[HISTORY: Adopted by the Village Board of the Village of
Rothschild as indicated in article histories. Amendments noted where
applicable.]
[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:
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.
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.
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.
The stem diameter measured at a point 4.5 feet above the
ground.
The person designated by the Village Board as authorized
to carry out the provisions of this article.
Trimming a tree where its natural form is compromised.
Person, firm, association, or corporation, limited liability
corporation (LLC), or limited liability partnership (LLP).
Includes all public parks, rights-of-way and other lands
owned, controlled or leased by the Village.
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.
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.
The practice of cutting back large-diameter branches of a
mature tree to stubs, regardless of branch juncture.
Any sign or device used to direct or aid in the flow of traffic
on any right-of-way or public area.
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 (pruning) by an arborist shall be accomplished according
to current technical specifications of the International Society of
Arboriculture.
The sum of all trees within corporate limits subjected to
alterations in the soil and other stresses resulting from activities
of urban life.
[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.
No person shall interfere with the Village Forester and/or his/her
authorized representative while he or she is engaged in carrying out
any work or activities authorized by this article.
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.
(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:
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.
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.
All such licenses shall expire at 12:00 midnight on December
31 following their date of issuance.
Any person, firm or corporation who or which shall violate any
provision of this article shall forfeit not more than $100.
