Village of Baldwin, WI
St. Croix County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Baldwin 12-12-2007 (Title 6, Ch. 4, of the 2004 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Administrative review — See Ch. 7.
Building construction — See Ch. 235.
Parks and public property — See Ch. 416.
Property maintenance — See Ch. 445.
Streets and sidewalks — See Ch. 510.

§ 529-1 Statement of policy and applicability.

A. 
Intent and purpose. It is the policy of the Village of Baldwin to regulate and establish policy for the control of planting, removal, maintenance and protection of trees and shrubs in or upon all public areas and terrace areas of the Village to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks or other public areas; to promote and enhance the beauty and general welfare of the Village; to prohibit the undesirable and unsafe planting, removal, treatment and maintenance of trees and shrubs located in public areas; and to guard all trees and shrubs both public and private within the Village of Baldwin against the spread of disease, insects or pests.
B. 
Application. The provisions of this chapter shall apply to trees and shrubs growing or hereafter planted in or upon public areas and boulevard areas and also to all trees and shrubs growing or to be planted in or upon any private property which shall threaten the life, health, safety or welfare of the public or of any public areas.

§ 529-2 Definitions.

Whenever the following words or terms are used in this chapter, they shall be construed to have the following meanings:
BOULEVARD OR TERRACE AREAS
The land between the normal location of the street curbing and right-of-way line.
EVERGREEN TREE
Any woody plant normally having one stem or trunk and bearing foliage in the form of needles and crowns which extend from ground level throughout its entire height.
FORESTER
Person or Village employee designated by the Village Board as authorized to carry out provisions of this chapter. The Village Board may designate a municipal employee or citizen to perform the duties of Forester under Ch. 27, Wis. Stats., and may authorize such Forester to perform the duties and exercise the powers imposed on the Village Board by this chapter. The Village Forester shall annually be appointed by the Village President, subject to Board confirmation, at the Board's organizational meeting. Such duties may be assigned to the Director of Public Works or Weed Commissioner.
MAJOR ALTERATION
Trimming a tree beyond necessary trimming to comply with this chapter.
PERSON
Person, firm, association or corporation.
PRIVATE UTILITY
Any electric, natural gas, telephone, cable or television utility providing services within the Village of Baldwin limits.
PUBLIC NUISANCE
Any tree or shrub or part thereof which, by reason of its condition, interferes with the use of any public areas; infected with a plant disease; infested with injurious insects or pests; injurious to public improvements or endangers the life, health, safety or welfare of persons or property. "Public nuisance" shall also be defined to include the following:
A. 
Fatal or deleterious tree or shrub diseases.
B. 
Dutch elm disease.
C. 
Oak wilt disease.
D. 
Emerald ash borer.
E. 
Any living or standing tree or part thereof infected with any disease fungus or in a weakened condition which harbors any of the disease carriers.
F. 
Any dead or diseased tree or part thereof, including logs, branches, stumps, firewood or other material from which the bark has not been removed and burned, or sprayed with an effective disease destroying concentrate.
G. 
Any other deleterious or fatal tree disease.
H. 
Any tree, shrub or part thereof, which by reason of its condition and location, is hazardous or dangerous to persons and property using or upon any public street, sidewalk, alley, park or other public or private place, including the boulevard strip between curb and lot line.
I. 
Any tree or part thereof which is infested by the eastern tent caterpillar or other defoliating larvae.
PUBLIC PROPERTY/AREAS
Owned or controlled by the Village, including without limitation because of enumeration, public sites, parks, playgrounds, streets, alleys, sidewalks, boulevards, and the terrace strip between the lot line and the curb or improved portion of any public way.
PUBLIC TREES AND SHRUBS
All trees and shrubs located or to be planted in or upon public areas.
PUBLIC UTILITY
Utility services provided by the Village of Baldwin.
SHRUBS
Any woody vegetation or a woody plant having multiple stems and bearing foliage from the ground up.
TREATMENT
Any spraying, injecting or any other application of chemicals for the abatement of a public nuisance.
TREE
Any woody plant, normally having one stem or trunk bearing its foliage or crown well above ground level to heights of 16 feet or more.

§ 529-3 Authority of Village Forester to enter private premises.

The Village Forester may enter upon private premises at all reasonable times for the purpose of examining any tree or shrub located upon or over such property and carrying out any of the provisions of this chapter.

§ 529-4 Interference with Village Forester prohibited. [1]

No person shall interfere with or prevent any acts of the Forester or his/her agents or employees while they are engaged in the performance of duties imposed by this chapter. No person shall refuse to permit the Forester or his/her duly authorized representative to enter upon his/her premises at reasonable times to exercise the duties imposed by this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 529-5 Abatement of tree disease nuisances.

A. 
Tree diseases a public nuisance. The Village Board has determined that there are many trees growing on public and private property within the Village, the loss of which would substantially depreciate the value of public and private property, impair the use and enjoyment of public and private property and erode the tax base of the Village, and that the health and life of such trees are threatened by fatal diseases, such as Dutch elm disease. The Village Board hereby declares its intention to control and prevent the spread of such disease and the insect pests and vectors which carry such diseases to be public nuisances.
B. 
Inspection.
(1) 
Tree nuisance inspections. The Village Forester shall inspect or cause to be inspected all property and places within the Village to determine whether any public nuisance exists thereon, and shall also inspect or cause the inspection of any tree reported or suspected to be a public nuisance.
(2) 
Authority to enter private lands. The Forester and his/her agents or employees shall have authority to enter upon private property at reasonable times for the purpose of carrying out any of the provisions of this section.
C. 
Abatement of nuisances; duty of Forester.
(1) 
Abatement orders. Following authorization by the Village Board, the Forester shall order, direct, supervise and control the abatement of public nuisances as defined in this chapter by treatment, spraying, removal, burning or by other means determined to be necessary to prevent as fully as possible the spread of any public nuisance.
(2) 
Forester's abatement actions. Whenever the Forester after inspection or examination shall determine that a public nuisance as herein defined exists on public property in the Village, the Forester shall immediately abate or cause the abatement of such nuisance in such manner as to destroy or prevent as fully as possible the spread of such nuisance.
(3) 
Private lands.
(a) 
When the Forester determines with reasonable certainty that a public nuisance exists upon private property, the Forester shall immediately serve or cause to be served personally or by registered or certified mail upon the owner of such property, if the owner can be found, or upon the occupant thereof, a written notice of the existence of such nuisance and of a time and place for a hearing, not less than 14 days after service of such notice, on the abatement action to be taken. Such notice shall describe the nuisance and recommend procedures for its abatement, and shall further state that unless the owner shall abate the nuisance in the manner specified in the notice, or shall appear at the hearing to show that such nuisance does not exist or does not endanger the health of trees in the Village, the Forester shall cause the abatement thereof at the expense of the property served. If the owner cannot be found, such notice shall be given by publication in a newspaper of general circulation in the Village.
(b) 
If, after hearing held pursuant to this subsection, it shall be determined by the Village Board that a public nuisance exists, it shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed within five days after such hearing, the Forester shall proceed to abate the nuisance and cause the cost thereof to be assessed against the property in accordance with the procedures provided in this section. The Forester may extend the time allowed the property owner for abatement work but not to exceed 10 additional days.
D. 
Treatment.
(1) 
Action by Forester. Whenever the Forester determines that any tree or part thereof is infected with a deleterious or fatal tree disease or is in a weakened condition, the Forester may cause all trees within a one-thousand-foot radius thereto to be sprayed with an effective disease destroying concentrate or other insecticide, following prior authorization by the Village Board.
(2) 
Notice. In order to facilitate the work and minimize the inconvenience to the public of any treatment operations conducted under this section, the Forester shall cause to be given advance public notice of such operations by newspaper, radio, television, public service announcements or other effective means and shall also cause the posting of appropriate warning notices in the areas and along the streets where trees are to be treated at least 24 hours in advance of treatment. When any residue or concentrate from municipal treatment operations can be expected to be deposited on any public street, the Forester shall also notify the Director of Public Works, who shall take all necessary steps to make and enforce temporary parking and traffic regulations on such streets as conditions require. Temporary "no parking" notices shall be posted in each block of any affected street at least 24 hours in advance of spraying operations.
(3) 
Nonliability. When appropriate warning notices and temporary "no parking" notices have been given and posted in accordance with Subsection D(2) of this section, the Village shall not allow any claim for damages to any vehicle caused by such treatment operations.
(4) 
Treatment on private property. When trees on private property are to be sprayed, the Forester shall notify the owner of such property and proceed in accordance with the requirements of Subsection D(2).

§ 529-6 Assessment of costs of abatement.

A. 
Public property. The entire cost of abating any public nuisance or spraying any tree, or part thereof, when done at the direction of the Forester shall be borne by the Village as to any growth, tree or shrub located upon property owned by the Village.
B. 
Private property. The cost of abating a public nuisance or treatment of diseased trees located on private property when done at the direction and under the supervision of the Forester shall be assessed to the property on which such nuisance, tree or wood is located as follows:
(1) 
The Forester shall keep a strict account of the cost of such work or treatment and the amount chargeable to each lot or parcel and shall report such work, charges, description of lands to which charged and names and addresses of the owners of such lands to the Village Board on or before October 15 of each year.
(2) 
Upon receiving the Forester's report, the Village Board, or a designated standing committee thereof, shall hold a public hearing on such proposed charges, giving at least 14 days' advance notice of the time, place and purpose of such hearing to interested persons by publication in a newspaper of general circulation in the municipality and by mail to the owner of each property proposed to be charged. Each property owner shall be notified of the amount proposed to be assessed against his/her premises and the work for which such charge is being made.
(3) 
After such hearing, the Village Board, or a designated standing committee thereof, shall affirm, modify and affirm or disapprove such assessments by resolution and shall cause a copy thereof to be published. Upon adoption and publication of such resolution, assessments made thereby shall be deemed final.
(4) 
The Village Clerk-Treasurer shall mail notice of the amount of such final assessment to each owner of property assessed at his/her last known address, stating that, unless paid within 30 days of the date of the notice, such assessment will be entered on the tax roll as a tax against the property, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such assessment.
(5) 
The Village hereby declares that, in making assessments under this section, it is acting under its police power, and no damages shall be awarded to any owner for the destruction of any diseased or infested tree or wood or part thereof.

§ 529-7 Planting of trees and shrubs.

A. 
Purpose.
(1) 
Generally. The Village Board hereby states its determination that the planting, care and protection of the trees within the Village of Baldwin is desirable for the purposes of beauty, shade, comfort, noise abatement and economic betterment, and hereby encourages all persons to assist in a program of tree planting, care and protection.
(2) 
Permit required. No person shall, except upon order of the Village Forester, plant, transplant, move, spray, brace, trim, prune, cut (above or below ground), disturb, bury, mulch or alter a public tree or shrub in the Village, or cause such act to be done by others, without first getting a written permit for such work from the Village Forester as herein provided.
(3) 
Exemptions. No permit shall be required to cultivate, fertilize, perform minor cutting or pruning or watering of public trees or shrubs.
(4) 
Requirements and conditions of permits. If the Village Forester determines that the proposed work or planning described in an application for a permit is necessary and in accord with the purposes of this chapter, taking into account the safety, health and welfare of the public, location of utilities, public sidewalks, driveways and streetlights, general character of the area in which the tree or shrub is located or proposed to be located, type of soil, characteristics and physiological needs of the species or variety of trees or shrub, he/she shall issue a permit to the applicant upon presentation of the receipt of the Village Clerk-Treasurer showing payment of the required fee. As a condition of granting any permit to remove a public tree or shrub, the Village Forester may require that the permittee plant one or more trees or shrubs in place of the one removed, and no permittee under such a conditional permit, shall fail, refuse or neglect to plant trees or shrubs of the type, size and location specified in his/her permit.
(5) 
Form, expiration and inspection. Every permit shall be issued by the Village Forester on forms prepared by him/her, shall include a description of the work to be done and shall specify the species or variety, size, nursery grade and location of trees or shrubs to be planted, if any. Any work done under such permit must be performed in strict accordance with the terms thereof and the provisions of this chapter. Permits issued under this chapter shall expire six months after date of issue.
(6) 
Fee. The fee for a permit shall be as prescribed in the Village Fee Schedule.
(7) 
Permits to public utilities. Whenever a permit is issued under this chapter to a public utility to move, trim, prune, cut, disturb, alter or do surgery on any public tree or shrub, the Village Forester shall limit the work to be done to the actual necessities of the utility and may assign an inspector to supervise the work done under the provisions of the permit, and the expense of such inspection or supervision shall be charged to the utility.
(8) 
House-moving permits. No person shall move any building, structure or object exceeding 13 feet in height or width upon, over or along any public right-of-way or other public place without first obtaining a written moving permit from the Village pursuant to § 235-15, which may require the applicant to furnish a bond or cash deposit to cover the cost of repairing or replacing any public trees or shrubs which are injured as a result of the moving operations, specify the route to be taken and impose any other conditions reasonably necessary for the protection of nearby public trees from injury.
(9) 
Permits under this chapter shall expire 30 days after date of issue.
B. 
Tree planting program. The Village Urban Forestry Board shall recommend to the Village Board a program for tree planting, care and protection for public parks. The Urban Forestry Board and Village Board shall also encourage the planting, care and protection of trees and shrubs on private premises within the Village of Baldwin.
C. 
Cottonwood and box elder trees prohibited. No person shall plant within the Village of Baldwin any female tree of the species Populus deltoides, commonly called the "cottonwood," or any tree commonly called the "seed-bearing box elder," Acer negundo, which may now or hereafter become infested with box elder bugs, and such trees are hereby declared a nuisance. Any person planting any such trees on his/her premises shall cause the same to be removed. If any owner shall fail to remove any such tree within 30 days after receiving written notice from the Village Forester, the Village shall cause the removal of such tree and report the full cost thereof to the Village Clerk-Treasurer who shall place such charge upon the next tax roll as a special charge against the premises.
D. 
Planting of certain trees restricted. Except in public parks, no person shall hereafter plant any Catalpa, Chinese elm, White poplar, Weeping willow, Evergreen, Lombardy poplar or Silver maple tree in or upon any public street, parkway, boulevard or other public place within the Village of Baldwin unless he/she shall first secure written permission from the Village Forester, who shall not approve any such planting if, in his/her opinion, said tree will constitute a nuisance to the public or adjoining property owners or interfere with the safety of the public or the operation of any sewer or water system. The Village Forester shall cause the removal of any tree planted in violation of this subsection.
E. 
Planting. Planting shall be done in accordance with ANSI A300 Standards (American National Standards Institute):
(1) 
Trees.
(a) 
All new street trees must be selected from a list of approved trees compiled by the Village Forester. No other species may be planted without the written approval of the Village Forester. New trees must be single stemmed with a minimum diameter of 1 1/4 inches measured at six inches above ground level.
(b) 
The tree shall be planted in a well-prepared hole at the same depth as it was originally growing.
(c) 
The tree shall be kept well watered and mulched or cultivated in a two-foot diameter around its base to conserve moisture and as a protection from lawn mower damage.
(d) 
The good health of all trees planted hereunder shall be guaranteed for one year by the applicant, after which time such trees shall become the property of the Village of Baldwin.
(2) 
To prevent monoculturing and inhibit the future spread of disease, trees shall be alternated. When planting, two trees of the same genus must have two different trees between them.
(3) 
Where required, curbs and sidewalks must be installed prior to street tree planting. Trees should be planted halfway between the sidewalk and curb. No tree should be planted closer than four feet to the curb.
(4) 
Trees may not be planted in the boulevard closer than:
(a) 
Twenty feet to a utility or streetlighting pole.
(b) 
Fifteen feet to a driveway or alley.
(c) 
Ten feet to a fire hydrant, water stop box or gas shutoff. If possible, allow more distance than 10 feet.
(d) 
Twenty-five feet to the intersection of two streets from either corner measured on the property line.
(e) 
Twenty-five feet to another tree. (If the other tree is an elm or other species which is damaged, injured or diseased and likely to be removed in the future, then a thirty-five-foot distance to the next nearest healthy tree will prevail.)
(5) 
New street trees shall not be planted over an existing tree stump within two years of removal unless the stump is removed to a depth of four feet.
(6) 
The property owner has the responsibility to locate underground utilities before digging.
(7) 
Coniferous trees shall not be planted in a boulevard area.
F. 
Unlawfully planted trees. Trees, plants or shrubs planted within any boulevard or planting easement without the authorization and approval of the Forester may be removed. The Forester shall notify the abutting owner in writing, listing the unlawfully planted trees, plants or shrubs, ordering their removal, and establishing a reasonable time within which such removal shall be accomplished. In the event that removal is not to be accomplished within the time specified, the Village may remove such trees, plants or shrubs and assess the costs thereof to the owner.
G. 
Frames. Any person, adjacent to whose land any shade or ornamental tree or shrub is growing in any street, may, for the purpose of protecting such tree or shrub, surround the same with a suitable box or frame for protection, but all such work shall be performed under the supervision and direction of the Village Forester.
H. 
Acceptable trees. Certain plants are more suited than others to provide these benefits under various landscape conditions. The lists following provide a range of sizes and tree variety; they are not inclusive of all the better plants but are representative of them.
(1) 
Boulevard trees (mature height 30 feet and over).
Maple Genus (Acer)
Fall Foliage Color
Sensation maple
Red
Norway maple
Yellow
Crimson King maple
Same- purple
Crimson Sentry maple
Same-purple
Deborah maple
Red
Emerald Lustre maple
Yellow
Emerald Queen maple
Yellow
Princeton Gold maple
Yellow
Royal Red maple
Same red
Superform maple
Yellow
Variegated Norway maple
Yellow
Korean maple
Yellow, orange, red
Red maple
Scarlet or yellow
Autumn Spire maple
Red
Burgundy Belle maple
Red
Northfire maple
Red
Northwood maple
Orange-red
October Glory maple
Red
Red Sunset maple
Red
Scarlet Jewel maple
Crimson
Rubyfrost maple
Red
Sugar maple
Yellow-red
Green Mountain maple
Orange-scarlet
Black Sugar maple
Golden
Unity maple
Yellow, orange, red
Autumn Blaze maple
Orange, red
Sienna Glen maple
Burgundy-red
Green Mountain Sugar maple
Yellow
Oak genus (Quercus)
White oak
Swamp White oak
Scarlet oak
Bur oak
Heritage oak
Regal Prince oak
Birch genus (Betula)
Crimson Frost birch
Same
River birch
Golden
Heritage birch
Golden
Renaissance Reflection birch
Yellow
European White birch
Yellow
Weeping Cut Leaf birch
Golden
Dakota Pinnacle birch
Same
Prairie Vision Asian White birch
Golden
Whitespire birch
Yellow
Honeylocust genus (Gleditsia)
Imperial honeylocust
Yellow
Northern Acclaim honeylocust
Yellow
Shademaster honeylocust
Yellow-green
Skyline honeylocust
Golden-yellow
Sunburst honeylocust
Golden-yellow
Elm genus (Ulmus) disease resistant variety
Accolade elm
Golden-yellow
Cathedral elm
Yellow
Princeton American elm
Yellow
Valley Forge American elm
Yellow
Discovery elm
Yellow
Homestead elm
Yellow
Vanguard elm
Same
Miscellaneous genus
Ohio Buckeye (Aesculus)
Orange-brown
Common Hackberry (Celtis)
Yellow
Autumn Gold ginkgo (Ginkgo)
Yellow
Kentucky Coffeetree (Gymnocladus)
Yellow
Black walnut (Juglans)
Yellow
Cucumbertree magnolia (Magnolia)
Green-brown
Merrill magnolia (Magnolia)
Same
Ironwood (Ostrya)
Golden-yellow
Littleleaf linden (Tilia)
Yellow
(2) 
Trees for under utilities (mature height under 30 feet).
Miscellaneous Genus
Fall Foliage Color
State Street maple (Acer)
Yellow
Hot Wings maple (Acer)
Yellow, red
Pacific Sunset maple (Acer)
Orange, red
Autumn Brilliance serviceberry (Amelanchier)
Red-orange
Dura Heat River birch (Betula)
Yellow
Blue beech (Carpinus)
Orange, red
MN Strain redbud (Cercis)
Yellow
White Fringetree (Chionanthus)
Yellow
Pagoda dogwood (Comus)
Red
Satomi dogwood (Comus)
Purple-red
Golden Glory Corneliancherry dogwood (Cornus)
Same
Thornless Cockspur hawthorn (Crataegus)
Orange
Crimson Cloud hawthorn (Crataegus)
Same
Butterflies magnolia (Magnolia)
Same
European Mountain ash (Surbus)
Red
Cardinal Royal Mountain ash (Sorbus)
Rust
Showy Mountain ash (Sorbus)
Red
Japanese Tree lilac (Syringa)
Same
Ivory Silk lilac (Syringa)
Same
Miss Kim lilac (Syringa)
Same
Crabapple genus (Malus) Fruit <5/8"
Flower Color
Adams crab
Pink
Adirondack crab
White, pink
Anne E. crabapple
Pink, white
Cardinal crab
Red
Centurion crab
Rose-red
Donald Wyman crab
White
Golden Raindrops crab
White
Harvest Gold crab
White
Hopa crab
Pink, white
Indian Magic crab
Red, pink
Louisa crab
Pink
Madonna crab
White
Pink Spires crab
Lavender-pink
Prairifire crab
Purple-red
Profusion crab
Purple, pink
Purple Prince crab
Red
Radiant crab
Pink
Red Barron crab
Red
Red Jewel crab
White
Red Splendor crab
Pink
Robinson crab
Pink
Royal Raindrops crabapple
Pink
Sentinel crab
White-pink
Snowdrift crab
Pink-white
Spring Bride crabapple
White
Spring Snow crab
White
Sugar Tyme crab
Pink-white
Thunderchild crab
Pink
Plum genus (Prunus)
American plum
White
Newport plum
Pink
Amur chokecherry
White
Princess Kay plum
White
Redleaf May Day tree
White
May Day tree
White
Chokecherry
White
Canada Red cherry
White
Canada Red Select cherry
White
(3) 
Trees for parks in addition to species listed above.
Miscellaneous Genus
Fall Foliage Color
Young's Weeping birch (Betula)
Yellow
American larch (Larix)
Yellow camelot
Crab (Malus)
Fuchia-pink, white
Candymint crab (Malus)
Pink
Coralburst crab (Malus)
Pink, red
Firebird crab (Malus)
White
Willow, all species (Salix)
Yellow
Balsam fir (Abies)
Evergreen
Norway spruce (Picea)
Evergreen
Black Hills spruce (Picea)
Evergreen
Colorado Blue spruce (Picea)
Evergreen
White pine (Pinus)
Evergreen

§ 529-8 Trimming.

A. 
All trimming shall be done in accordance with ANSI 300 Standards.
B. 
Prior to major trimming activity involving a public tree, the permit requirements of § 529-7A shall be complied with. Any person growing a tree, plant or shrub on any private property abutting on public streets or public places shall:
(1) 
Trim them so as not to be a hazard to persons using the streets or to interfere with the proper lighting of the streets.
(2) 
Treat or remove any tree, plant or shrub which the Village Forester shall determine is diseased or insect-ridden or a hazard to persons using the streets or sidewalks.
(3) 
Remove and refrain from planting any tree, plant or shrub designated by the Wisconsin Department of Administration and published in its regulations to be a host or carrier of a dangerous plant disease or insect pest.
C. 
Trees and shrubs standing in or upon any private property adjacent to any public area shall be kept trimmed by their owner (or adjacent property owner) so that the lowest branches projecting over the public street or alley provide a clearance of not less than 14 feet. The Village Forester may waive the provisions of this subsection for newly planted trees if it is determined that they do not interfere with public travel, obstruct the light of any streetlight or endanger public safety.
D. 
The necessity of the pruning may be determined by the Village Forester.
E. 
Clearance from sidewalk to lower branches shall not be less than seven feet. All trees standing upon private property in the Village, the branches of which extend over the line of the street, shall be trimmed so that no branch shall grow or hang over the line of the sidewalk lower than 10 feet above the level of the sidewalk. No tree shall be permitted to grow in such a manner as to obstruct the proper diffusion of light from any public lamp.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Trimming or pruning of more than 2/3 of the crown shall be considered to be a major alteration and shall require authorization from the Village Forester.

§ 529-9 Trees and shrubbery obstructing view at intersection or view of traffic signs.

A. 
Notwithstanding any other provision of this chapter, no person shall maintain, plant or permit to remain on any private or public property situated at the intersection of two or more streets or alleys in the Village of Baldwin any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection.
B. 
It is unlawful for any person to plant, cause to grow, allow to grow or maintain any trees, bushes, shrubbery or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign or driveway approach to a street in the Village. It shall be the duty of every owner of such tree, bush, shrubbery or vegetation to remove such obstruction.
C. 
Any shrub, tree or other plant which obstructs the view at an intersection or the view of a traffic sign shall be deemed to be dangerous to public travel and the Village Forester may order, by written notice, the owner or occupant of any private place or property on which there stands a tree or shrub which unreasonably interferes with or encroaches upon the street or sidewalk to take such steps as are necessary to remove such interference. If such owner or occupant fails, within 10 days of receipt of notice, to take such necessary steps, the Village Forester shall order Village employees to remove the interference. The cost of removing the interference shall be levied and collected as a special tax upon the property upon which or in front of which such tree or shrub stands.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Any person who is an owner or occupant or firm or corporation failing to obey the written notice of the Village Forester as specified in Subsection C above shall, upon conviction thereof, be subject to a forfeiture as established in § 1-4 of this Code.

§ 529-10 Prohibited acts.

A. 
Damage to public trees. No person shall, without the consent of the owner in the case of a private tree or shrub, or without written permit from the Village Forester in the case of a boulevard area tree, public tree or shrub, perform or cause to be performed by others any of the following acts:
(1) 
Secure, fasten or run any rope, wire sign, unprotected electrical installation or other device or material to, around or through a tree or shrub.
(2) 
Break, injure, mutilate, deface, kill or destroy any tree or shrub or permit any fire to burn where it will injure any tree or shrub.
(3) 
Permit any toxic chemical, gas, smoke, oil or other injurious substance to seep, drain or be emptied upon or about any tree or shrub or place cement or other solid substance around the base of the same.
(4) 
Remove any guard, stake or other device or material intended for the protection of a public tree or shrub, or close or obstruct any open space about the base of a public tree or shrub designed to permit access of air, water and fertilizer.
(5) 
Attach any sign, poster, notice or other object on any tree, or fasten any guy wire, cable, rope, nails, screws or other device to any tree; except that the Village may tie temporary signs to trees when necessary in conjunction with street improvement work, tree maintenance work or parades.
(6) 
Cause or encourage any fire or burning near or around any tree.
(7) 
Top or make topping cuts on any public tree.
B. 
Excavations. All trees on any parkway, boulevard or other publicly owned property near any excavation or construction of any building structure or street work shall be sufficiently guarded and protected by those responsible for such work as to prevent any injury to said trees. No person shall excavate any ditches, tunnels or trenches or install pavement within a radius of 10 feet from any public tree without a permit from the Village Forester.[1]
[1]
Editor's Note: Original Subsection (c), Interference with Forester, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Refusal to abate nuisance. No person shall permit any public nuisance to remain on any premises owned or controlled by him/her when ordered by the Forester to abate such nuisance.

§ 529-11 Appeal from determinations or orders.

Any person who receives a determination or order under this chapter from the Village Forester and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter 7, Administrative Review, of this Code and Ch. 68, Wis. Stats., to the Village Board within seven days of receipt of the order and the Village Board shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the Village Board may reverse, affirm or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The Village Board shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Village Board shall file its written decision with the Village Clerk-Treasurer.

§ 529-12 Adoption of state statutes.

Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and incorporated herein by reference.