takes down or fells" means the | | cutting for removal of any part of a tree by topping or sections | | or felling the tree whole. |
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| | | 7.__Treats or cares for.__"Treats or cares for" means the | | pruning, trimming and shaping of trees when the care requires the | | person to leave the ground.__"Treats or cares for" also includes | | installing lightning protections, cabling or bracing of trees. |
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| | | This subchapter does not apply to: |
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| | | 1.__Certain property.__Any person with reference to trees on | | that person's own premises or on the property of that person's | | regular employer; |
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| | | 2.__Personnel.__Any individual performing labor or services in | | connection with trees on a site where a licensed arborist is | | present; |
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| | | 3.__Certain employees.__State, county, municipal, quasi- | | municipal or public utility employees while engaged in their | | regular line of duty or those individuals contracted during | | emergencies that result in public hardships; |
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| | | 4.__Scientific specialists.__Scientific specialists such as | | plant pathologists, entomologists, botanists, foresters, | | horticulturists and others who are not arborists but who by | | academic training are professionally qualified to perform certain | | services performed by licensed arborists.__Services performed by | | those specialists for a fee are limited to consultation, advisory | | or expert diagnostic services.__Those specialists are prohibited | | from performing all other activities of practicing arborists | | without examination; or |
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| | | 5.__Others.__Highway contractors, subcontractors and their | | employees who remove trees during the performance of contracts | | for the construction or maintenance of highways and general | | contractors who remove interfering shade or ornamental trees or | | interfering parts of shade or ornamental trees in the conduct of | | their regular business. |
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| | | §2175.__Penalties; injunction |
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| | | 1.__Penalties.__Any person who violates this subchapter is | | guilty of a Class E crime. |
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| | | 2.__Injunction.__The State may bring an action in Superior | | Court to enjoin any person from violating this chapter, |
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