LD 1436
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Page 2 of 10 An Act to Transfer the Regulatory Responsibilities of the Arborist Examining Bo... Page 4 of 10
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LR 1021
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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.

 
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.

 
§2174.__Exemptions

 
This subchapter does not apply to:

 
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;

 
2.__Personnel.__Any individual performing labor or services in
connection with trees on a site where a licensed arborist is
present;

 
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;

 
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

 
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.

 
§2175.__Penalties; injunction

 
1.__Penalties.__Any person who violates this subchapter is
guilty of a Class E crime.

 
2.__Injunction.__The State may bring an action in Superior
Court to enjoin any person from violating this chapter,


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