[Adopted as Title 12, Ch. 2, of the 1994 Code]
It is the policy of the City of Monona to regulate and establish policy, under the administration of the City Forester, for the control of planting, removal, maintenance and protection of trees and shrubs in or upon all public areas and terrace areas of the City 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 City; to prohibit the 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 City against the spread of disease, insects or pests. The Common Council hereby declares its intention to control and prevent the spread of disease and the insect pests and vectors which carry such diseases.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Whenever the following words or terms are used in this article, they shall be construed to have the following meanings:
BOULEVARD OR TERRACE AREAS
The land between the normal location of the street curbing and the 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 article. "Boulevard" shall have the same meaning as "terrace." Where there are no sidewalks, the area four feet from the curb shall be deemed "boulevard or terrace areas" under this article.
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 article.
PERSON
Person, firm, association or corporation.
PUBLIC AREAS
Includes all public parks, as defined in § 321-1, public rights-of-way and other lands owned, controlled or leased by the City, except the terrace areas.[1]
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 injurious to public improvements; or endangers the life, health, safety 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.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Appointment. The City Forester shall be appointed by the Common Council upon the recommendation of the Public Works Committee.
B. 
Powers and duties. The City Forester, subject to the direction of the Public Works Committee, shall have the following general powers and duties:
(1) 
To direct, manage, supervise and control the City's urban forestry program, including the planting, removal, trimming, maintenance and protection of all trees and shrubs in or upon all terrace and public areas of the City.
(2) 
To enforce such rules, regulations, permit and penalty procedures as deemed necessary and may do so by the issuance of administrative orders and/or municipal citations to effectuate the intent of this article.
(3) 
To inspect any trees, shrubs, vines, hedges, plants, logs or branches existing or growing upon any property within the City and to conduct surveys to determine if any destructive or communicable disease or pest exists which may be detrimental to or endanger the good health and well-being of trees or other plant life in public areas. To inspect all premises and places within the City to determine whether any public nuisance exists thereon. The City Forester or his or 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 article. 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.
(4) 
To restrict or regulate tree maintenance activities within the City limits to reduce the spread of infectious diseases and insects.
(5) 
To provide information to the public concerning the urban forestry program and tree and shrub care.
(6) 
To implement and direct a City Urban Forestry Management Plan.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The City Forester shall have the right to declare as a public nuisance any tree or shrub or part thereof, including firewood, existing anywhere in the City, which is:
(1) 
Interfering with the use of any public area;
(2) 
Infected with a disease;
(3) 
Infested with insects; or
(4) 
Endangering the life, health or safety of other trees/shrubs, persons or property.
B. 
The City Forester shall maintain and make available to the public a list of nuisance trees and shrubs as established by the Public Works Committee.
C. 
Abatement of public nuisances.
(1) 
Public areas. All trees, shrubs or parts thereof on public property shall be subject to treatment and/or removal when it is determined by the City Forester or his/her designee that the trees or shrubs constitute an immediate or future health or safety hazard or when they have become unsightly, infested, diseased or dead. The City Forester or his/her designee shall have the discretion to determine the most appropriate course of action to prevent or treat such conditions.
(2) 
Private premises. No person shall permit any nuisance tree or shrub as determined under this article to remain on any premises owned or controlled by such person within the City. Upon determination by the City Forester that any nuisance tree or shrub exists on any private premises, he/she shall order the owner or tenant having charge of such premises to treat, remove or otherwise control such tree or shrub in such manner as will abate the nuisance. If the owner or tenant having charge of such premises fails to abate the nuisance the City Forester shall do so pursuant to the abatement procedure under § 312-7 of the Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Responsibility. The City Forester shall recommend to the Public Works Committee a program for tree planting, care and protection of trees and shrubs on public areas and terraces within the City and to the Park and Recreation Board for public parks.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Tree sizes. The Public Works Committee, upon the recommendation of the City Forester, shall maintain lists of tree species desirable for planting in boulevards according to their normal mature height:[2]
(1) 
Large trees: over 40 feet;
(2) 
Medium trees: 25 feet to 40 feet; and
(3) 
Small trees: 15 feet to 25 feet.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Planting size.
(1) 
All large or medium trees, when planted, shall be at least eight feet high and have a minimum trunk diameter of 1 1/2 inches at a point six inches above the ground.
(2) 
All small trees, when planted, shall be least five feet high and have five or more branches.
D. 
Location.
(1) 
There shall be a distance of 40 to 50 feet between terrace area trees, depending upon the size of tree and other factors. Terrace trees shall be planted equal distance between the sidewalk or proposed sidewalk and back of the curb or proposed back of curb. In terrace areas less than three feet wide, planting will not be permitted. Terrace area trees shall be a minimum of 35 feet from an intersection.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Small-sized trees shall be planted at least five feet from driveways and large- or medium-sized trees shall be planted at least 15 feet from driveways. Trees shall also be planted at least 10 feet from curb box/water shutoffs.
(3) 
Evergreen trees or shrubs shall not be planted in a terrace area.
(4) 
It shall be unlawful to plant or maintain shrubbery, ground cover or other plants not considered to be a deciduous leaf tree within terrace areas whose growth is in excess of eight inches in height above the top of the nearest curb.
(5) 
Tree grates shall be provided for terrace trees surrounded by concrete by the adjacent property owner and shall be level with adjacent concrete.
E. 
Minimum opening to be maintained. Unless otherwise provided for in a written permit from the City Forester, there must be at least nine square feet of open ground about the base of each tree three inches in diameter one foot above the ground, and for each two inches of increase in such diameter, there must be an increase of at least one foot of open ground around each such tree.[4]
[4]
Editor's Note: Original subsection (f), Permitted species, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Certain species restricted. No person shall plant within the City of Monona any female tree of the species Populas deltoidea, commonly called the "cottonwood," or any tree commonly called the "seed-bearing box elder" or "Acer negundo," which may now or hereafter become infested with box elder bugs, and such trees are hereby declared a nuisance. Any person having any such trees on his/her premises shall cause the same to be removed.
G. 
Unlawfully planted trees. Trees, plants or shrubs planted within any terrace or planting easement without the authorization and approval of the City Forester may be removed. The City Forester shall notify the abutting owner in writing, listing the unlawfully planted trees, plants 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 City may remove such trees, plants or shrubs and charge the costs thereof to the owner.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
[1]Removal standards. In cutting down trees located in public and terrace areas, the tree must be removed with the root stump grubbed out or ground out to a depth of at least nine inches below grade measured in a straight line with the normal grade of sidewalk to top of curb. All wood and debris must be removed from the street prior to the end of each working day, and all holes shall be filled to normal grade level with topsoil as soon as practicable. The abutting property owner shall have a right of first refusal to keep the wood, provided such wood is not diseased.
[1]
Editor's Note: Original subsection (a), Dangerous, obstructive and infected trees, which immediately preceded this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Private removal. No person, firm, organization or corporation shall plant, injure, trim, remove or destroy any tree or shrub located in or upon any public place until a permit shall have been issued by the City Forester. Such permit shall be issued only when the removal, trimming or cutting of the tree or shrub is necessary, as determined by the City Forester, because of disease, damage, hazardous condition, and/or location, or its location is such that substantial detriment is done to the property upon which the tree or shrub stands or property abutting the same. Such permit shall expressly state the premises upon which the tree stands and the location of the tree thereon.
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 City Forester 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 or 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 City Forester, 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 City Forester.[1]
[1]
Editor's Note: Original subsections (c), Interference with Forester, and (d), Refusal to abate nuisance, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person who receives a determination or order under this article 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 7, Administrative Review, of the Code of the City of Monona.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original section 12-2-10, Inspection of trees, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).