N.Y. Highway Law § 323: Injuring fruit or shade trees

§ 323. Injuring fruit or shade trees. It shall be unlawful for any

person or persons whatsoever in this state to hitch any horse or other

animal to or leave the same standing near enough to injure any fruit or

forest tree growing within the bounds of the public highway, or used as

a shade or ornamental tree around any school house, church or public

building, or to cut down or mutilate in any way any such ornamental or

shade tree; but the right of property owners along the highway to

cultivate, train and use such shade trees shall not be impaired or

abridged hereby. Any person or persons guilty of violating the

provisions of this section shall be deemed guilty of misdemeanor, and

shall be punishable by a fine of not less than five dollars, nor more

than twenty-five dollars for each such offense, and in case of failure

to pay any fine imposed, may be committed to jail, not exceeding one day

for each dollar of such fine. Courts of special sessions having

jurisdiction to try misdemeanors, as provided by section fifty-six of

the code of criminal procedure, shall have exclusive jurisdiction to try

offenders in all cases occurring in the same manner as in other cases,

where they now have jurisdiction, and subject to the same power of

removal, and to render and enforce judgments, to the extent herein

provided. All fines collected under the provisions of this act shall be

paid when the offense is committed in a town outside of incorporated

villages, to the supervisor of the town, to be used as the town board

and town superintendent may direct. When the offense is committed in any

village of the county, which by law is constituted a separate road

district, the fine shall be paid to the treasurer of said village, to be

used as the board of trustees may direct.