[HISTORY: Adopted by the Common Council of
the City of Bayfield 4-1-1992 (§§ 6-4-1 through 6-4-12
of the 1992 Code of Ordinances); amended in its entirety 3-10-2014 by Ord. No.
372. Subsequent amendments noted where applicable.]
A.
Intent and purpose. It is the policy of the City of Bayfield to regulate
and establish policy for the control of planting, removal, maintenance
and protection of trees and shrubs in or upon all public areas and
terrace areas of the City 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 City; 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 City against the spread of disease,
insects or pests.
B.
Application. The provisions of this chapter shall apply to trees
and shrubs growing or hereafter planted in or upon public areas and
terrace areas and also to all trees and shrubs growing or to be planted
in or upon any private premises which shall threaten the life, health,
safety or welfare of the public or of any public areas.
Whenever the following words or terms are used in this chapter,
they shall be construed to have the following meanings:
The land between the normal location of the street curbing
and sidewalk. Where there is no curb and gutter, the area four feet
from the curbline shall be deemed to be a boulevard for the purpose
of this chapter. "Boulevard" shall have the same meaning as "terrace."
Where there are no sidewalks, the area four feet from the curb shall
be deemed boulevard areas under this chapter.
Any woody plant normally having one stem or trunk and bearing
foliage in the form of needles and crowns which extend from ground
level throughout its entire height. Conifers are cone-bearing, usually
bearing needles which are green all seasons, as opposed to deciduous
trees which lose their leaves in winter.
A person appointed by the Common Council to serve as City
Forester and administrator of this chapter. Unless otherwise provided,
the City Forester shall be the Public Works Director.
Trimming a tree beyond necessary trimming to comply with
this chapter.
Person, firm, association or corporation.
Includes all public parks and other lands owned, controlled
or leased by the City, including the terrace areas.
Any tree or shrub or part thereof which, by reason of its
condition, interferes with the use of any public area; infected with
a plant disease; infested with injurious insects or pests; injurious
to public improvements or endangers the life, health, safety or welfare
of persons or property.
All trees and shrubs located or to be planted in or upon
public areas.
Any woody vegetation or a 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.
The City 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 chapter. If a request to inspect
such trees or shrubs is denied by the person responsible for the property,
an inspection warrant may be obtained pursuant to § 66.0119,
Wis. Stats.
A.
Dutch Elm Disease, Emerald Ash Borer and other tree diseases and
insect pests are a public nuisance. Whereas the Common Council has
determined that there are many trees growing on public and private
premises within the City, the loss of which would substantially depreciate
the value of public and private property, impair the use and enjoyment
of public and private premises and erode the tax base of the City,
and that the health and life of such trees is threatened by fatal
diseases such as Dutch Elm disease, which is spread by elm bark beetles,
and the Emerald Ash Borer beetle, the larvae of which feed on the
cambium of ash trees and kill them, the Common Council hereby declares
its intention to control and prevent the spread of such diseases and
the insect pests and vectors which carry such diseases and specifically
declares Dutch Elm disease and the elm bark beetles which carry such
disease, and the Emerald Ash Borer beetle to be public nuisances.
Recognizing that many damaging and fatal pests and diseases exist
which can become epidemic among trees and shrubs, the Common Council
declares future problems of such nature to also lie within the purview
of this chapter when so recommended by the City Forester, and upon
the advice of the Wisconsin Department of Natural Resources or the
Department of Agriculture, Trade, and Consumer Protection.
B.
PERSON
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
PUBLIC PROPERTY
Definitions. As used in this section, unless otherwise clearly indicated
by the context, the following terms shall have the meanings indicated:
Person, firm or corporation.
Dutch Elm disease, Emerald Ash Borer, white pine blister rust,
hemlock wooly adelgid, and other pests and diseases which may in the
future become epidemic.
Elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus
rufipes (Marsh.).
Any living or standing elm tree, ash tree or part thereof infected
with the Dutch Elm disease fungus or in a weakened condition which
harbors any of the elm bark beetles, Scolytus multistriatus (Eichb.)
or Hylurgopinus rufipes (Marsh.), or the Emerald Ash Borer, Agrilus
planipennis.
Any dead elm, ash or other tree or part thereof, including logs,
branches, stumps, firewood or other woody material which has not been
disposed of in a manner consistent with stopping the spread of pests
and diseases.
Any other deleterious or fatal tree disease.
Any tree or part thereof which by reason of its condition and
location is hazardous or dangerous to persons and property using or
upon any public street, sidewalk, alley, park or other public place,
including the terrace strip between curb and lot line.
Any tree or part thereof which is infested by the eastern, tent
caterpillar or other defoliating larvae including but not restricted
to the Gypsy moth and the Hemlock wooly adelgid.
Owned or controlled by the City, including, without limitation
because of enumeration, public sites, parks, playgrounds, streets,
alleys, sidewalks, boulevards, cemetery and the terrace strip between
the lot line and the curb or improved portion of any public way.
C.
Inspection.
(1)
The City Forester shall inspect or cause to be inspected all premises
and places within the City to determine whether any public nuisance
exists thereon. He/she shall also inspect or cause the inspection
of any elm tree reported or suspected to be infested with the Dutch
Elm disease or any elm bark bearing materials reported or suspected
to be infested with elm bark beetles, or any ash tree infested with
the Emerald Ash Borer beetle or larvae, or other serious pest or disease
of trees and shrubs.
(2)
Whenever necessary to determine the existence of Dutch Elm disease
or elm bark beetles or Emerald Ash Borer larvae in any tree, the person
inspecting such tree shall remove or cut specimens from the tree in
such manner as to avoid fatal injury thereto and deliver such specimens
to the Forester who shall forward them to the Wisconsin Department
of Agriculture, Trade and Consumer Protection, for analysis to determine
the presence of such nuisances. This also applies to other plant or
tree diseases.
(3)
The Forester and his/her agents or employees shall have authority
to enter upon private premises at reasonable times for the purpose
of carrying out any of the provisions of this section.
D.
Abatement of nuisances; duty of Forester.
(1)
The Forester shall order, direct, supervise and control the abatement
of public nuisances as defined in this section by spraying, removal,
burning or by other means which he/she determines to be necessary
to prevent as fully as possible the spread of Dutch Elm disease, Emerald
Ash Borer, or other deleterious tree diseases or insect pests or vectors
known to carry such diseases.
(2)
Whenever the Forester after inspection or examination shall determine
that a public nuisance as herein defined exists on public property
in the City, he/she shall immediately abate or cause the abatement
of such nuisance in such manner as to destroy or prevent as fully
as possible the spread of Dutch Elm disease, Emerald Ash Borer or
other deleterious tree diseases, or the insect pests or insect vectors
known to carry such disease fungus, as is consistent with public and
environmental safety and in the most judicious manner possible.
E.
Spraying and other remedial actions.
(1)
Whenever the Common Council, upon the recommendation of the City
Forester, shall determine that any tree or part thereof is infected
with a deleterious or fatal tree disease or is in a weakened condition
or harbors elm bark beetles or Emerald Ash Borer beetles or larvae,
he may cause all trees within an appropriate radius thereto to be
sprayed or otherwise treated (such as with a soil drench or by injection)
with an effective disease destroying concentrate or other insecticide
in accordance with accepted best practices principles and current
sustainable landscape practices.
(2)
In order to facilitate the work and minimize the inconvenience to
the public of any spraying or other operations conducted under this
section, the Forester shall cause to be given advance public notice
of such operations by newspaper, radio, television, public service
announcements or other effective means and shall also cause the posting
of appropriate warning notices in the areas and along the streets
where trees are to be sprayed or otherwise treated at least 24 hours
in advance of spraying or treatment.
(3)
When appropriate warning notices and temporary "no parking" notices have been given and posted in accordance with Subsection B of this section, the City shall not allow any claim for damages to any vehicle caused by such spraying operations.
(4)
When trees on private property are to be sprayed, the Forester shall
notify the owner of such property and proceed in accordance with the
requirements of Chaper 380.
[Amended 6-12-2017 by Ord. No. 388]
A.
Responsibility. The size and genus, species and variety of trees
and shrubs to be planted in terraces and boulevards and the manner
of planting shall be submitted to the City Forester for approval before
commencement of such work. All planting, maintenance and trimming
of trees in terraces shall be the responsibility of the City, and
individual property owners may not plant in boulevards, terraces,
alleys or other public property without prior approval of the Forester.
D.
Location.
(1)
There shall be a distance of 30 feet to 50 feet between terrace area
trees depending upon the size of tree and other factors. Terrace trees
shall be planted 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. Terrace area
trees shall be a minimum of 25 feet from an intersection.
(2)
Small sized trees shall be planted at least five feet from driveways
and large or medium sized trees shall be planted at least 15 feet
from driveways. Trees shall also be planted at least 10 feet from
curb box/water shutoffs.
(3)
Evergreen trees or shrubs shall not be planted in a terrace area.
(4)
It shall be unlawful to plant or maintain shrubbery, ground cover
or other plants not considered to be a deciduous tree within terrace
areas whose growth is in excess of eight inches in height above the
top of the nearest curb.
E.
Certain trees discouraged. Certain tree species that are weak wooded
or prone to disease or other problems are discouraged from being planted
within the City of Bayfield, such as any female tree of the species
Populus deltoides, commonly called the "cottonwood," any tree commonly
called the seed-bearing box elder or Acer negundo, black willow, black
locust, catalpa trees or silver maples. Such trees are best not planted,
but are not prohibited since they do serve certain useful purposes
and enforcement of a prohibition would be difficult.
F.
Unlawfully planted trees. Trees, plants or shrubs planted within
any terrace or planting easement without the authorization and approval
of the Forester may be removed. 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 to be accomplished within the time specified, the City
may remove such trees, plants or shrubs and assess the costs thereof
to the owner.
A.
Trees and shrubs standing in or upon any terrace, public area or
upon any private premises adjacent to any public right-of-way or public
areas shall be kept trimmed so that the lowest branches projecting
over the public street or alley provide a clearance of not less than
14 feet. The City Forester may waive the provisions of this section
for newly planted trees or trees in specific circumstances 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 City Forester.
C.
Clearance from sidewalk to lower branches shall not be less than
10 feet. All trees standing upon private property in the City, the
branches of which extend over the line of the street, shall be trimmed
so that no branch shall grow or hang over the line of the sidewalk
lower than 10 feet above the level of the sidewalk. No tree shall
be permitted to grow in such a manner as to obstruct the proper diffusion
of light from any public lamp.
D.
Trimming or pruning of more than 1/3 of the crown of a public area
tree shall be considered to be a major alteration and shall require
a permit from the City Forester.
E.
It is illegal to remove any tree or shrub on public property, including
conservancy areas, without the express permission of the Forester
or the Public Works Director. Property owners must present a removal
and planting plan to the Forester for subsequent approval by the Mayor
and Council if any extensive pruning or removal of trees and shrubs
on public property is requested.
A.
Notwithstanding any other provision 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
City any hedge, tree, shrub or other growth which may obstruct the
view of the operator of any motor vehicle or pedestrian approaching
such intersection.
B.
It is unlawful for any person to plant, cause to grow, allow to grow
or maintain any trees, bushes, shrubbery or vegetation of any kind
which is an obstruction to the clear and complete vision of any traffic
sign or driveway approach to a street in the City. It shall be the
duty of every owner of such tree, bush, shrubbery or vegetation to
remove such obstruction.
C.
Any shrub, tree or other plant which obstructs the view at an intersection
or the view of a traffic sign shall be deemed to be dangerous to public
travel and the City Forester may order, by written notice, the owner
of any private place or premises on which there stands a tree or shrub
which unreasonably interferes with or encroaches upon the street or
sidewalk, to take such steps as are necessary to remove such interference.
If such owner or occupant fails, within 10 days of receipt of notice,
to take such necessary steps, the City Forester and/or Common Council
shall order City employees to remove the interference. The cost of
removing the interference shall be levied and collected as a special
tax upon the property upon which or in front of which such tree or
shrub stands.
D.
Any person who is an owner or firm or corporation failing to obey the written notice of the City Forester as specified in Subsection C above shall, upon conviction thereof, be subject to a forfeiture as established in Chapter 380 of the Code of the City of Bayfield.
[Amended 6-12-2017 by Ord. No. 388]
A.
Dangerous, obstructive and infected trees. Any tree or part thereof, whether alive or dead, which the City Forester shall find to be infected, hazardous or a nuisance so as to endanger the general public or other trees, plants or shrubs growing within the City, or to be injurious to sewers, sidewalks or other public improvements whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. If such tree or part thereof is not removed, trimmed or treated, the City Forester shall proceed under Chapter 380.
[Amended 6-12-2017 by Ord. No. 388]
B.
Removal standards. In cutting down trees located in public and terrace
areas, the tree must be removed with the root stump grubbed out, or
ground out to a depth of at least nine inches below grade measured
in a straight line with the normal grade of sidewalk to top of nine
inches below grade. All wood and debris must be removed from the street
prior to the end of each working day and all holes shall be filled
to normal grade level with topsoil as soon as practicable.
C.
Private removal. No person, firm, organization or corporation shall
plant, injure, trim, remove or destroy any tree or shrub located in
or upon any public place, until a permit shall have been issued by
the City Forester. Such permit shall be issued only when the removal,
trimming or cutting of the tree or shrub is necessary, as determined
by the City Forester, because of disease, damage, hazardous condition,
and/or location, or its location is such that substantial detriment
is done to the property upon which the tree or shrub stands, or property
abutting the same. Such permit shall expressly state the premises
upon which the tree stands and the location of the tree thereon.
D.
Permits for work on City property. For all trees and shrubs on City
property (which includes boulevards/terraces, conservancy area, parks
and the cemetery), the following three types of permits are available
at City Hall: Cutting, trimming and planting.
A.
Damage to trees and shrubs on private and City property. No person
shall, without the consent of the owner in the case of a private tree
or shrub, or without written permits from the City Forester in the
case of trees and shrubs on City property, perform or cause to be
performed by others any of the following acts:
(1)
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.
(2)
Permit any toxic chemical, gas, smoke, oil or other injurious substance
to seep, drain or be emptied upon or about any City tree or shrub
or place cement or other solid substance around the base of the same.
(3)
Remove any guard, stake or other device or material intended for
the protection of a City tree or shrub, or close or obstruct any open
space about the base of a City tree or shrub designed to permit access
of air, water and fertilizer.
(4)
Attach any sign, poster, notice or other object on any tree or shrub
on City property, or fasten any guy wire, cable, rope, nails, screws
or other device to any tree; secure, fasten or run any rope, wire,
electrical installation or other device around or through a tree or
shrub, except that the City may tie temporary "no parking" signs to
trees when necessary in conjunction with street improvement work,
tree maintenance work or parades.
(5)
Cause or encourage any fire or burning near or around any tree on
City property.
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 person shall
excavate any ditches, tunnels or trenches, or install pavement within
a radius of 10 feet from any public tree without a permit from the
City Forester.
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 duly authorized representative
to enter upon his premises at reasonable times to exercise the duties
imposed by this section.
D.
Refusal to abate nuisance. Permits any public nuisance to remain
on any premises owned or controlled by him when ordered by the Forester
to abate such nuisance.
[Added 6-12-2017 by Ord.
No. 388[1]]
Violations of this chapter shall be addressed under Chapter 380.
[1]
Editor's Note: This ordinance also repealed former § 360-10,
Appeal from determinations or orders.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.
