[HISTORY: Adopted by the City Council of the City of Fond du Lac as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-23-1993 by Ord. No. 2679 as §§ 12.20 and 12.35 of the 1993 Code]
No person shall do any tree cutting or trimming within the City for hire on property other than that which he owns or is an occupant, unless he has a permit issued by the Director of Public Works or his/her designee.
Application forms for annual permits required by this article shall be furnished by the Director of Public Works or his/her agent. No permit shall be deemed to authorize anything not stated in the application. The application shall be signed by both the owner or his authorized agent and the person who is to do the work.
Before a permit shall be issued, the party to whom issued shall file with the City Clerk a policy of insurance for a bond relieving the City from any liability as a result of operations in trimming or removing trees. The party to whom the permit is issued shall agree to remove all limbs and cuttings from the premises at his own expense. Failure to comply with the requirements of this section shall cause the person to be ineligible for future permits. The City will not pick up limbs and cuttings when accumulated by the operations of trimming or cutting.
Public utilities may obtain a permit for the trimming and cutting of trees and brush on an annual basis upon making application to the City Council. The permit shall require the approval of the City Council and be issued by the City Clerk and shall expire June 30 of each year. The conditions of the permit issued to utilities shall be that they remove any trimmings, cuttings, chips and debris that they may cause to be collected.
In addition to the suspension or revocation of any permit issued under this article, and except where otherwise specifically provided, any person found to be in violation of any provisions of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.
[Adopted 6-23-1993 by Ord. No. 2679 as §§ 12.27 and 12.35 of the 1993 Code]
A license is required for each stand, place, room or enclosure where Christmas trees are to be sold, but no license is required for the sale of small novelty or artificial trees at any indoor location where no fire hazard or cleanup problems exist in connection therewith as in the case of outdoor sales or of sales of larger Christmas trees. No license shall be issued for any premises in a building in which any dwelling unit is located or in an improperly zoned area, except that religious, charitable and other eleemosynary institutions may conduct Christmas tree sales on property owned and occupied by them irrespective of the zone in which such property is located.
Any person or any designated agent of the person who shall be responsible for the conduct of the business at any location desiring to engage in the business of selling Christmas trees shall make application, in writing, to the City Clerk. Such application shall describe the premises to be used for sale of trees, the ordinary use to which the premises has been devoted up to the time of making application and the type and character of any business conducted on the premises. The application shall show the name and address of the applicant, if an individual, or of all the partners if it is a partnership, or of the corporation or organization and its resident agent if a corporation or organization, for the two-year period immediately prior to making application.
All premises shall be inspected and approved by the Building Inspector before the license is granted by the City Clerk. Such inspection shall be made within 20 days of the date of application. Each person at the time of making application for a license shall pay the license fee and, in addition, shall post with the City Clerk the sum of $50 either in cash or certified check, which shall be returned to the applicant on or before January 10 of the year following if the Building Inspector shall have certified to the City Clerk that the licensee has fully complied with the provisions of this article relating to the cleaning up of the premises. The license shall automatically expire on January 1 following the date of issuance. The licensee shall have direct control over the premises or location where the trees are sold and over the sale of the trees and shall be responsible for the conduct of any person in his employ. No Christmas trees shall be placed on any licensed premises in any location within 15 feet of any gasoline pump or other dispensing equipment of liquid fuels. The license shall not be assignable, and the holder of the license shall not permit it to be used by any other person.
Any license issued pursuant to this article may be revoked by the Council. Such revocation shall be for cause, and the Building Inspector shall report to the Council any violation of this article or the laws of Wisconsin.
The Building Inspector shall, as soon as practicable after December 25 of each year, inspect all premises or locations licensed under this article and certify to the City Clerk the names of those licensees who have fully complied with this article and are entitled to the return of their deposit. If the licensee fails to clean the premises, the Building Inspector is authorized to enter upon the premises and remove or destroy or cause to be removed or destroyed such Christmas trees or parts thereof which remain, and the cost of the removal shall be deducted from the deposit with the City Clerk.
The provisions of this article do not apply to the wholesale sale of Christmas trees to dealers in the City.
In addition to the suspension or revocation of any license issued under this article, and except where otherwise specifically provided, any person found to be in violation of any provisions of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.