[HISTORY: Adopted by the Common Council of the City of Shawano 4-7-1982 by Ord. No. 872 as Ch. 9 of the 1982 Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. § 4.09.
Orderly conduct — See Ch. 8.
Signs, canopies, awnings and billboards — See Ch. 10, Subchapter V.
Control of weeds, grass and plants — See § 11.10.
Unsafe buildings — See § 12.11.
Well abandonment — See § 12.232.
Bond Schedule — See Ch. 20.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.
As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC NUISANCE
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(1) 
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
(2) 
In any way render the public insecure in life or in the use of property.
(3) 
Greatly offend the public morals or decency.
(4) 
Unlawfully and substantially interfere with, obstruct, or tend to obstruct, or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
PUBLIC NUISANCES AFFECTING HEALTH
The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of "public nuisance" above:
(1) 
All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
(2) 
Carcasses of animals, birds or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
(3) 
Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed or are attracted.
[Amended by Ord. No. 949]
(4) 
All stagnant water in which mosquitoes, flies or other insects can multiply.
(5) 
Privy vaults and garbage cans which are not flytight.
(6) 
All noxious weeds and other rank growth of vegetation.
(7) 
All animals running at large, including but not limited to dogs and cats.
[Amended by Ord. No. 984]
(8) 
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the City limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensitivities or to threaten or cause substantial injury to property in the City.
(9) 
The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.
(10) 
Any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the City.
(11) 
All abandoned wells not securely covered or secured from public use. Abandoned wells not served by the Shawano municipal water system shall be abandoned pursuant to § 12.232, Well abandonment, of this Code.
[Amended 9-8-1999 by Ord. No. 1419]
(12) 
Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the City.
(13) 
Smoking regulations. The Common Council hereby adopts § 101.123, Wis. Stats., as amended by Wisconsin Act 12, by reference.
[Added 8-11-2010 by Ord. No. 1767]
PUBLIC NUISANCES AFFECTING PEACE AND SAFETY
The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of the definition of "public nuisance":
(1) 
All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.[1]
(2) 
All buildings erected, repaired or altered within the fire limits of the City in violation of the provisions of the ordinances of the City, relating to materials and manner of construction of buildings and structures within said district.[2]
(3) 
All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which, because of its color, location, brilliance or manner of operation, interferes with the effectiveness of any such device, sign or signal.
(4) 
All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. Any such obstruction which falls within a vision clearance triangle extending 25 feet horizontally along each street line from their intersection and within a vertical clearance of six feet shall be presumed to be a violation of this subsection. Despite such presumption, the Chief of Police may except trees from the requirements of this section when such trees have been defoliated to provide a vertical clearance of six feet and when, in the discretion of the Chief of Police, such trees by their size or number do not constitute an obstruction which would affect traffic safety to a point where removal would be advisable.
(5) 
All limbs of trees which project over and less than eight feet above the surface of a public sidewalk, or 14 feet above the surface of the portion of the street or alley traveled by vehicles.
(6) 
All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the City.[3]
(7) 
All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.[4]
(8) 
All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.
(9) 
All loud, discordant and unnecessary noises or vibrations of any kind.
(10) 
The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the City.[5]
(11) 
All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the City or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished.[6]
(12) 
All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
(13) 
All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside.
(14) 
Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
(15) 
Repeated or continuous violations of the ordinances of the City or laws of the State of Wisconsin relating to the storage of flammable liquids.
(16) 
All snow and ice not removed or sprinkled with ashes, sawdust or sand as provided in § 5.05 of this Code.
PUBLIC NUISANCES OFFENDING MORALS AND DECENCY
The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of "public nuisance":
(1) 
All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.
(2) 
All gambling devices and slot machines.
(3) 
All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this Code.
(4) 
Any place or premises within the City where City ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
(5) 
Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Wisconsin or ordinances of the City.
PUBLIC NUISANCES, OTHER
The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending the comfort, health, repose or safety of the public, but such enumeration shall not be construed to exclude other nuisances within the definition of "public nuisance":
(1) 
All owners or occupants of property located within a residential district of the City who fail to keep their premises free of litter, trash or rubbish.
[Amended 4-21-2009 by Ord. No. 1746]
(2) 
All owners or occupants of property located within a residential district of the City who allow their property to accumulate trash, litter or rubbish.
[Amended 4-21-2009 by Ord. No. 1746]
(3) 
"Litter" as used in this section includes, but is not limited to, trash and wastepaper lying scattered about; and an untidy accumulation of objects of any kind.
(4) 
"Trash" as used in this section includes, but is not limited to, something or object(s) worth little or nothing, and something or object(s) in a crumbled, broken or inoperable condition.
(5) 
"Rubbish" as used in this section includes, but is not limited to, waste materials and refuse of every character and kind, collected or accumulated.
(6) 
Boarded up windows and doors except when required to secure a building due to damaged windows or doors and then only for a repair period of not more than 60 days, reasonable time extensions may be granted by the Building Inspector or Chief of Police when presented with documentation that a time extension is necessary.
[Added 6-8-2005 by Ord. No. 1618]
(7) 
The term "outdoor solid fuel heating device/unit" means a structure or device located outdoors that supplies direct or indirect heat from the burning of solid fuel, including, but not limited to, wood, to a building. Outdoor solid fuel heating devices are prohibited and shall not be installed or operated within the City. All solid fuel units installed within the City at the time of the adoption of this subsection are required to meet emissions standards currently required, or amended, by the Environmental Protection Agency (EPA), but said units shall not be used after January 1, 2011.
[Added 3-10-2010 by Ord. No. 1766]
PUBLIC NUISANCES AND PROCEDURES AS SET FORTH IN CHAPTER 823 WIS. STATS.
The provisions of W.S.A. Ch. 823 relating to nuisances, as said chapter is later renumbered, amended or repealed and recreated, exclusive of any provisions thereof relating to the penalty to be imposed is hereby adopted and made a part of this chapter by reference.
[Added 9-22-2005 by Ord. No. 1627]
[1]
Editor's Note: See also Ch. 10, Subchapter V, Signs, Canopies, Awnings and Billboards.
[2]
Editor's Note: See also § 12.11, Unsafe buildings.
[3]
Editor's Note: See also § 8.02(5), Sale and use of fireworks regulated.
[4]
Editor's Note: See also § 12.11, Unsafe buildings.
[5]
Editor's Note: See also 7.13, Regulation and licensing of dogs and cats.
[6]
Editor's Note: See also § 5.04, Obstructions and encroachments.
(1) 
Enforcement. It shall be the duty of the Chief of Police, Building Inspector and Health Officer to enforce those provisions of this chapter that come within the jurisdiction of their offices, and they shall make periodic inspections and inspections upon complaint to ensure that such provisions are not violated. No action shall be taken under this section to abate a public nuisance unless the officer shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and has satisfied himself or herself that a nuisance does in fact exist.
(2) 
Summary abatement.
(a) 
Notice to owner. If the inspecting officer shall determine that a public nuisance exists within the City and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor may direct the Chief of Police to serve notice on the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained and to post a copy of said notice on the premises. Such notice shall direct the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within 24 hours and shall state that, unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.
(b) 
Abatement by City. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the officer having the duty of enforcement shall cause the abatement or removal of such public nuisance.
(3) 
Review by Mayor and Attorney. If the inspecting officer shall determine that a public nuisance exists on private premises, but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he or she shall discuss this situation with the Mayor and City Attorney, and said persons shall then decide what course of action to take in handling the matter.
[Amended 9-8-1999 by Ord. No. 1419]
(4) 
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin, nor as prohibiting an action to be commenced in the Circuit Court for Shawano County seeking a forfeiture as provided in § 9.07 of this chapter.
In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.
[Amended 9-8-1999 by Ord. No. 1419; 6-8-2005 by Ord. No. 1619; 9-9-2015 by Ord. No. 1879]
(1) 
Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
PERSON
Any individual, firm, partnership, association, corporation, company, or organization of any kind.
VEHICLE
A machine propelled by power other than human power designated to travel along the ground, air or water by use of wheels, treads, runners, or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motor home, motorcycle, tractor, buggy, wagon, boat and aircraft.
(2) 
Junked vehicles. No person shall keep any partially dismantled, unregistered, inoperable, wrecked or otherwise junked vehicle on any privately owned premises within the City, including any street or highway, for a period of time in excess of 24 hours. Any such vehicle shall constitute a public nuisance and subject the owner or keeper thereof to a forfeiture as provided in Subsection (6) of this section. Such vehicle may also be impounded as provided for in Subsection (5) of this section.
(3) 
Abandoned vehicles. No person shall leave unattended any vehicle for a period exceeding three months in a twelve-month period on any private or public property, including any street or highway, for such time, and under such circumstances, as to cause the vehicle to reasonably appear to be abandoned. Except as otherwise provided in this section, whenever any vehicle has been left unattended without the permission of the property owner for more than 72 hours on private property or more than 24 hours on any public property, including any street or highway, the vehicle is deemed abandoned and constitutes a public nuisance. A vehicle shall not be considered an abandoned vehicle when it is out of ordinary public view. Violation of this subsection shall subject the owner or keeper of such vehicle to a forfeiture as provided in Subsection (6) of this section. Such vehicle may also be impounded as provided for in Subsection (5) of this section.
(4) 
Exceptions. The following vehicles shall be considered not junked or abandoned within the meaning of Subsection (2) or (3) of this section:
(a) 
Vehicles kept in connection with an automotive sales or repair business enterprise located in a properly zoned area;
(b) 
Vehicles kept in an enclosed building;
(c) 
Vehicles located on the premises of a business operated in a lawful place and manner when necessary to the operation of such business enterprise; and
(d) 
Vehicles in an appropriate storage or depository maintained in a lawful place and manner by the City.
(5) 
Impounding. Any junked or abandoned vehicle found to be in violation of this section may be impounded and disposed of as provided in § 342.40, Wis. Stats. The Shawano Police Department shall be responsible for the administration of this Subsection (5). Sale of impounded vehicles shall be by sealed bid.
(6) 
Penalties. Any person, firm, partnership, or corporation violating or failing to comply with any of the provisions of this section shall be subject to penalties per § 20.04 of this code, plus the cost of impounding and disposing of the vehicle(s). Each day such violation is committed or permitted to continue shall constitute a separate offense.
[1]
Editor's Note: See also § 4.09, Abandoned vehicles.
[Amended by Ord. No. 1191A]
(1) 
Purpose. The policy of the City is to regulate and control the planting, transplanting, removal, maintenance and protection of public and private trees and shrubs in the City 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 City; to promote the beauty and general welfare of the City; to protect trees and shrubs located in the public areas from undesirable and unsafe planting, removal, treatment and maintenance practices; and to control the spread of tree diseases, and insect infestations.
[Amended 12-10-2008 by Ord. No. 1732]
(2) 
City Forester.
(a) 
There is hereby created the office of City Forester. The Forester shall be appointed by the Public Works Field Committee of the City, with the approval of the Council.
(b) 
The Forester shall annually submit to the Public Works Field Committee his or her estimate of the amount of money required by the Forester for the succeeding year for salary and for removal, trimming and planting of trees and shrubs.
(c) 
The Forester shall, subject to the supervision and control of the Director of Public Works, have jurisdiction and direction over all trees and shrubs planted or growing in or upon City-owned property and that part of every street, the grade of which has been established, lying between the lot line and the curb in the City, and the planting, removal, care, maintenance and protection thereof.
(d) 
The Forester shall submit to the Director of Public Works an annual plan for the orderly planting, trimming and removal of public trees and shrubs in the City, and an annual written report of the work performed under his or her direction. The annual plan and any subsequent changes shall be submitted to appropriate City Committees/Commissions for review prior to submission to and approval by the Council.
(e) 
The City Forester shall serve as advisor to the City Tree Advisory Committee.
(3) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUSH or SHRUB
A low-spreading woody plant with several permanent stems.
CITY FORESTER
The Forester or persons hired or authorized by him or her.
PUBLIC TREES AND SHRUBS
All trees or shrubs planted or to be planted in any park or other property owned or controlled by the City or on any street, alley, sidewalk or highway within the public right-of-way, including terrace trees and shrubs, but excluding school sites.
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 City.
TREE
A woody perennial plant with one main stem or trunk which is capable of attaining a height in excess of 10 feet above the ground.
(4) 
Creation and establishment of a City Tree Advisory Committee.
(a) 
Membership. There is hereby created and established a City Tree Advisory Committee for the City which shall consist of five members, citizens and residents of the City who shall be appointed by the Mayor with the approval of the Council.
(b) 
Term of office. The terms of the five persons to be appointed by the Mayor shall be three years, except that the terms of two of the members appointed to the first Committee shall be for only one year, and the terms of two members of the first Committee shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.
(c) 
Compensation. Members of the Committee shall be compensated as established by the City Council.
[Amended 12-10-2008 by Ord. No. 1733]
(d) 
Duties and responsibilities. It shall be the responsibility of the Committee to study, investigate, counsel and develop and/or update annually and to submit a written plan in conjunction with the City Forester for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan shall be presented annually to the Public Works Field Committee and other appropriate committees/commissions and, upon their acceptance and Council approval, shall constitute the Official Comprehensive City Tree Plan. The Tree Advisory Committee, when requested by the Field Committee, shall consider, investigate, make findings, report and recommend upon any special matter or questions coming within the scope of its work.
(e) 
Operation. The Committee shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(5) 
Tree planting regulations.
(a) 
Species.
1. 
The Tree Advisory Committee shall develop and maintain a list of desirable trees for planting along streets in three size classes based on mature height as follows:
Class of Tree
Height
(feet)
Small trees
Under 20
Medium trees
20 to 40
Large trees
Over 40
2. 
A list of trees not suitable for planting shall also be created by the Tree Advisory Committee. No person shall plant any street tree without a permit from the City Forester.
(b) 
Spacing. The spacing of street trees shall be in accordance with the three species size classes listed in Subsection (5)(a) above, and no trees may be planted closer together than the following except in special plantings designed or approved by the City Forester. No person shall plant any street tree without a permit from the City Forester.
Class of Tree
Spacing
(feet)
Small trees
30
Medium trees
40
Large trees
50
(c) 
Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks shall be in accordance with the three species size classes listed in Subsection (5)(a) above, and no trees may be planted closer to any curb or sidewalk than the following unless approved by the City Forester:
Class of Tree
Distance
(feet)
Small trees
1 1/2
Medium trees
2
Large trees
4
(d) 
Distance from street corners and fire hydrants. No street tree shall be planted within 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted within 10 feet of any fire hydrant.
(e) 
Utilities. No street tree other than those species listed as small trees in Subsection (5)(a) above may be planted under or within 10 feet of any overhead utility wire.
(f) 
Public tree care. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Tree Advisory Committee may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. No person or entity shall damage and/or remove or cause to be damaged and/or removed any tree, or root system thereof, from any public street, road, alley or terrace without written permission from the City Forester.
(6) 
Tree topping. It shall be unlawful as a normal practice for any person, firm or City department to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this section at the determination of the Tree Advisory Committee or the City Forester.
(7) 
Pruning, corner clearance. Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street intersection so that there shall be a clear space of 14 feet above the street surface or eight feet above the sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign or sight triangle at intersections. Tree limbs that grow near high-voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreement. The utility company shall have the right to prune trees on public and private property in the event such tree is constituted a hazard to life and/or property. A utility tree trimming policy must be adopted by each utility company and the Tree Advisory Committee and followed for any trimming by the utility company.
[Amended 12-10-2008 by Ord. No. 1734]
(8) 
Dead or diseased tree removal on private property.
[Amended 12-10-2008 by Ord. No. 1734]
(a) 
The City shall have the right to cause the removal of any dead, hazardous or diseased trees on private property within the City when such trees constitute a hazard to life and/or property, including, but not limited to, utility lines, or harbor insects or disease which constitutes a potential threat to other trees within the City. The City Forester shall notify, in writing, the owners of such trees. The Forester shall also have the authority to issue citations as necessary. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice. The Forester shall have the authority to enter upon private property at all reasonable times for the purpose of carrying out the provisions of this section.
(b) 
The Tree Advisory Committee shall also have the authority to adopt policies on methods that shall be followed to deal with any insect infestation and tree disease.
(9) 
Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(10) 
Interference with City Tree Advisory Committee. It shall be unlawful for any person to prevent, delay or interfere with the Tree Advisory Committee 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 section.
(11) 
Review by Council. The Council shall have the right to review the conduct, acts and decisions of the Tree Advisory Committee. Any person may appeal from any ruling or order of the Committee to the Council who may hear the matter and make final decisions.
(12) 
Oak wilt and Dutch elm disease control. The purpose of this section is for the protection of public and private property to control the spread of oak wilt fungus, a/k/a Ceratocystis fagacearum, and Dutch elm disease, a/k/a Ceratostomella ulmi.
[Added by Ord. No. 1231; amended by Ord. No. 1261]
(a) 
Prohibition of trimming, cutting, pruning or injuring oak trees from April 1 to October 1 of each year. No person shall trim, cut, prune or injure any oak or elm tree in the City between April 1 and October 1 of each year without obtaining a written permit from the Clerk-Treasurer, except a person may girdle and/or trench an infected tree to prevent the spread of the disease.
(b) 
Prohibition of transporting any infected wood or bark into or within the City. No person shall transport any wood or bark infected with fungus into or within the City limits from April 1 to October 1, except a person may transport infected wood to a site designated by the City for disposal upon a permit issued under this section for transportation of such wood, except this prohibition does not apply to anyone who transports such material through the City and who does not unload or leave such material in the City.
(c) 
Handling of infected wood or bark. Any infected tree that has been cut and the wood is to be used as fuel wood or to be salvaged for other purposes shall be debarked or completely enclosed with a plastic tarp or stored indoors in a closed building from April 1 to October 1.
(d) 
Permit procedure. Any person seeking a permit from the Clerk-Treasurer to trim, cut or prune any oak or elm tree in the City limits or transport infected wood or bark within the City between April 1 and October 1 of each year shall submit a written statement from the City Forester stating that the oak or elm tree proposed to be trimmed, cut or pruned is not infected with fungus or in the proximity of any trees which are infected with fungus which would promote the spread of the disease. The written statement shall be dated within 15 days of application to the Clerk-Treasurer.
(e) 
Permit issuance. Upon application for a permit with proper written statement of the City Forester, the Clerk-Treasurer may issue a permit to trim, cut or prune and/or transport within the City. The permit shall allow trimming, cutting or pruning within 20 days of issuance of the permit. Any person trimming, cutting or pruning oak or elm trees shall comply with all conditions of the permit as required in the statement of the Forester. The cost of said permit shall be as set by Council resolution and shall be required each time a person desires to trim, cut or prune said trees.
[Amended by Ord. No. 1262; 12-8-1999 by Ord. No. 1438]
Any person who shall violate the provisions of this chapter shall, upon conviction, be subject to a forfeiture of not less than $100 nor more than $500 for each offense; provided, however, that such person shall not be subject to such forfeiture if such nuisance is abated in accordance with the provisions for same as set out in this chapter.
[1]
Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.