[Adopted by Ord. No. 1566 (Sec. 7.06 of the Codification)]
A.
Intent
and purpose. It is the policy of the Village of Whitefish Bay to regulate
and control the planting, removal, maintenance and protection of trees
and shrubs in or upon all public and parkway 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 against the spread of disease, insects and pests.
B.
Application.
The provisions of this section shall apply to trees and shrubs growing
or hereafter planted in or upon public areas and parkway areas and
also to all trees and shrubs growing or planted in or upon any private
premises which shall threaten the life, health, safety or welfare
of the public or of any public areas.
A.
The
Village Manager may designate a municipal employee or citizen to perform
the duties of Forester and may authorize such Forester to perform
such duties.
B.
The
Village Forester or his authorized representative may enter upon private
premises at all reasonable times for the purpose of examining any
tree or shrub located upon or over such premises and carrying out
any of the provisions of this article. If consent at entry to properties
which are not public buildings, or to portions of public buildings
which are not open to the public for inspection purposes has been
denied, the Village Forester shall obtain a special inspection warrant
under § 66.0119, Wis. Stats.
This article provides full power and authority over all trees,
plants and shrubs located within street right-of-way, parks and public
places of the Village and to trees, plants and shrubs located on private
property which shall threaten the life, health, safety or welfare
of the public or of any public areas.
As used in this article, the following terms shall have the
meanings indicated:
Any woody plant normally having one stem or trunk and bearing
foliage in the form of needles and crowns which extend from the ground
level throughout its entire height.
A person designated by the Village Manager and authorized
to carry out provisions of this article.
Pruning a tree beyond necessary pruning, the result of which
is to stress or deform the structure of the tree.
The nonpaved areas between two portions of a street, the
two portions being utilized for traffic in opposite directions, said
nonpaved area containing vegetation, trees or shrubs.
The land between the normal location of the street curbing
and sidewalk.
Any person, firm, partnership, legal representative, 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, interferes with the use of any public area; is infected
with Dutch Elm disease or injurious to public improvements; or endangers
the life, health, safety or welfare of persons or property in the
Village.
Property owned or controlled by the Village, including without
limitation because of enumeration, public sites, parks, playgrounds,
streets, alleys, sidewalks, boulevards and parkway strip between the
lot line and the curb or improved portion of any public way.
All trees and shrubs located or to be planted in or upon
public areas.
Any woody plant vegetation or woody plant having multiple
stems and bearing foliage from the ground up.
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.
[Amended by Ord. No. 1600]
A.
Purpose. The Village Board hereby states its determination that the
planting, care and protection of the trees within the Village 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.
B.
Tree planting program. The Village Forester shall recommend to the
Village Board a program for tree planting, care and protection of
trees and shrubs on public areas within the Village.
C.
Planting.
(1)
Any person proposing to plant trees or shrubs in public areas shall first have the size and genus, species and variety of trees and shrubs, and the manner of planting submitted to the Village Forester for approval before commencement of such work, pursuant to § 7-15.
(2)
There shall be a recommended distance of 30 feet to 50 feet between
parkway area trees depending upon the size of the tree and other factors,
as determined by the Village Forester. Parkway trees shall be planted
equal distance between the sidewalk and back of the curb or proposed
back of curb. In parkway areas less than three feet wide, planting
will not be permitted. Parkway area trees shall be a minimum of 35
feet from an intersection.
(3)
Evergreen trees shall not be planted in a parkway area, unless specifically
authorized by the Village Forester.
D.
Unlawfully planted trees.
(1)
No trees, plants or shrubs shall be planted within any parkway or
public area without the authorization and approval of the Village
Forester.
(2)
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 accomplished within
the time specified, the Village may remove such trees, plants or shrubs
and assess the costs thereof to the owner.
A.
Trees and shrubs standing in or upon any parkway, public area or
upon any private premises adjacent to any public right-of-way or public
areas shall be kept pruned 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 provision of this section
for newly planted trees if he determines that they do not interfere
with public travel, obstruct the light of any streetlight or endanger
public safety.
B.
The necessity of the pruning may be determined by the Village Forester.
C.
Clearance from sidewalk to lower branches of any tree shall not be
less than 10 feet. No tree shall be permitted to grow in such a manner
as to obstruct the proper diffusion of light from any public lamp.
All trees and shrubs shall be kept trimmed to prevent their branches
from encroaching on any public sidewalk.
D.
Pruning Specifications. Pruning of public trees shall be in accordance
with the National Arborist Association definition of Class II Standard
Pruning and the guidelines of the American National Standards Institute
publication ANSI A300 - 1995.
A.
No person shall cut down or in any manner destroy or injure any living
shade tree upon any public street, highway or other public ground
in said Village without a permit therefor from the Village Forester
of said Village.
B.
Hazardous, obstructive and infected trees. Any tree or part thereof,
whether alive or dead, which the Village Forester shall find to be
infected with Dutch Elm Disease or found to be hazardous so as to
endanger the public or other trees growing within the Village, or
to be injurious to sidewalks or other public improvements, shall be
removed. The Village Forester shall give written notice to said owner
to remedy the situation which shall be served personally or posted
upon the affected tree. Such notice shall specifically state the period
of time within which the action must be taken, which shall be no more
than 30 days, as determined by the Village Forester on the basis of
the seriousness of the condition of the tree or danger to the public.
If the owner shall fail to remove, treat or trim said tree within
the time limit, the Village Forester shall cause the tree to be removed,
treated, or trimmed and shall report the full cost thereof to the
Village Clerk-Treasurer, who shall thereupon enter such costs upon
the tax roll as a special charge against the property.
C.
Dangerous trees. No tree which in the opinion of the Village Forester
is likely to fall upon any sidewalk or street, or is likely to cause
damage to any person or property, shall be permitted to remain standing
in this Village. It is hereby made the duty of the Village Forester
to give notice by mail to the owner or owners, or the agent of such
owner or owners, of the land upon which any such tree stands. if such
owner or agent can be found, to remove the same within 10 days from
the date of such notice; if such owner or agent cannot be found, such
notice shall be posted on such tree. After the expiration of said
10 days' notice, such tree shall be removed by the Village Forester
and he shall make written demand by mail for the payment of the cost
of such removal, within 10 days, on such owner or agent if he can
be found. At the termination of said 10 days' notice or immediately
upon the completion of such work, if such owner or agent cannot be
found the Village Forester shall certify the cost of removing such
tree, with the description of the real estate upon which the same
stood, to the Village Clerk-Treasurer, and thereupon the Village Clerk-Treasurer
shall enter the cost against said real estate in the next following
tax roll of said Village.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
A.
Damage to public trees. No person shall, without permits from the
Village Forester, perform or cause to be performed by others any of
the following acts upon public trees or shrubs.
(1)
Secure, fasten or attach any rope, cable, wire, nails, screws, signs,
posters, unprotected electrical installation or over device or material
to, around or through any 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 or 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.
B.
Excavations. All trees on any parkway 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 persona shall
excavate any ditches, tunnels or trenches or install pavement, without
consent from the Village Forester, which may impact adjoining trees
except in an emergency or for authorized public improvements.
C.
Interference with Forester. No person shall:
(1)
Interfere with or prevent any acts of the Forester or his agents
or employees while they are engaged in the performance of duties imposed
by this section.
(2)
Refuse to permit the Forester or his authorized representative to
enter upon premises at reasonable times to exercise the duties imposed
by this section.
A.
Permit required. No person, except upon order of the Village Forester,
shall plant or remove, or perform major alterations as determined
by the Forester on a tree or shrub in any public or parkway area or
cause such act to be done by others without first obtaining a written
permit for such work from the Village Forester as herein provided.
B.
Permit requirements and conditions. If the Village Forester determines
that the proposed work or planting described in an application for
a permit is necessary and in accord with the purposes of this section,
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 is located or proposed
to be located, type of soil characteristics and physiological need
of the genus, species and variety of tree, the Forester shall issue
a permit to the applicant. Any work under such permit must be performed
in strict accordance with the terms thereof and the provisions of
this section. Permits issued under this section shall expire six months
after date of issuance. There will be no charge for this permit.
C.
Permit exemptions. No permit shall be required for Village employees
to prune, remove, cultivate, fertilize or water trees and shrubs.
No permit is required for citizens to water parkway trees.
[Amended by Ord. No. 1107]
A.
Public nuisance. The Village Board declares the following to be a
public nuisance:
(1)
Any living or dead standing elm tree or part thereof infested with
an elm tree disease.
B.
Inspection of trees. The Village Forester shall periodically cause
to be made an inspection of all elm trees, firewood, logs, twigs and
branches within the Village on private or public property and make
a report to the Village Board of all infected or diseased trees.
C.
Infected or diseased trees or dead elm wood. Whenever the Village
Forester shall find any diseased or infected elm tree, dead elm wood,
dead branches or twigs:
(1)
On public property, he shall remove and destroy such infected or
diseased tree, dead elm wood, dead branches or twigs on elm trees.
(2)
On private property, he shall immediately give to the owner or occupant
of said premises 30 days' written notice to remove or destroy
such diseased or infected elm trees, dead elm wood, dead twigs or
branches of elm trees, and if such notice is not complied with within
the thirty-day period, he may cause such diseased or infected elm
tree, dead elm wood, dead twigs or branches of elm trees to be removed
and destroyed. The costs of such removal and destruction of elm trees,
dead elm wood, dead twigs or branches or elm trees on private property
to be billed and collected from the owner of said property, and if
said costs are not paid within 30 days after billing, then said costs
shall be reported to the Village Clerk-Treasurer, who shall enter
the amount against the respective real estate in the next and subsequent
tax roll as special charges against said real estate, and the same
shall be collected in all respects like other Village taxes. The Village
Forester may, for valid reason, grant an extension beyond the thirty-day
period.
D.
Treatment of elm trees. A property owner with prior approval of the
Village Forester as to method and chemical may, at the owner's
expense, inoculate, inject or treat a parkway or public elm tree for
the prevention of the elm disease.
E.
Transporting infected trees, etc. No person shall keep, store, sell,
offer for sale, give away, transfer or transport into or within the
Village of Whitefish Bay, any elm tree, elm firewood, branch, stump,
log or other elm material which is infected or diseased.
F.
Pruning of elm trees on public property. Any Village resident may
request from the Village Forester permission to prune any elm tree
located on public property if such tree is adjacent to his property,
and the Village Forester may authorize such tree pruning, provided:
G.
Qualified list of arborists. The Village Forester is authorized to
prepare and maintain a list of arborists, who must show sufficient
qualification to trim and prune trees and file with the Village a
certificate of insurance for adequate coverage of personal injury
and property damage as determined by the Village Manager.
