MARVIN MANDEL, Governor                                 779

AND HAS GUARANTEED TO THE DEPARTMENT THE COST OF THE
WORK. WHEN THE APPLICANT APPROVES A PLAN THE
DEPARTMENT HAS PREPARED, AND THE APPLICANT HAS
GUARANTEED PAYMENT OF THE COST IN A MANNER
SATISFACTORY TO THE DEPARTMENT, THE DEPARTMENT SHALL
PERFORM, OR CAUSE TO BE PERFORMED, THE SPECIFIED
PLANTING, CARE, OR PROTECTION OF ROADSIDE TREES.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 361 of the Code, as
amended by Chapter 290, Acts of 1972.. The
only changes made are in style.

(C) PAYMENT OF UNEXPENDED BALANCES---THE

DEPARTMENT, WITHOUT BEING REQUESTED AS PROVIDED IN
SUBSECTION (A) OR GUARANTEED AS PROVIDED IN SUBSECTION
(B) , MAY PLANT, CARE FOR, AND PROTECT ROADSIDE TREES
AND PAY FOR THE WORK OUT OF ANY UNEXPENDED BALANCE OF
THE AMOUNT APPROPRIATED FOR THE PURPOSES OF THIS
SUBTITLE. HOWEVER, NO TREE MAY BE PLANTED UNDER THE
PROVISIONS OF THIS SECTION WITHOUT THE CONSENT AND
APPROVAL OF THE OWNER OF THE LAND ON WHICH PLANTED.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 362 of the Code.
The only changes made are in style.

5-404. ARREST WITHOUT WARRANT.

FOREST WARDENS AND OTHER PERSONS HAVING POLICE
POWERS IN THE STATE, IN ADDITION TO THEIR REGULAR
DUTIES, SHALL ENFORCE THE LAW FOR THE CARE AND
PROTECTION OF ROADSIDE TREES. IN THE ENFORCEMENT OF
THESE LAWS, THEY POSSESS THE SAME POWERS AS A PEACE
OFFICER TO ARREST WITH A WARRANT.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 363 of the Code. The
only changes made are in style.

5-405. PAYMENT FOR MAKING REQUIRED EXAMINATIONS;
PLANTING AND CARE OF TREES.

FOR HIS SERVICES IN MAKING EXAMINATIONS, AS
PROVIDED IN § 5-403 (A), THE DEPARTMENT SHALL PAY THE
FOREST WARDEN UPON PRESENTATION AND APPROVAL OF HIS
ACCOUNTS WITH VOUCHERS, FOR SERVICES IN PLANTING
ROADSIDE TREES, TRIMMING, SPRAYING, OR OTHERWISE
CARING FOR EXISTING ROADSIDE TREES, AS PROVIDED IN §
5-403(B). THE APPLICANT WHO GUARANTEES THE COST OF