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 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 extend from ground
level throughout its entire height.
FORESTER
The person designated by the Village Board as authorized
to carry out the provisions of this chapter.
MAJOR ALTERATION
Trimming a tree beyond necessary trimming to comply with
this chapter.
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
A.
Any tree or shrub or part thereof which, by reason of its condition
or location, interferes with the use of any public area; is injurious
to public improvements; endangers the life, health, safety or welfare
of persons or property; or 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
curb and lot line.
B.
Any tree or shrub or part thereof which is infected with any
fatal or deleterious tree or plant disease, including but not limited
to Dutch elm disease, or infested with injurious insects or pests,
including but not limited to the eastern tent caterpillar or other
defoliating larvae and the elm bark beetles Scolytus multistriatus
(Eichb.) or Hylurgopinus rufipes (Marsh.).
C.
Any living or standing elm 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.).
D.
Any dead elm tree or part thereof, including logs, branches,
stumps, firewood or other elm material, from which the bark has not
been removed and burned or sprayed with an effective elm bark beetle
destroying concentrate.
PUBLIC PROPERTY
Owned or controlled by the Village, 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.
SHRUB
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
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.
No person shall interfere with the Village Forester or his authorized
representative while he is engaged in carrying out any work or activities
authorized by this chapter.
Any person who receives a determination or order under this
chapter from the Village Forester and objects to all or any part thereof
shall have the right to appeal such determination or order, subject
to the provisions of 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 Clerk-Treasurer.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.