Whenever the following words or terms are used in this chapter,
they shall be construed to have the following meanings:
BOULEVARD OR TERRACE AREAS
The land between the normal location of the street curbing
and sidewalk. Where there is no curb and gutter, 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 no sidewalks, the area four feet from the curb shall
be deemed boulevard areas under this chapter.
CITY FORESTER
The Common Council shall designate a City Forester, or assign
such duties to a City employee. In the absence of such appointment
being made, the Director of Public Works shall be the City Forester.
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.
MAJOR ALTERATION
Trimming a tree beyond necessary trimming to comply with
this chapter.
PERSON
Person, firm, association or corporation.
PUBLIC AREAS
Includes all public parks and other lands owned, controlled
or leased by the City except the terrace areas.
PUBLIC NUISANCE
Any tree or shrub or part thereof which, by reason of its
condition, interferes with the use of any public area; infected with
a plant disease; infested with injurious insects or pests; injurious
to public improvements or endangers the life, health, safety or welfare
of persons or property.
SHRUBS
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.
TREE BOARD
An advisory board consisting of the City Forester and six
citizen members.
[Added 3-14-2006 by Ord. No. 2006-04]
The City 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. If a request to inspect
such trees or shrubs is denied by the person responsible for the property,
an inspection warrant may be obtained pursuant to § 66.0119,
Wis. Stats.
No person shall interfere with the Common Council or its authorized
representative while they are engaged in carrying out any work or
activities authorized by this chapter.
[Amended 3-14-2006 by Ord. No. 2006-04]
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 permits
from the Tree Board 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 of 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 City 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.
(7) Except with a written permit from the Tree Board to place or maintain
upon the ground any stone, brick, cement or other impervious substance
in such manner as may obstruct the free access of air or water to
the roots of any tree, shrub or plant in or upon any public way or
public place.
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
Tree Board.
C. Interference with Forester. No person shall:
(1) Interfere with or prevent any acts of the City Forester or his/her
agents while it is engaged in the performance of duties imposed by
this section.
(2) Refuse to permit the City Forester or his/her representative to enter
upon his/her premises at reasonable times to exercise the duties imposed
by this section.
D. Refusal to abate nuisance. No person shall permit any public nuisance
to remain on any premises owned or controlled by him/her when ordered
by the Tree Board to abate such nuisance.
Any person who receives a determination or order under this chapter from the City Forester and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter
5, Administrative Review, of the Code of the City of Princeton, to the Common Council within seven days of receipt of the order and the Common Council shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the Common Council may reverse, affirm or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The Common Council shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Council shall file its written decision with the City Administrator/Clerk-Treasurer.
Competent personnel authorized by the City shall periodically
inspect trees within the terrace strip along every public way within
the City, and also those trees on private lands within falling distance
of any public way or public place.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.