[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:
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.
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.
The cutting back of limbs to stubs larger than three inches
in diameter so as to remove the normal canopy and disfigure the tree.
A.
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.
C.
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.
A.
Authority.
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
Nuisance. The following are hereby declared to be a public nuisance:
(1)
Any dead or dying tree, shrub or other plant, whether located on
public or private property.
(2)
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.
(3)
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.
(4)
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.
B.
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.
C.
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.
D.
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.
A.
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."
B.
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.
