[HISTORY: Adopted by the Village Board of the Village of Allouez at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
It is hereby declared to be the policy of the Village of Allouez to regulate and control the planting, transplanting, removal, maintenance and protection of trees and shrubs in order to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks or property of the Village; to promote and enhance the beauty and general welfare of the Village; to prevent damage to any public sewer or water main, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal, treatment and maintenance practices; and to guard all trees and shrubs within the Village against the spread of disease or pests. It is the intent of the Village Board that the provisions of this chapter shall apply to all trees, shrubs, or plants growing in or upon any public right-of-way or other premises owned or controlled by the Village of Allouez and also to all trees or shrubs growing in or upon any private premises which shall threaten the lives, health, safety or welfare of the public or of the property owned or controlled by the Village of Allouez.
Terms used in this chapter mean as follows:
- ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE FOR THE VILLAGE OF ALLOUEZ
- The policy manual containing regulations and standards for the planting, maintenance, and removal of trees, shrubs, and other plants upon Village-owned properties. Hereinafter known as the "Arboricultural Specifications Manual."
- An island or area of land, of any length or width, in or about the center of a street, which contains grass, trees, shrubs, flowers or other vegetation and which is not surfaced or a part of the traveled portion of the street.
- PUBLIC PLACE
- Any public street, public highway, public park, or any other property owned or held by the Village of Allouez within its boundaries.
- The land between the normal location of the street curbing and sidewalk, and if there is no sidewalk, the land between the normal location of the street curbing and the edge of the right-of-way.
- TREE TOPPING
- The cutting back of limbs to stubs larger than three inches in diameter so as to remove the normal canopy and disfigure the tree.
The Village Board shall have full jurisdiction, authority, responsibility and control of all trees and shrubs which now or which may hereafter exist upon any public place in this Village. The Village Board is also given full jurisdiction, authority and control to issue the permits hereinafter provided for and to exercise any and all of the power herein granted. The Village Board shall have the authority to delegate all or part of its authority to its subordinates as the Board may determine from time to time.
No person shall prevent or interfere with the Village Board or any of its agents or employees while they are engaged in the performance of duties imposed by this chapter.
The Village Board through its agent, the Parks, Recreation and Forestry Director, shall have the right to plant, maintain, or remove any tree in any public place to preserve the function or beauty of such public place in accordance with the Arboricultural Specification Manual. The Parks, Recreation and Forestry Director shall have the authority to plant, remove, prune, spray, fertilize or otherwise treat any tree on any public place when in his/her opinion such treatment will promote the general welfare, improve the Village's appearance or alleviate any unsafe condition.
The Parks, Recreation and Forestry Director shall have the authority to prune, remove, or spray any part of a tree that extends over public property though the tree itself stands on private property, when necessary, after notifying the owner or occupant, prior to doing such work, of his/her intention to do such work.
Injuring. It shall be unlawful for any person to remove, destroy, cut, deface, or injure any tree existing on any public place in the Village or for any person to attach any rope, wire, chain, sign or any other device to any tree on any public place in this Village.
Planting or maintaining. It shall be unlawful for any person to plant, prune, fertilize or spray any tree or shrub existing on any public place in the Village, or to authorize or cause the same to be done, without having first obtained permission from the Village Board to do so.
Stone or concrete on ground adjacent to tree trunk. It shall be unlawful for any person to place or maintain upon the ground in any public place any stone, concrete, brick or other impervious material or substance in such a manner as to obstruct the free access of air and water to the roots of any tree upon any public place in the Village, without first having obtained written permission from the Village Board.
Care of trees during building operation. It shall be unlawful for any person in charge of or responsible for the erection, alteration or removal of any building or structure in the Village to permit any tree upon any public place in the vicinity of such operation to stand without a good and sufficient guard or protection so as to prevent injury, damage or defacement to such a tree arising out of, in connection with, or by reason of such operation. The quality of the guard or protection is to be determined by the Village.
Nuisance. The following are hereby declared to be a public nuisance:
Any dead or dying tree, shrub or other plant, whether located on public or private property.
Any tree, shrub, plant or other vegetation, whether located on public or private property, which is infected with injurious insects or plant diseases or which by reason of the ravages of age, the nature of its growth or its general condition endangers or may endanger the public or is injurious or threatens injury to sewers or other public improvements.
Any tree, shrub, other plant, or portion thereof, whether located on public or private property, which by location or condition constitutes an imminent danger to the health, safety, or welfare of the general public.
Any tree, shrub, other plant, or portion thereof, whether located on public or private property, which obstructs free passage of pedestrian or vehicular traffic, or obstructs a street sign or traffic signal, or dangerously obstructs the view of vehicular traffic.
Nuisance prohibited. No person shall allow or permit any public nuisance as hereinabove defined to remain on any premises owned or controlled by him/her within the Village of Allouez.
Notification and abatement. If the Village shall determine that any public nuisance, as herein defined, exists on private property, it shall cause notice to be served upon the person who owns or controls the premises upon which the tree is located of the type and nature of the nuisance and the premises involved. The Village may cause written notice to be served upon the owner or person controlling said premises to abate such nuisance within 30 days of the date of service of the notice, and if the nuisance shall not be abated within the time designated, the Village shall cause the nuisance to be abated and shall assess the full costs against the property. No damages shall be awarded to the owner of the property, or any other person, for the destruction of any tree, plant or other vegetation, or any part thereof, pursuant to this section.
Immediate abatement. The Village Board is empowered to cause the immediate abatement of any public nuisance provided that the nuisance is determined by an agent of the Village Board to be an immediate threat to any person or property.
General prohibition. It shall be unlawful for any person, firm or corporation to cause damage to the top of any tree on Village property by employing the cutting method known as "tree topping."
Exemptions. Trees severely damaged by storms or other causes or trees under utility wires or other obstructions where other pruning practices are impractical shall be exempt from this section if it has been determined by the Village Board that compliance with this section would create an unnecessary hardship or a threat to the health, safety or welfare of the public. Any request for such an exemption shall be in writing and submitted to the Village Board for determination. An exemption granted by the Village Board shall be by written resolution.
Any person, firm or corporation violating any provision of this chapter, upon conviction, shall forfeit not less than $25 nor more than $200 and pay the costs of prosecution or, in the event of failure to pay such forfeiture and costs within the time set by the court, any such person shall be committed to the Brown County jail until such forfeiture and costs are paid, but every such commitment shall be for a definite term which shall not exceed 90 days. Each act of violation shall constitute a separate offense.