[HISTORY: Adopted by the Town Board of the
Town of Grand Chute 1-7-1997 as § 16.11 of the 1997 Code. Amendments noted
where applicable.]
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,
edge of the street 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 boulevard area under this chapter.
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.
Person designated by the Town Board as authorized to carry
out provisions of this chapter.
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 Town except the terrace areas.
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.
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.
[Amended 12-20-2011 by Ord. No. 2011-30]
Town of Grand Chute, Wisconsin.
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 12-20-2011 by Ord. No. 2011-30]
The Street Superintendent shall serve as Town
Forester and shall carry out the provisions of this chapter. The Town
Forester or his/her 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.
No person shall interfere with the Town Forester
or his/her authorized representative while he is engaged in carrying
out any work or activities authorized by this chapter.
A.
Trees and shrubs standing in or upon any boulevard
or 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. Such trimming may only be done by Town employees
or authorized persons under contract with the Town. The Town Forester
may waive the provisions 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 Town Forester.
C.
Clearance from sidewalk to lower branches shall not
be less than eight 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.
A.
Obstruction by trees, shrubs, fences, walls, signs
or other structures.
(1)
Prohibited obstructions within intersection vision triangle areas. No person shall maintain trees, shrubs or other vegetation, fences, walls, signs and other structures in the vision triangle area which obstruct the necessary view of the driver of a motor vehicle on a public street or private driveway or which interfere with the driver's control. The vision triangle area is defined as that part of a corner lot bordered by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 25 feet from their intersection or as required by § 475-21B(5)(d). In said vision triangle, fences, walls, signs or other structures shall not exceed 2 1/2 feet in height measured from the mean edge of pavement elevation within the limits of the vision triangle. In the vision triangle area, trees, shrubs and other vegetation shall be maintained to provide unobstructed vision from 2 1/2 feet above the mean edge of pavement elevation within the limits of the vision triangle to 10 feet above said edge of pavement elevation.
[Amended 3-5-2013 by Ord. No. 2013-07]
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(2)
Duties of the Street Superintendent. It shall be the
duty of the Street Superintendent or his representative to enforce
this section by appropriate order giving the offending party 30 days
to remove or correct the situation. Said order shall be served by
certified mail. Where the home is in joint tenancy, service on one
of the homeowners shall be presumed service on the other.
(3)
Appeals of orders of the Forester. All appeals of
orders issued by the Street Superintendent shall be made within 15
days of the service of the order and shall be addressed to the Town
Clerk and the matter heard by the Town Board.
B.
Other obstructions. 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 Town.
C.
Removal of obstruction. 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 Town
Forester may order, by written notice, the owner or occupant 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 Street Superintendent shall order the
Town 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.
A.
Damage to public trees. No person shall, without the
consent of the owner in the case of a private tree or shrub or without
written permit from the Town Forester in the case of a terrace area
tree, public tree or shrub, perform or cause to be performed 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)
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.
(5)
Attach any sign, poster, notice or other object on
any tree or fasten any guy wire, cable, rope, nails, screws or other
device to any tree, except that the Town may tie temporary "No Parking"
signs to trees when necessary in conjunction with street improvement
work, tree maintenance work or parades.
(6)
Cause or encourage any fire or burning near or around
any tree.
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 Town Forester.
C.
Refusal to abate nuisance. No person shall permit
any public nuisance to remain on any premises owned or controlled
by him when ordered by the Forester to abate such nuisance.
[Amended 12-20-2011 by Ord. No. 2011-30]
[Added 12-20-2011 by Ord. No. 2011-30]
A.
The Town Board declares contagious tree diseases and insect pests
to be public nuisances, for the loss of trees growing on public and
private premises within the Town will 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 Town.
[Amended 3-5-2013 by Ord. No. 2013-04]
B.
PERSON
PUBLIC NUISANCES
(1)
(2)
(3)
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.
[Amended 3-5-2013 by Ord. No. 2013-04]
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 or private place, including the terrace strip between
the curb and lot line.
Any tree infected with or fatally damaged by
any contagious tree disease.
Any tree infected with or fatally damaged by
insect pests.
Owned or controlled by the Town, including, without limitation
because of enumeration, public sites, parks, playgrounds, streets,
alleys, sidewalks, boulevards, and the terrace strip between the lot
line and the curb or improved portion of any public way.
C.
Inspections.
(1)
The Town Forester shall inspect or cause to be inspected
all premises and places within the Town to determine whether any public
nuisance exits thereon. He/she shall also inspect or cause the inspection
of any elm tree reported or suspected to be infested with Dutch elm
disease or any elm bark bearing materials reported or suspected to
be infested with elm bark beetles.
(2)
Whenever necessary to determine the existence of Dutch
elm disease or elm bark beetles 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 at Madison for analysis to determine
the presence of such nuisances.
(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 determines to be necessary
to prevent as fully as possible the spread of Dutch elm disease fungus,
other deleterious tree diseases or the insect pests or vectors know
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 Town, 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, other deleterious
tree diseases, or the insect pests or vectors know to carry such disease
fungus.
(3)
When the Forester shall determine with reasonable
certainty that a public nuisance exists upon private premises, he/she
shall immediately serve or cause to be served personally or by registered
mail upon the owner of such property, if he/she can be found, or upon
the occupant thereof a written notice of the existence of such nuisance
and of a time and place for a hearing, not less than 14 days after
service of such notice, on the abatement action to be taken. Such
notice shall describe the nuisance and recommend procedures for its
abatement and shall further state that unless the owner shall abate
the nuisance in the manner specified in the notice or shall appear
at the hearing to show that such nuisance does not exist or does not
endanger the health of trees in the Town, the Forester shall cause
the abatement thereof at the expense of the property served. If the
owner cannot be found, such notice shall be given by publication in
a newspaper of general circulation in the Town.
(4)
If, after hearing held pursuant to this subsection,
it shall be determined by the Town Board that a public nuisance exists,
it shall forthwith order the immediate abatement thereof. Unless the
property owner abates the nuisance as directed within five days after
such hearing, the Forester shall proceed to abate the nuisance and
cause the cost thereof to be assessed against the property in accordance
with the procedures provided in this section. The Forester may extend
the time allowed the property owner for abatement work but not to
exceed 10 additional days.
E.
Spraying.
(1)
When the 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, he may
cause all trees within a one-thousand-foot radius thereof to be sprayed
with an effective disease-destroying concentrate or other insecticide.
(2)
In order to facilitate the work and minimize the inconvenience
to the public of any spraying operations conducted under this subsection,
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 at least 24 hours in advance of spraying. When any residue
or concentrate from municipal spraying operations can be expected
to be deposited on any public street, the Forester shall also notify
the Chief of Police, who shall take all necessary steps to make and
enforce temporary parking and traffic regulations on such streets
as conditions require. Temporary "No Parking" notices shall be posted
in each block of any affected street at least 24 hours in advance
of spraying operations.
F.
Assessment of costs of abatement.
(1)
The entire cost of abating any public nuisance, spraying
trees or trimming trees located on public property shall be borne
by the Town.
(2)
The cost of abating a public nuisance or spraying
elm trees or elm wood located on private premises when done at the
direction and under the supervision of the Forester shall be assessed
to the property on which such nuisance, tree or wood is located.
G.
To prevent the spread of oak wilt, no person shall prune, cut, or
otherwise injure any oak tree on public or private property between
April 1 and August 1 in any year, except for instances where emergency
pruning is necessary to protect public health, safety, and welfare,
or pruning is authorized in advance by the Town Forester, provided
that any person pruning a tree during this time shall immediately
apply wound dressing to each cut as well as the cut surface of stumps
from living noninfected oaks.
[Added 3-5-2013 by Ord. No. 2013-04]
[Added 12-20-2011 by Ord. No. 2011-30]
A.
The Town provides three alternatives for the disposal
of brush from trees:
(1)
Property owners/residents may take brush to the Outagamie
County Landfill.
(2)
Property owners/residents may use public dropoff sites
as provided by the Town.
(3)
Town-provided residential tree brush chipping service. This service is intended to assist residents of single-family and two-family properties with the disposal of brush from trees when the resident has trimmed or pruned trees on his property. This service is not intended to provide tree brush removal service when a commercial service has been hired to trim, prune or remove trees or large amounts of tree brush created as described in Subsection C.
B.
Brush chipping will be provided to residents once
per month utilizing garbage pickup routes. Chipping will normally
start on Tuesdays and it will not be necessary for the resident to
call his location in. Brush shall be out by 7:00 a.m.
(1)
Tuesday garbage pickup route will have chipping services
provided starting the first Tuesday of the month.
(2)
Wednesday garbage pickup route will have chipping
services provided starting the second Tuesday of the month.
(3)
Thursday garbage pickup will have chipping services
provided starting the third Tuesday of the month.
(4)
Friday garbage pickup will have chipping services
provided starting the fourth Tuesday of the month.
C.
Rules and regulations.
(1)
Maximum amount of brush per stop is not to exceed
480 cubic feet, calculated on a loose brush pile four feet high by
10 feet long by 12 feet deep.
(2)
Brush is to be stacked neatly and loosely along the
shoulder or curb of the road. Cut ends are to face the road.
(3)
Brush shall be no larger than 12 inches in diameter
and not to exceed 75 pounds in weight.
(4)
Brush should be no shorter than three feet in length.
(5)
There shall be no root balls, stumps, or construction
material.
D.
Monthly chipping service is not available between
November 1 and March 31 of the following year, except for the Christmas
tree disposal program.
E.
During instances of severe weather or other similar
conditions, the Town Chairperson or designee has the authority to
suspend the normal operations and amend the operations as outlined
by this plan for the good and safety of the public.
F.
Brush piles in violation of the tree chipping policy
will be red tagged. Each red tag issued will include the nature of
the violation and employee number. Anybody in violation of this section
will be given one week from the date of violation to comply. Failure
to comply will result in the Department of Public Works removing the
brush on the next scheduled pickup day or sooner if the Street Superintendent
or his designee deems the violation a public nuisance. The property
owner in noncompliance will be charged a stop fee as well as an hourly
charge calculated to the quarter hour. Property owners that bring
the brush pile into compliance will not be charged. Any outstanding
charges not paid prior to October 31 of the year service was provided
shall be added to the property owner's real estate tax bill as a special
charge.
[Amended 12-20-2011 by Ord. No. 2011-30]
Any person who receives a determination or order
under this chapter from the Town Forester and objects to all or any
part thereof shall have the right to appeal such determination or
order to the Town Board within seven days of receipt of the order,
and the Town Board shall hear such appeal within 30 days of receipt
of written notice of the appeal. After such hearing, the Town Board
may reverse, affirm or modify the order of determination appealed
from and the grounds for its decision shall be stated in writing.
The Town Board shall, by letter, notify the party appealing the order
or determination of its decision with 10 days after the hearing has
been concluded. The Town Board shall file its written decision with
the Town Clerk.
Sections 27.09 and 86.03, Wis. Stats., are hereby
adopted and incorporated herein by reference.
[Added 12-20-2011 by Ord. No. 2011-30]
Any person who shall violate any provision of
this chapter shall, upon due conviction thereof, forfeit an amount
as prescribed in the Uniform Forfeiture and Bond Schedules for each
such offense, together with the costs of prosecution, and in default
of the payment of such forfeiture and costs shall be imprisoned in
the county jail until said forfeiture and costs of prosecution are
paid, but not to exceed 30 days.
