[HISTORY: Adopted by the Common Council of the City of Watertown
by Ord. No. 83-20 (§ 8.16 of the former City Code); amended in its entirety
by Ord. No. 06-26. Subsequent amendments noted where applicable.]
The Park, Recreation and Forestry Commission shall have exclusive
jurisdiction, authority, control, supervision and direction over all
trees, shrubs or other growth planted or growing upon any public thoroughfare
or public place in the City and the maintenance, care or removal thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
Those open lands which divide a traveled roadway.
Any lands owned by the City and used by the public, including
parks, playgrounds, parking lots and any and all other public lands,
as well as streets and their adjacent rights-of-way.
That portion of the street right-of-way lying between the
sidewalk and back of the curb. Where no sidewalk and/or curbing exists,
the terrace shall be determined by a field inspection conducted by
the City Forester or his representative.
Any tree of a species that has the genetic trait to develop
a trunk diameter or caliper of one inch or greater at a height of
four feet above the surface of the ground.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree so as
to remove the normal canopy and disfigure the tree.
A.
General powers and duties. The Director of Park, Recreation and Forestry
Department shall be designated the "City Forester" and shall have
the following general powers and duties:
(1)
To direct, manage, supervise and control the City street tree program
to include all planting, trimming, spraying, removal, maintenance
and protection of all trees and shrubs on all terraces, boulevards,
median strips, or public property and to supervise Park, Recreation
and Forestry Department personnel in the planting, trimming, spraying,
removal, maintenance and protection of trees and shrubs in these areas.
(2)
To guard all trees and shrubs within the City, whether on public
property or private property, so as to prevent the spread of disease
or pests.
(3)
To maintain, trim or remove all trees or shrubs within the City,
whether on public property or private property, to prevent any such
tree or shrub from overhanging or encroaching upon any boulevard,
median strip, terrace or other public property within the City so
as to eliminate dangerous conditions which may affect the life, health
or safety of person and property at the discretion of the City Forester.
(4)
To protect and guard all trees and shrubs within the City on private
property, other than private property which adjoins or abuts public
property, so as to eliminate dangerous conditions which may affect
the life, health or safety of person or property, only under such
circumstances as are brought to the attention of the City Forester
by a citizen complaint.
(5)
To plant, trim, spray, remove, maintain and protect trees and shrubs
on all terraces, boulevards, median strips, or public property as
may be necessary to ensure safety, to protect interference with public
or private utility services lying above or below ground, to guard
traffic/pedestrian visibility, and to preserve the symmetry and beauty
of such grounds.
(6)
Such other powers and duties as are provided by the laws of the State
of Wisconsin, particularly § 27.09, Wis. Stats., by ordinance
of the City, and by the written rules, regulations and guidelines
of the Watertown Park, Recreation and Forestry Commission.
B.
Specific authority of City Forester to enter private premises.
(1)
The City Forester shall have the authority to enter private property
for the purpose of examining, inspecting and physically collecting
test samples of any tree or shrub on the premises for the purpose
of preventing the spread of disease and the purpose of eliminating
dangerous conditions which may affect the life, health or safety of
person or property.
(2)
The City Forester or his representative, after giving at least 24
hours' advance notice to the owner or tenant having charge of the
premises, shall have the authority to enter upon private premises
at reasonable times for the purpose of examining and inspecting any
suspected diseased tree or shrub.
(3)
In the event entry to private property is denied to the City Forester
by the owner or tenant in charge of the premises under this section,
the City Forester shall have the authority to obtain a special inspection
warrant through the Watertown Municipal Court or other court of competent
jurisdiction, pursuant to § 66.0119, Wis. Stats.
C.
Specific authority to order removal of trees or shrubs.
(1)
No person shall prevent, delay or interfere with the City Forester
or any of his or her agents or employees from entering upon any public
or private premises for the purpose of trimming or removing any tree
or shrub which the City Forester has determined to be diseased or
determined to have created a dangerous condition.
(2)
If the City Forester or any of his or her authorized agents finds on examination and/or inspection in or upon any private or public property any tree or shrub infested with injurious insects or plant diseases, or if any tree or shrub on private property shall endanger the public or shall be injurious to private utility services or public improvements, the City Forester shall notify the owner or person having charge of such premises, under § 27.09(4) through (7), Wis. Stats., in writing, at least two weeks prior thereto, of a hearing on such removal or trimming before the City Forester. The owner or person in charge of the premises shall have a right to be present at such hearing and be afforded an opportunity to be heard. After such hearing, the City Forester shall either abandon such work or proceed under Subsection C(3) below. If the City Forester shall cause the work to be done, the costs shall be charged against the property as a special charge. No damages shall be awarded to the owner for the value of the destroyed trees or shrubs removed pursuant to an order entered under this subsection.
(3)
Prior to proceeding to perform any work under Subsection C(2), the owner or person having charge of such premises shall be given at least 30 days to cause the removal and/or destruction of the tree or shrub as ordered. The City Forester shall determine the time specified and shall provide written notice of such time period to the owner or person having charge of such premises, depending on the severity of the problem and the scope of correction needed to remedy the problem. The City Forester may direct the immediate removal of the tree(s) or shrub(s) without such prior notice if the City Forester determines that an emergency condition warrants such action.
(4)
Should this order not be complied with within the time specified in the order, the City Forester shall cause such work to be completed unless the owner or person in charge of such premises shall have appealed the order of the City Forester entered under Subsection C(3).
(5)
In the event any tree or shrub is located partially on private property
and partially on public property within the City, any such tree or
shrub is deemed to be solely the responsibility of the City Forester
and the City of Watertown to plant, trim, spray, remove, maintain
and protect the entire tree or shrub. The root system or the root
flare of the tree does not factor in for determination of the percentage
of ownership of any tree or shrub under this subsection.
(6)
In the event any tree or shrub on private property appears to be
located on the boundary line between parcels, in the estimation of
the City Forester, and the adjoining property owners cannot agree
on the percentage of liability for compliance with any order or remedy
for any violation issued by the City Forester, the City Forester shall
proceed under this section. The root system or the root flare of the
tree does not factor in for determination of the percentage of ownership
of any tree or shrub under this subsection.
(a)
The City Forester shall retain a licensed surveyor to conduct
a survey to determine the boundary line between the property owners'
parcels, showing the location of the tree or shrub in relation to
the boundary line and providing a written report of his or her findings.
(b)
The City Forester shall allocate the percentage of liability
to the adjoining property owners based upon the written survey report
submitted for the cost of preparation of the survey and for compliance
with any violation order issued by his or her office.
A person who receives an order from the City Forester and objects to all or a part thereof may, within 30 days of the date of the mailing of the order to such person, notify the City Park, Recreation and Forestry Commission and the City Forester, in writing, of the nature of the objection and of a request for a hearing thereon. The written order under § 484-3C(3) above shall be deemed the initial determination and the municipal authority charged with conducting the review, pursuant to § 10-8B of this Code, shall be the Watertown Park, Recreation and Forestry Commission. The Commission shall proceed to conduct a hearing on the appellant's objection, pursuant to § § 10-9 and 10-10 of this Code. The City Forester shall be present at such hearing. The appellant may be represented by counsel. The Commission may affirm, cancel or modify the order of the City Forester, in its discretion, to best conform such order to the intent of this chapter.
A.
Trees or shrubs standing on any private property adjacent to a boulevard, terrace or other public property shall be trimmed and kept trimmed by the owner of such tree or shrub so as to maintain a clear space of not less than eight feet above the sidewalk or public property, except as indicated under Subsection B. The owner of said trees shall remove all dead, diseased or dangerous trees or limbs which constitute a menace to the safety of the public. The City shall have the right to prune or trim any tree or shrub on private property when it interferes with the proper spread of light along the street from streetlights or interferes with visibility of any traffic control device or sign or approaching pedestrian or vehicular traffic.
B.
All trees and shrubs on private or public property shall be trimmed
and kept trimmed so as to maintain a clear space of not less than
12 feet above the roadway, except the Public Works Commission may
make special provisions in exceptional cases.[1]
C.
No person shall authorize any tree or shrub on public property to
be trimmed, cut, removed or topped without permission of the City
Forester.
D.
All trees and shrubs on any boulevard, median strip, terrace or other
public property and on private property adjoining public property
shall be trimmed or removed, as necessary, where the foliage obstructs
the streetlight illumination pattern. Such work shall be done by the
City upon the recommendation of the City Forester and at the direction
of the Park, Recreation and Forestry Commission.
E.
All tree trimming or pruning shall be performed by any person, firm
or organization according to the American National Standards Institute
(ANSI) under its Regulation Section A300 (1995), as amended.
F.
Clean smooth cuts are to be made so as not to disturb the branch
collar or the branch bark ridge.
G.
Dead branches are to be cut back to a healthy lateral branch.
H.
No branch stubs shall be allowed.
A.
No person shall cause any wire charged with electricity or any wire
or cable used as a conductor to come into contact with any tree located
in or upon any public property.
B.
No wire or cable intended to be used as a guy or support wire shall
be anchored, attached or fastened to any tree located in or upon any
public property in the City.
C.
Public utility companies or private improvement work affecting trees
or shrubs on any boulevard, median strip, terrace or public property
shall be limited to the actual necessities of the services of the
company, and such work shall be done in a neat and professional manner
and according to the following standards, under the supervision of
the City Forester.
A.
In order to provide and preserve a safe and healthy urban forest,
all public agencies, private persons, firms or organizations, or public
utilities contemplating a construction project in or upon any street,
boulevard, median strip, terrace or other public property, prior to
the commencement of construction activities, must obtain a "Tree Protection
During Construction Permit" from the Public Works Director/City Engineer
or City Forester and abide by the written policy guidelines issued
with the permit. Application for the permit shall be made on a form
to be provided by the Public Works Director/City Engineer's office,
subject to review and approval of the City Forester.
[Amended 7-5-2022 by Ord. No. 22-63]
B.
All public agencies, private persons, firms or organizations, or public utilities which are subject to the requirements of a permit under Subsection A and which perform a construction project in or upon any street, boulevard, median strip, terrace or other public property are subject to the following regulations. No person, firm or organization shall:
(1)
Secure any rope, wire, sign, unprotected electrical installation
or other device or material to, around or through a tree or shrub.
(2)
Break, mutilate, deface or remove 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 on any tree or shrub.
(4)
Place cement or other solid substances around the base of any tree
or shrub.
(5)
Remove any protective device from a tree or shrub.
(6)
Attach any sign or notice on any tree, or fasten any guy wire, cable,
rope, nails, screws or other device to any tree, except that authorized
City employees may post temporary "No Parking" signs on trees when
necessary.
(7)
Fail to make reasonable and necessary efforts to protect trees to
be retained during construction of streets, sidewalks, boulevards,
parks and buildings.
No person, firm or organization shall plant or allow to grow
any tree or shrub or other growth in or upon any boulevard, median
strip, terrace or public property without permission of the City Forester
and in conformance with the following regulations:
A.
No tree or shrub shall be planted in the terrace at an intersection of two streets nearer than 25 feet to either corner measured on the property line, in compliance with the Watertown Zoning Code setback requirements in Chapter 550 of this Code.
B.
No tree or shrub shall be planted in the terrace nearer than 35 feet
to the next nearest tree, except as approved by the City Forester.
C.
No tree or shrub shall be planted in the terrace where the clear
terrace space is less than 4 1/2 feet or as may be otherwise
provided by City Forester.
D.
No tree or shrub shall be planted nearer to the back of curb than
1/2 of the clear space of the terrace.
E.
No tree or shrub shall be planted in the terrace nearer than 10 feet
to a water stop box, waterline or sewer line.
F.
No softwood tree or any tree that is not hardy for the Watertown
area, as determined by the City Forester, shall be planted in any
street terrace.
G.
No tree or shrub shall be planted in the terrace near an ornamental
streetlight when the foliage of the tree will obstruct the streetlight
illumination pattern.
H.
No trees or shrubs other than those species listed as small trees
in the City's Approved Species List[1] may be planted under or adjacent to any overhead utility
wires where such tree or shrub will be likely to interfere with such
overhead utility wires.
[1]
Editor's Note: Said list of approved tree species is on file
with the Street Department.
I.
No person, firm or organization shall plant or set out a tree or
shrub in or upon any boulevard, terrace or public property unless
the tree or shrub is a species listed in the City's Approved Species
List or a species approved by the City Forester.
J.
All trees and shrubs planted in boulevards, median strips, terraces
and on other public property in the City shall be planted according
to tree/shrub planting standards developed by the Park, Recreation
and Forestry Commission and made available to the general public by
the City Forester.
Any person who shall violate any provision of this chapter or any order, rule or regulation made by the Park, Recreation and Forestry Commission or the City Forester hereunder shall be subject to the penalties provided herein or those penalties set forth in § 1-4 of this Code.
