Whenever the following words or terms are used in this chapter,
they shall be construed to have the following meanings:
BOULEVARD OR TERRACE AREA
The land between the normal location of the street curbing
and sidewalk. Where there is no sidewalk, 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 only sidewalks, the area four feet from the curb shall
be deemed a boulevard area under this chapter.
EVERGREEN TREE
Any woody plant normally having one stem or trunk and bearing
foliage in the form of needles and crowns which extends from ground
level throughout its entire height.
FORESTER/TREE BOARD
The person designated by the Village Board as authorized to carry out provisions of this chapter. In the absence of a Village Forester, the Village Tree Board shall perform his duties under this chapter. The Tree Board shall be appointed pursuant to §
14-9.
MAJOR ALTERATION
Trimming a tree beyond necessary trimming to comply with
this chapter.
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and in all areas owned by the Village
or to which the public has free access as a park.
PERSON
Person, firm, association or corporation.
PUBLIC AREA
Includes all public parks and other lands owned, controlled
or leased by the Village, except the terrace areas.
PUBLIC NUISANCE
Any tree or shrub or part thereof which, by reason of its
condition, interferes with the use of any public area, is infected
with a plant disease, is infested with injurious insects or pests,
is injurious to public improvements or endangers the life, health,
safety or welfare of persons or property.
SHRUB
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the Village.
TREE
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.
It shall be unlawful for any person to prevent, delay or interfere
with the Village Tree Board or any of its agents while engaging in
and about the planting, cultivating, mulching, pruning, spraying or
removing of any street trees, park trees or trees on private grounds
as authorized in this chapter.
Any person who receives a determination or order under this chapter from the Tree Board and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter
7 of the Code of the Village of Kimberly and Ch. 68, Wis. Stats., to the Village Board within seven days of receipt of the order, and the Village Board shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the Village Board may reverse, affirm or modify the order or determination appealed from, and the grounds for its decision shall be stated in writing. The Village Board shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Board shall file its written decision with the Village Administrator.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating or removing street or
park trees within the Village without first applying for and procuring
a license. The license fee shall be $25 annually, in advance; provided,
however, that no license shall be required of any public service company
or Village employee doing such work in the pursuit of his or its public
service endeavors. Before any license shall be issued, each applicant
shall first file evidence of possession of liability insurance in
the minimum amounts of $50,000 for bodily injury and $100,000 for
property damage indemnifying the Village or any person injured or
any damages resulting from the pursuit of such endeavors as herein
described.