[HISTORY: Adopted by the Village Board of the Village of
Denmark at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
A.
It is the purpose of this chapter to promote and protect the public
health, safety and general welfare by providing for the regulation
of the planting, maintenance and removal of trees, shrubs and other
plants within the Village.
B.
It is the intent of the Village Board that the terms of this chapter
shall be construed so as to promote:
(1)
The
planting, maintenance, restoration and survival of desirable trees,
shrubs and other plants within the Village; and
(2)
The
protection of community residents from personal injury and property
damage, and the protection of the Village from property damage, caused
or threatened by the improper planting, maintenance or removal of
trees, shrubs or other plants located within the community.
C.
Having determined that a well-managed urban forest provides many
benefits to the Village, it is hereby declared to be the policy of
the Village of Denmark, Wisconsin, to regulate and control the planting,
removal, maintenance, and protection of trees and shrubs upon or in
all public areas of the Village in order to:
(1)
Promote
and enhance the aesthetics and general welfare of the Village.
(2)
Eliminate
and guard against dangerous conditions which may result in injury
to persons using public areas of the Village.
(3)
Protect
trees and shrubs in public areas from undesirable and unsafe planting,
removal, maintenance and protection practices.
(4)
Protect
all trees and shrubs from the damaging effects of construction, alteration
or repair of utility facilities and other improvements in any public
area.
(5)
Guard
all trees and shrubs, both public and private, within the Village
against the spread of disease, insects, or pests.
(6)
Prevent
damage to any public sewer, water main, street, sidewalk, or other
public property.
Unless specifically defined below, the words or phrases used
in this chapter shall be so interpreted as to give them the meaning
they have at common law and to give this chapter its most reasonable
application. As used in this chapter, the following terms shall have
the meanings indicated:
A triangle-shaped zone formed by the existing or proposed
curblines of two or more intersecting streets, roads or alleys and
a third line connecting said curblines at a distance of 25 feet in
each direction from the point of curbline intersection, in order to
provide vehicular traffic an unobstructed view of cross traffic at
intersections.
Person, firm, association or corporation.
Includes all public parks and other lands owned, controlled
or leased by the Village.
Any tree or shrub or part thereof which by reason of its condition or location has been declared to be a public nuisance under § 273-6 of this chapter.
All trees and shrubs located or to be planted in or upon
public areas.
The land between the normal location of the street curbing
and sidewalk.
A comprehensive annual plan including maintenance, inventory,
new planting and budget, with projections for annual and long-range
implementation.
The Village of Denmark, Wisconsin
A.
Authority over public trees and shrubs. The Village Board or its
designee may plant, trim, spray, preserve, renew and remove public
trees and shrubs or cause such work to be done as may be necessary
to ensure the safety, preserve the beauty of public areas, and to
protect public property, sewers and water mains from damage or injury.
B.
Authority over private trees and shrubs and terrace trees.
(1)
Notice to abate public nuisances. Whenever the Village Board or its
designee finds on examination that any tree or shrub or part thereof
growing or located upon private premises or the terrace area is a
public nuisance it must be sprayed, removed or otherwise abated as
directed in the notice within the time specified, which shall not
be less than 30 days unless the Village Board or its designee shall
determine that immediate action is necessary for public safety.
(2)
Abatement of nuisances. If the owner of such premises or his agent
shall refuse or neglect to comply with the notice within the time
specified, the Village Board or its designee shall cause the nuisance
to be sprayed, removed or otherwise abated and shall report the expense
thereof to the Village Treasurer who shall enter it as a charge against
the property upon which the tree or shrub is located.
The officers, agents, servants and employees of the Village
may enter upon private premises at all reasonable times upon reasonable
notice for the purpose of examining any tree or shrub located upon
or over such premises and carrying out any of the provisions of this
chapter.
No person shall interfere with the officers, agents, servants
and employees of the Village while they are engaged in carrying out
any work or activity authorized by this chapter.
A.
The following are hereby declared public nuisances under this chapter:
(1)
Any
dead or dying tree, shrub, or other plant, whether located on Village-owned
property or on private property, that is the cause of substantial
annoyance to the general public.
(2)
Any
otherwise healthy tree, shrub, or other plant or portion thereof,
whether located on public areas or on private property, which harbors
insects or diseases which reasonably may be expected to injure or
harm any tree, shrub, or other plant.
(3)
Any
tree, shrub, or other plant or portion thereof, whether located on
public areas or on private property, which by reason of location or
condition constitutes a potential danger to the health, safety, or
welfare of the general public.
(4)
Any
tree, shrub, or other plant or portion thereof, whether located on
public areas or on private property, which obstructs the free passage
of pedestrian or vehicular traffic or which obstructs a street sign
on Village property.
(5)
Any
tree, shrub or other plant or portion thereof, whether located on
public areas or on private property, which dangerously obstructs the
view as such may be determined by the agent of the Village pursuant
to this chapter.
B.
Abatement. The following are the prescribed means of abating public
nuisances under this chapter:
(1)
Any public nuisance under this chapter which is located on public
areas shall be pruned, removed, or otherwise treated by the agent
of the Village in whatever fashion is required to cause the abatement
of the nuisance within a reasonable time after its discovery.
(2)
Any public nuisance under this chapter which is located on privately
owned property shall be pruned, removed, or otherwise treated by the
property owner or his/her agent in whatever fashion is required to
cause the abatement of the nuisance. No property owner may be found
guilty of violating this provision unless and until the following
requirements of notice have been satisfied:
(a)
The agent of the Village shall cause a written notice to be personally
served or sent by registered mail to the person to whom was sent the
tax bill for the general taxes for the last preceding year.
(b)
Such notice shall describe the kind of tree, shrub, or plant or plant
part which has been declared to be a public nuisance, its location
on the property and the reason for declaring it a nuisance.
(c)
Such notice shall describe by legal description or by common description
the premises.
(d)
Such notice shall state the actions that the property owner may undertake
to abate the nuisance.
(e)
Such notice will require the elimination of the nuisance no less
than 30 days after the notice is delivered or sent to the person to
whom was sent the tax bill for the general taxes for the last preceding
year.
(3)
In the event that the nuisance is not abated by the date specified
in the notice, the agent of the Village is authorized to cause the
abatement of said nuisance.
(4)
The agent of the Village is empowered to cause the immediate abatement
of any public nuisance, provided that the nuisance is determined by
the agent of the Village to be an immediate threat to any person or
property.
A.
The entire cost of abating any public nuisance as defined herein
that is located on private premises shall be charged to and assessed
against the parcel or lot upon which such tree is located or the parcel
or lot upon which such tree stands in accordance with § 66.0627
or 27.09, Wis. Stats. The cost of abating any such nuisance or part
thereof which is located in or upon any park, public grounds, or terrace
areas shall be borne by the Village.
B.
A special charge may be levied against property for the cutting down
and removing therefrom of any tree infected with determined infectious
tree insect/disease. The special charge shall be paid in accordance
with § 66.0627, Wis. Stats.
The Village Tree Management Plan consists of a Village-wide,
street-by-street written evaluation of all public rights-of-way and
public areas space and site factors which will aid in the determination
of the tree genus and species and variety best suited to a particular
planting site in regard to growth habit, shape, form, health, disease,
insect and pest resistance, conflict with wires, lights, pavement,
traffic, pedestrians, sidewalk, environmental pollution, sewers and
space availability. The evaluation of the space and site factors and
the genus and species and variety selection for a particular street
shall be made by the agent of the Village or hired qualified consultant.
A.
Scope of requirement. No person except the authorized agent of the
Village may perform any of the following acts without first obtaining
from the agent a permit, and nothing in this section shall be construed
to exempt any person from the requirements of obtaining any additional
permits as are required by law:
(1)
Remove,
destroy, cut, deface or injure any tree existing in the public area
or attach any rope, wire, chain, sign or any other device to any public
tree.
(2)
Plant,
prune, fertilize or spray any tree or shrub existing on any public
area in the Village or authorize or cause the same to be done.
(3)
Place
or maintain upon the ground in any public area any stone, concrete,
brick or other impervious material or substance in such a manner as
may obstruct the free access of air and water.
B.
Issuance. Within 14 days of receipt of the application, the agent of the Village may issue a permit to perform, within 30 days of the day of issuance, any of the acts specified in Subsection A immediately above, for which a permit is requested, whenever:
(1)
Such
acts would result in the abatement of a public nuisance;
(2)
An
application has been signed by the applicant and submitted to the
agent of the Village detailing the location, number, size, and species
of trees, shrubs, or other plants that will be affected by such acts,
setting forth the purpose of such acts and the methods to be used,
and presenting any additional information that the agent of the Village
may find reasonably necessary; and
(3)
The
applicant agrees to perform the work for which the permit is sought
in accordance with the provisions of this chapter.
A.
Planting.
(1)
No trees or shrubs shall be planted within 30 feet of any street
corner. There shall be a minimum distance of 30 feet and a recommended
distance of 50 feet between terrace area trees depending upon the
size of tree and other factors. Terrace trees shall be planted an
equal distance between the sidewalk or proposed sidewalk and back
of the curb or proposed back of curb. In terrace areas less than three
feet wide, planting will not be permitted. Large tree species planted
in terrace areas must be a minimum of seven feet in height and 13
inches in diameter. Smaller tree species must be a minimum of five
feet in height and one inch in diameter. Tree diameters shall be measured
at six inches above ground height.
(2)
The agent of the Village shall approve the species of tree that will
be allowed to be planted at each location.
B.
Pruning. Trees and shrubs standing in or upon any terrace area, public
area or upon any private premises adjacent to any public street or
alley shall provide a clearance of not less than 12 feet over sidewalks
and 15 feet over streets. The agent of the Village may waive the provisions
of this subsection for newly planted trees if he determines that they
do not interfere with public travel, obstruct the light of any street
corner or endanger public safety.
Notwithstanding any other provisions of this chapter, no person
shall maintain, plant or permit to remain on any private or public
premises situated at the intersection of two or more streets or alleys
in the Village any hedge, tree, shrub, or other growth which may obstruct
the view of the operator of any motor vehicle or pedestrian approaching
such intersection. A clear-vision triangle shall be maintained to
a minimum distance of 25 feet from the corner of two intersecting
streets.
A.
No person
shall, without the consent of the owner in the case of a private tree
or shrub, or without written permission from the Village in the case
of a terrace area tree, public tree or shrub, do or cause to be done
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)
Erect, alter, repair, raze, or excavate without placing suitable
guards as approved by the Public Works Department around all public
trees or shrubs which may be injured by such operations.
(5)
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.
(6)
Top any public tree. Topping is defined as a severe cutback of leaders
and main scaffold branches to stubs within the tree so as to remove
the normal canopy and disfigure the tree. Trees damaged by storms
when proper pruning practices are impractical may be exempted from
this subsection at the determination of the Village Board.
B.
When permission
is obtained from the Public Works Department to move over-height and
over-width structures or objects, the agent of the Village will assist
in advising the carrier regarding trees and shrubs on routes. Any
damage done to trees and shrubs in the process of such a move shall
be the liability of the carrier.
No citizen shall remove or cause to be removed any tree or shrub
from any public area or terrace.
No person shall transport into the Village any infectious tree
insect/disease bark bearing wood or brush without securing written
permission from the agent of the Village.
The cost of replanting in the street right-of-way or terrace
shall be assessed against owners of adjacent property in the same
manner as other special assessments.
Any person who receives a determination or order from the agent
of the Village and objects to all or any part thereof may appeal to
the Village President within seven days of receipt of the order and
the Village President shall hear such appeal within 30 days of receipt
of written notice of the appeal. After such hearing the Village President
may reverse, affirm, or modify the order or determination appealed
from and the grounds for his decision shall be stated in writing.
The Village President shall by letter notify the party appealing the
order or determination of his decision within 10 days after the hearing
has been concluded and file his written decision with the Village
Treasurer.
The planting of female cottonwood trees is prohibited anywhere
within the Village of Denmark. Cottonwood trees three inches in diameter
or less are hereby declared to be a public nuisance.
Sections 27.09 and 66.0627, Wis. Stats., are hereby adopted
and incorporated herein by reference.
The penalty for commission of any offense under this chapter shall be limited to a forfeiture imposed under § 1-4 of this Code.
