Nothing contained in this chapter shall be deemed to impose
any liability upon the Village, its officers or employees, nor to
relieve the owner of any private property from the duty to keep any
tree, shrub, or plant upon any road tree area abutting their property
or under their control in such condition as to prevent it from constituting
a hazard or an impediment to travel or vision upon any road, park,
boulevard, alley, or public place within the Village.
Whenever the following words or terms are used in this chapter,
they shall be construed to have the following meanings:
COMMITTEE
The Hobart Parks and Urban Forestry Committee as constituted pursuant to §
255-5 in this Code.
[Amended 1-6-2015 by Ord.
No. 01-2015; 4-8-2015 by Ord. No. 03-2015]
FORESTER
Person(s) or Village employee(s) designated by the Village
Board as authorized to carry out provisions of this chapter.
PARK TREES
Trees, shrubs, bushes, and all other woody vegetation in
public parks having individual names, and all areas owned by the Village,
or to which the public has free access as a park.
PERSON
Any person, firm, association or corporation.
PRIVATE TREES
Any trees located or to be planted in or upon private premises.
PUBLIC NUISANCE
Any tree or shrub or part thereof growing upon private or
public property which is interfering with the use of any public area;
does not have adequate clearance over roads (14 feet) and walks (eight
feet), is infected with a plant disease; or which is infested with
injurious insects or pests which threaten public or private property;
is dead; or which endangers the public health, safety and welfare.
PUBLIC TREES
Any trees located or to be planted in or upon any public
property.
PUBLIC UTILITY
Any public, private or cooperatively owned line, facility,
or system for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, oil products, water, waste or
stormwater, which directly or indirectly serves the public or any
part thereof within the corporate limits of the Village.
ROAD TREES
Road trees are herein defined as trees, shrubs, bushes, and
all other woody vegetation on land lying between property lines on
either side of all roads, avenues, or ways within the Village.
TREE TOPPING
Generally, the severe cutting back of limbs to stubs larger
than three inches in diameter within the tree's crown to such
a degree as to remove the normal canopy and disfigure the tree. This
creates hazard trees.
VILLAGE
The Village of Hobart, Wisconsin.
VISION CORNER
As defined in Chapter
295, Zoning.
[Amended 1-6-2015 by Ord.
No. 01-2015]
[Amended 1-6-2015 by Ord.
No. 01-2015; 4-8-2015 by Ord. No. 03-2015]
There is hereby established a Parks and Urban Forestry Committee
for the Village of Hobart, which shall consist of five members, two
of whom may hold another public office, including elected, appointed,
and employees of the Village. Appointments shall be for three-year
terms; except that initial appointments shall be for one three-year
term, three two-year terms, and one one-year term.
A. Duties of the Village Forestry Committee.
(1) It shall be the responsibility of the Committee to study, investigate,
counsel, develop, update, and administer a written plan for the care,
preservation, pruning, planting, replanting, removal and disposition
of trees and shrubs in parks, along roads, and in other public places.
Such plan will be presented to the Village Board and upon their acceptance
and approval shall constitute the official Comprehensive Forestry
Plan for the Village of Hobart.
(2) The Committee, when requested by the Village Board, shall consider,
investigate, make finding, report, and recommend upon any special
matter or question coming with the scope of its work.
(3) The Parks and Urban Forestry Committee shall develop and maintain
a desirable tree species list for the planting along roads. Lists
of trees not suitable for planting will also be created by the Parks
and Urban Forestry Committee.
Any permit granted under authority of this chapter may be revoked
by the Village Forester for cause upon written demand and notice.
The revocation of any permit may be appealed to the Village Board
within 10 days of receipt of written notice of revocation.
No person, upon public property, shall:
A. Injure, destroy, damage, mutilate, deface or commit any act which
will prevent the growth or cause the death of any tree.
B. Secure, attach, fasten, nail or run through any rope, cable, wire,
sign or fixture to, around or through any tree.
C. Deposit, place or permit the deposit of any toxic or hazardous substance
on or about any tree.
D. Excavate or disturb the ground within the dripline of any tree without
a permit.
E. Perform any work within the dripline of any tree without taking measures
as directed by the Village Forester to protect the tree from injury
and damage, up to and including tunneling.
F. Remove any guard, stake or other protective device or close or obstruct
any open space about the base of a tree designed to permit access
of air, water or fertilizer.
G. Perform any other act contrary to this chapter.
This chapter shall be enforced by the Village Forester and designees
thereof. Any Village department which observes a violation of this
chapter shall bring said violations to the attention of the Village
Forester.
It shall be unlawful for any person to prevent, delay, or interfere
with the Village, or any of its agents, while engaging in and about
the planting, cultivating, mulching, pruning, or removing of any road
trees, park trees, or trees on private grounds, as authorized by this
chapter.
Any person aggrieved by the administration or interpretation
of any of the terms or provisions of this chapter may appeal to the
Village Board which, after a hearing with notice to the appellant,
may reverse, affirm or modify, in whole or in part, the order, requirement,
decision or determination of the Village Forester, and to that end
shall have all the powers of the Village Forester.
[Amended 1-6-2015 by Ord.
No. 01-2015]
Any person who by himself/herself or by his/her agent or employee, shall violate any of the provisions of this chapter, shall, upon conviction, be subject to the penalties provided in §
1-3. A separate offense shall be deemed to have been committed on every day on which a violation occurs or continues.
[Amended 4-8-2015 by Ord.
No. 03-2015]
Any fees concerning this chapter set by the Village of Hobart
Board shall be reviewed every two years by the Parks and Urban Forestry
Committee. The Parks and Urban Forestry Committee shall recommend
any changes in fees to the Village Board.