2511 - Damage to trees.

     § 2511.  Damage to trees.        (a)  General rule.--It is unlawful while hunting or while     preparing to hunt for any game or wildlife:            (1)  To cause damage to any tree or trees located upon        any public or privately owned lands as a result of        constructing any tree stand, platform or any other manmade        support of any description or as a result of using any        portable tree stand or any other implement or device of any        description to climb any tree.            (2)  To use or occupy any tree stand, platform or any        other manmade support of any description which, when        constructed, damaged any tree or trees.     This section shall not apply to a private landowner upon land     which he owns or to any person to whom he has given written     permission in advance.        (b)  Penalties.--            (1)  A violation of this section is a summary offense of        the fifth degree.            (2)  Upon summary conviction, the defendant shall be        sentenced to remove the tree stand, platform or any other        manmade support or climbing device of any description.            (3)  In addition to any other penalty imposed, the        defendant shall be liable to pay to the one in control of a        tree the amount of any damage done by the defendant to the        tree. The amount of the damage to the tree shall be        determined by the magisterial district judge. If a reasonable        settlement for damage to the tree is not reached, the        magisterial district judge may appoint a competent appraiser        to determine the amount of the damage. The amount of the        damage determined shall be assessed against the defendant and        paid to the magisterial district judge for disposition. The        magisterial district judge shall deliver the amount collected        to the person or governmental agency having legal control        over the land where the damage occurred. The appraiser        appointed by the magisterial district judge shall be entitled        to a reasonable fee for services rendered which shall be        assessed against the defendant as additional costs.     (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)        2004 Amendment.  Act 207 amended subsec. (b)(3). See sections     28 and 29 of Act 207 in the appendix to this title for special     provisions relating to applicability and construction of law.