[HISTORY: Adopted by the Village Board of the Village of Rothschild as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 407.
Property maintenance — See Ch. 437.
[Adopted 11-13-1967 as Sec. 8.16 of the 1967 Code; amended in its entirety 2-25-2002]
A. 
Intent and purpose. It is the policy of the Village to regulate the planting, removal, maintenance, and protection of trees and shrubs in or upon all public areas and boulevards of the Village; 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 Village; to prohibit 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 Village against the spread of disease, insects or pests.
B. 
Application. The provisions of this article shall apply to trees and shrubs growing or hereafter planted in or upon public areas and boulevards and to all trees and shrubs growing or to be planted in or upon any private premises which shall threaten the life, health, safety, and/or welfare of the public.
Whenever the following words or terms are used in this article, they shall be construed to have the following meanings:
ARBORIST
The professionally trained men and women who make a career of caring for the urban forest. Some are self-employed, some work for tree care companies and others work for municipalities.
BOULEVARD
The land between the normal location of the street curbing and sidewalk; also refers to the center or median of divided streets. Where there is no curb and gutter, the area from the edge of the blacktop to the edge of the right-of-way shall be deemed to be "boulevard" for the purpose of this article. These areas are Village owned and thus are controlled by the Village.
DEVELOPER
Any person or persons engaged in the act of the division of a lot, parcel, or tract of land, by the owner thereof, or the owner's agent, for the purpose of transfer of ownership or building development that creates five or more lots, parcels or building sites within a five-year period.
DIAMETER AT BREAST HEIGHT (DBH)
The stem diameter measured at a point 4.5 feet above the ground.
FORESTER
The person designated by the Village Board as authorized to carry out the provisions of this article.
MAJOR ALTERATION
Trimming a tree where its natural form is compromised.
PERSON
Person, firm, association, or corporation, limited liability corporation (LLC), or limited liability partnership (LLP).
PUBLIC AREA
Includes all public parks, rights-of-way and other lands owned, controlled or leased by the Village.
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 damaging to public improvements, or endangers the life, health, safety, and/or welfare of persons or property.
PUBLIC TREES AND SHRUBS
All trees and shrubs located or to be planted in or upon public areas.
SHRUBS
Any woody vegetation or a woody plant having multiple stems and bearing foliage from the ground up.
TOPPING
The practice of cutting back large-diameter branches of a mature tree to stubs, regardless of branch juncture.
TRAFFIC CONTROL SIGN
Any sign or device used to direct or aid in the flow of traffic on any right-of-way or public area.
TREE
Any woody plant normally having one stem or trunk bearing its foliage or crown well above ground level to a height of 12 feet or more.
TRIMMING
Trimming (pruning) by an arborist shall be accomplished according to current technical specifications of the International Society of Arboriculture.
URBAN FOREST
The sum of all trees within corporate limits subjected to alterations in the soil and other stresses resulting from activities of urban life.
VISION TRIANGLE
A triangle formed by the two intersecting rights-of-way and a third line connecting a full-view zone at corners of streets, driveways and alleys. (See Chapter 590, Zoning, § 590-85.)
[Amended 11-9-2015]
A. 
The Village Board may designate a municipal employee, contractor, or citizen to perform the duties of Village Forester and authorize such Village Forester to perform the duties and exercise the powers of the Board imposed by this article.
B. 
The Village Forester shall be properly trained and responsible to the Administrator of Public Works or designated representative. This person shall have, at minimum, certification(s) in urban forestry management and best practices as it relates to the needs of the Village in forestry. A certified arborist or certified arborist municipal specialist is required for the Village Forester.
The Village 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 to carry out the provisions of this article. If a request to inspect such tree(s) or shrub(s) is denied by the person responsible for the property, an inspection warrant may be obtained pursuant to state statutes.
A. 
Tree disease a public nuisance. The Village Board has determined there are many trees growing on public or private premises within the Village, the loss of which could depreciate the value of the urban forest and impair the use and enjoyment of public and private property, and that the health and life of such trees could be threatened by fatal diseases. The Village Board hereby declares its intention to control and prevent the spread of such diseases and the insect pests and vectors which carry such diseases to be public nuisances.
B. 
Inspection. The Village Forester may, under § 505-4 of this article, inspect or cause to be inspected all premises and places within the Village to determine whether any tree disease nuisance exists.
C. 
Abatement procedures. When the Village Forester determines with reasonable certainty that a tree disease 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 a written notice of the existence of such nuisance. Such notice shall describe the nuisance and procedures for its abatement. Such notice shall further state that unless the owner appears at the requested hearing to show such nuisance does not exist or does not endanger the health of trees in the Village, the Village Forester shall cause the abatement thereof at the expense of the property owner served. If the property owner cannot be found, such notice shall be given by publication in a newspaper of general circulation in the Village. If, after the requested hearing, it is determined by the Village Board that a tree disease nuisance exists, it shall order the immediate abatement of such nuisance. Unless the property owner abates the nuisance as directed within five days after such requested hearing, the Village Forester shall proceed to abate the nuisance and cause the cost to be charged against the property. The Village Forester may extend the time allowed the property owner for abatement work.
If the Village abates any public nuisance, as defined in this article, or subcontracts the nuisance abatement under this article which is located on privately owned property, the entire cost plus 5% will be charged to the property owner.
A. 
The Village Forester, or authorized representative, shall keep an accurate account of costs and forward the charges, including description of work, land description, and name and address of owner, to the Clerk/Treasurer for processing and billing.
B. 
The Clerk/Treasurer shall mail the billing to the property owner at the last known address, stating that unless paid within 30 days such charge will be entered on the tax roll as a special charge against the property.
C. 
The Village hereby declares that in making charges under this article it is acting under its police power and no damage shall be awarded to any property owner for the abatement of a public nuisance under this article.
A. 
No person shall plant, trim, or remove or do major alterations on a tree or shrub in the public right-of-way or any public area or cause such act to be done by others without a permit. This includes all persons engaged in the business of trimming or removing trees or shrubs.
B. 
Permit to public utilities.
(1) 
Under this article a permit may be issued to a public utility to remove, trim, prune, cut, disturb, alter or do surgery on any public tree or shrub. The desired all-around clearance on primary conductor lines (14,400 volts) is 10 feet. The Village Forester shall limit the work to be done to the actual necessities of the utility and may periodically review the work being done. The permittee shall adhere to the arboricultural specifications and standards of workmanship set forth in the permit.
(2) 
Every permit shall be issued by the Village Forester on a standard form, which includes a description of the work to be performed, and shall specify the genus, species, variety, size, nursery grade, and specific location. Any work under such permit must be performed in strict accordance with the provisions of this article. Permits issued under this article shall expire six months after date of issuance unless otherwise noted.
Trees, plants, and/or shrubs planted without a permit within any boulevard or planting easement after the date of this article may be removed. The Village Forester shall notify the abutting property owner in writing, listing the unlawfully planted trees, plants, and/or shrubs, ordering their removal, and establishing a reasonable time within which such removal shall be accomplished. In the event that removal is not accomplished within the time specified, the Village may remove such trees, plants, and/or shrubs and assess the entire costs thereof plus 5% to the abutting property owner.
A. 
Trimming (pruning) by professionals. All trees in public areas, including boulevards, shall be pruned according to current technical specifications of the International Society of Arboriculture and current safety specifications of the American National Standard for Tree Care Operations, ANSI Z133.1, and shall use methods approved by the Occupational Safety and Health Administration (OSHA). The Village of Rothschild recognizes the trimming specifications in the publication "Pruning Trees Near Electric Utility Lines" by Alex Shigo, former Chief Scientist and Pioneering Progress Leader, U.S. Forest Service, copyright 1990, or most recent, as the standards for trimming in the Village. Current publications and specifications are available from the office of the Village Forester.
B. 
Vertical clearance for streets, alleys and sidewalks. Trees, plants and/or shrubs growing in or upon any boulevard or public area or upon any private property adjacent to any public right-of-way or public area 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. Clearance from a public sidewalk to the lowest branches of trees, plants and/or shrubs shall be not less than 10 feet. No tree, plant and/or shrub shall be permitted to grow in such a manner as to obstruct the proper diffusion of light from any streetlight. The Village Forester shall determine the necessity of trimming. The Village Forester may waive the provisions of this subsection for newly planted trees and existing trees if it is determined that they do not interfere with public travel, obstruct the light of any streetlight or endanger public safety.
A. 
Vision triangle. Notwithstanding any other provision of this article, no person shall maintain, plant, or permit to remain on any private or public property situated at the intersection of two or more streets or alleys in the Village any tree, shrub, or other plant growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection. (See Chapter 590, Zoning, § 590-85.)
B. 
Responsibility. It is unlawful for any person to plant, cause to grow, allow to grow, or maintain any tree, shrub, or other plant growth 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 Village. It shall be the duty of every owner of such tree, shrub, or other plant growth to remove such obstruction.
C. 
Remedies. Any tree, shrub or other plant growth 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 Village Forester may order, by written notice, the owner or occupant of any private property to take such steps as are necessary to remove such obstruction. The assessment of costs of removing the obstruction, if performed by the Village, shall be as stated in § 505-7 of this article.
Any tree or part thereof, whether alive or dead, which the Village Forester shall find to be infected, hazardous, or a public nuisance, as defined in this article, so as to endanger the public or other trees, plants, or shrubs growing within the Village, or to be damaging to sewers, sidewalks, or other public improvements, whether growing upon public or private premises, shall be removed, trimmed, or treated by the owner of such tree. The Village Forester shall personally serve written notice to said property owner to remedy the situation. Such notice shall specifically state the period of time within which the action must be taken, which shall be within not less than 24 hours nor more than 14 days as determined by the Village Forester. If the property owner fails to remove, treat, or trim said tree within the specified time, the Village Forester shall cause the tree to be removed, treated, or trimmed, and the assessment of costs shall be as stated in § 505-7 of this article.
A. 
Damage to public trees. No person shall, without the consent of the property owner in the case of a private tree or shrub or without a permit from the Village Forester in the case of a boulevard tree, public tree or shrub, perform or cause to be performed by others any of the following acts:
(1) 
Remove, destroy or injure a tree on a public area other than in accordance with this article.
(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 around any tree or shrub or place concrete or other solid substance around the base of any tree or shrub.
(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 water and fertilizer.
(5) 
Attach any sign, poster, notice or other device to any tree or fasten any guy wire, cable, rope, nails, screws, or other device to any tree, except that the Village may tie temporary "No Parking" signs to trees when necessary.
(6) 
Topping of any tree, whether it is a street tree, park tree, or any other public tree.
B. 
Protection of oak trees.
(1) 
Intent and purpose. It has been determined the health of oak trees is threatened by a disease know as "oak wilt." The loss of oak trees growing on public and private property could substantially depreciate the value of property within the Village limits and impair the safety and general welfare of the public. In order to reduce the spread of oak wilt in the Village, no person shall:
(a) 
Disturb an oak tree, whether public or private, from April 1 to October 1 without an approved tree permit from the Village Forester. This shall include trimming of branches, tree removal or disturbance of roots through planting or excavation. If wounding or pruning is necessary in response to an emergency or other related work, a tree wound dressing shall be applied immediately to each wound. The cut surface of stumps from noninfected oak trees shall be immediately painted with a tree wound dressing.
(b) 
Remove from any property in the Village wood from a tree(s) known to be infected with oak wilt fungus, except to allow the disposal of the infected wood by burning, burying, chipping or debarking. Property owners must provide proof to the Village Forester of proper disposal of any infected wood removed from their property or be subject to penalties.
(c) 
Transport or allow to be transported any wood or bark known to be infected with oak wilt fungus through the Village from April 1 to October 1.
(d) 
Do any activity listed in Subsection B(1)(a), (b) or (c) above without having a copy of the approved tree permit in his/her possession at all times while doing the activity.
(2) 
Tree permit.
(a) 
The Village Forester or appointed official(s) is authorized to issue permits for cutting, pruning, trimming, transporting and/or disposing of oak trees infected, during the period of April 1 to October 1.
(b) 
The permit application shall include a written statement of a certified forester stating that the oak tree(s) proposed to be trimmed, cut or pruned is not infected with oak wilt fungus or in a proximity to any oak tree(s) which is infected with oak wilt fungus which would promote the spread of the disease.
(c) 
Permits for trimming or pruning of oak trees shall not be given except in emergency situations.
(d) 
The permit shall restrict trimming, cutting or pruning to be only within 20 days of issuance of the permit.
This zone consists of protecting tree roots two feet from the base of the tree for every inch in diameter, measured 4.5 feet off the ground.
A. 
All trees in any public area or boulevard near any excavation or construction shall be sufficiently guarded and protected with the installation of appropriate fencing. Such fencing shall be erected by, and be the responsibility of, the appropriate permittee. No activity, including placement and storage of any material and equipment, shall be permitted in the designated tree root protection zone.
B. 
If, during construction in public areas, activity occurs in the fenced tree root protection zone or the fence is not maintained, a minimum penalty of $1,000 per day shall be assessed. In addition, if the tree root protection zone is not maintained the contractor is responsible for any cost associated with any damage done to any tree(s) in the tree root protection zone.
C. 
Auguring and trenching. No trenching in any boulevard or public area shall take place within the tree root protective zone. In place of trenching, auguring will be approved.
D. 
Approval. The Village Forester must approve all activities under this section before work begins.
The Village Forester is hereby charged with the responsibility for the enforcement of this article and may serve notice to any person, partnership, firm or corporation or other legal entity that violates any provision of this article by the institution of legal proceedings as may be required. Violations of this article shall be turned over to the Police Department for investigation and forwarded to the Village Attorney or District Attorney for prosecution. A maximum penalty of $200 per diameter inch, measured 4.5 feet off the ground, shall be assessed all damaged or destroyed trees. In addition to the penalty, or any other penalty imposed for violation of this article, any person who shall cause physical damage to or destroy any public tree shall be liable for the cost of repairing and/or replacing such damaged or destroyed public tree. The parent or parents of an unemancipated minor child are responsible for all penalties levied against such child.
Any person who receives a determination or order under this article and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of state statutes, 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, 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 Village Board shall file its written decision with the Clerk/Treasurer.
[Adopted 11-13-1967 as Sec. 11.16 of the 1967 Code]
It shall be unlawful for any person, firm or corporation to sell, or have for sale, in his possession, in any one year more than 10 Christmas trees, to be sold at retail to the public within the Village of Rothschild, without having first obtained a license therefor according to the provisions of this article prior to December 15 of the calendar year during which such trees are to be sold.
Applicants for a license must file with the Village Clerk a sworn application therefor in writing in such form as shall be required by the Clerk, which application must give the following information:
A. 
The name, address and residence of the applicant.
B. 
The description or street address of the premises or place where he intends to display or keep such trees for sale.
C. 
The approximate number of trees he intends to offer for sale.
The fee for such license shall be set by the Village Board and shall be paid to the Clerk with the application for a license. If a license is denied, the Clerk shall retain 1/2 of such fee to reimburse the Village for the cost of investigation hereinafter provided for and refund the remainder to the applicant.
A. 
Upon receipt of each application, it shall be referred to the Chief of Police, who shall immediately institute such an investigation of the applicant's business and of the applicant as he deems necessary for the protection of the public good and shall endorse the application in the manner described in this section within 72 hours after it has been filed by the applicant with the Clerk. If, as a result of such an investigation, the applicant's character, business, or responsibility is found to be unsatisfactory, the Chief of Police shall refer the same to the License Committee of the Village Board, which shall endorse on such application its approval or disapproval and return said application to the Clerk, who shall notify the applicant that his application is approved or disapproved, as the case may be.
B. 
If, as a result of such investigation, the business, character, and responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval and return the application to the Village Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his license. His license shall contain the signature of the issuing officer and shall show the name, address, and place of business of the licensee, the class of license issued and the kind of business engaged in by the licensee, the amount of fee paid, the date of issuance, and the expiration date of the license. No license shall be used at any time by any person, firm or corporation other than the one to whom or to which it was issued. The Clerk shall keep a permanent record of all licenses issued.
Licensees are required to exhibit their certificate of license at the request of all police officers or of the President of the Village of Rothschild. Such license shall be prominently displayed at the place where such sale of trees is conducted. Each place of sale shall require a separate license.
It shall be the duty of the police of the Village of Rothschild to:
A. 
Require any person, firm or corporation seen to be engaged in the business of distributing trees, and who or which is not known by such officer as being duly licensed, to produce his or its license; and
B. 
Enforce the provisions of this article against any person found to be violating the same.
A. 
Licenses issued under the provisions of this article may be revoked by the Village Board of the Village of Rothschild after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation or incorrect statement contained in the application for license.
(2) 
Fraud, misrepresentation or incorrect statement made in carrying on of the business of such licensee.
(3) 
Any violation of this article.
(4) 
Conviction of any crime or misdemeanor.
(5) 
Conducting the business which the licensee is authorized to conduct by virtue of this article in such a manner as to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for revocation of the license shall be given by the Clerk in writing setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address as shown on the license records at least five days prior to the date set for hearing or shall be delivered by a police officer in the same manner as a summons in Circuit Court at least three days prior to the day set for hearing.
C. 
Any person aggrieved by the action of the Chief of Police or the Clerk or of the License Committee and the denial of a permit or license, or the action of the President, shall have the right to appeal to the Village Board of the Village of Rothschild. Such appeal shall be taken by filing with the Village Board, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as was provided by this section for notice of hearing on revocation.
All debris shall be cleared from the premises used within two days after December 25 of each year and at any other time when ordered by the President.