[HISTORY: Adopted by the City Council of the City of South
Milwaukee 5-6-2014 by Ord. No.
2084. Amendments noted where applicable.]
A.Â
It is the policy of City of South Milwaukee to:
(1)Â
Regulate and establish policy 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 reduce and guard against dangerous
conditions which may result in injury to persons using the streets,
alleys, sidewalks or other public areas; and
(2)Â
Promote and enhance the beauty and general welfare of the City; and
(3)Â
Prohibit the undesirable and unsafe planting, removal, treatment
and maintenance of trees and shrubs located on public areas; and
(4)Â
To prevent the spread of disease and to eliminate dangerous conditions
involving trees and shrubs on private property which may result in
injury to persons using public areas.
(5)Â
To prohibit noxious weeds and require lawn areas to be maintained,
at a height not to exceed six inches.
B.Â
Application. The provisions of this Chapter shall apply to trees,
shrubs, grass, weeds, or other plant material growing or hereafter
planted in or upon public areas and terrace areas and also applies
to all trees, shrubs, grass, weeds, or other plant materials growing
or to be planted in or upon any private premises which shall threaten
the life, health, safety or general welfare of the public or of any
public areas.
Whenever the following words or terms are used in this Chapter,
they shall be construed to have the following meanings:
The land between the curbing and sidewalk. Where there is
no sidewalk, the area four feet behind the curb shall be deemed the
terrace. Where there is no curb, the area four feet from the edge
of the pavement shall be deemed the terrace area.
Person or City employee designated by the City Council as
authorized to carry out provisions of this Chapter.
Any public or private tree with an infectious disease or
insect infestation, dead or dying trees or limbs, or a tree with a
split trunk, broken limbs, trunk decay or cavity that poses a threat
to safety of persons, or potential damage to private or public property
by nature of its condition, as determined by the City Forester.
Any area where grass is the predominant vegetation and does
not constitute a garden devoted to flower, vegetable or fruit plants,
bushes, or natural areas or rain gardens, as allowed under the Municipal
Code.
Canadian thistle, leafy spurge, creeping Jenny, and any other
such weeds as determined by the Weed Commissioner to be noxious.
The written permission of the City Forester.
Person, firm, association or corporation.
All trees and shrubs located on land not owned by the City
and also any tree or shrub within the public area that is not within
the terrace area, as defined herein, and has not been planted pursuant
to City planting plan or a development plan specifically approved
by the City.
Includes all public roads, parks, and other lands owned,
controlled or leased by the City.
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 of welfare
of persons or property.
Any tree with an infectious disease or insect problem; dead
or dying trees; a tree or limb(s) that obstruct street lights, traffic
signs, the free passage of pedestrians or vehicles; a tree that poses
a threat to safety.
All trees and shrubs located or to be planted in or upon
public areas, except private trees and shrubs as defined herein.
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
Any tree in the boulevard or terrace area, except private
trees and shrubs as defined herein.
The severe cutting back of limbs to stubs within the tree's
crown to such a degree so as to remove normal canopy and disfigure
the tree.
Any woody plant, normally having one stem or trunk bearing
its foliage or crown well above ground level to heights of 10 feet
or more.
A collection of trees in and around the City, including park
and street trees on public property and on private property.
A.Â
The City Engineer or his designated representative is hereby appointed as the Forester hereunder and under Ch. 27, Wis. Stats., and is authorized to perform the duties and exercise the powers imposed by this Chapter.
B.Â
The City Forester or his/her designee shall direct, regulate and
control the planting, care, and removal of all public trees and shrubs
within the City and shall cause the provisions of this ordinance to
be enforced. In enforcing this ordinance the City Forester shall exercise
his/her discretion and operate with due regard for existing hazards
while being conscious of funds appropriated by the Common Council
for the care of public property and the cost of enforcement to private
citizens.
C.Â
The City Forester or his/her designee, shall have the authority to
enter upon private premises for the purpose of examining any tree
for disease, insect, nuisance or hazard, located upon or over such
premises and carrying out any of the provisions of this ordinance.
In all non-emergency circumstances, the Forester or his designee shall
first obtain the consent of the property owner and if consent is refused
or unobtainable the Forester shall obtain a special inspection warrant
before entering private lands to inspect or do any work authorized
under this chapter.
D.Â
No person shall interfere with the City Forester or his authorized
representative while they are engaged in carrying out any work or
activities authorized by this Chapter.
A.Â
Inspection.
(1)Â
City Forester shall cause a periodic inspection of street trees to
determine trees that are dead, dying, or will potentially die due
to disease and cause any known dead, dying, diseased or otherwise
hazardous tree to be removed.
(2)Â
Property owner adjacent to any public area shall report any street
tree known to be dead, dying or diseased to City Forester.
(3)Â
It shall be the City Forester's sole discretion as to whether
a street tree is removed due to potential hazards, potential disease,
or other public nuisance, or hazardous condition.
B.Â
Street tree removal and disposal.
(1)Â
If a street tree has died for whatever reason, the City shall remove
and dispose of tree.
(2)Â
City will cause stumps of street trees to be removed on a regular
basis.
(3)Â
The owner of property adjacent to a street tree may only remove a
street tree at their own expense and after fist obtaining a permit
issued by the City Forester. Removal and disposal shall be subject
to the terms of the permit and the terms of this ordinance.
C.Â
Street tree planting.
(2)Â
Planting of certain trees prohibited. No person shall hereafter plant
any tree listed on the "Prohibited Tree List" upon any public area,
boulevard or terrace within the City. The "Prohibited Tree List" shall
be developed and updated by the City Forester on a periodic basis.
(3)Â
Permitted trees. The City Forester shall maintain, and periodically
update, a list of street trees permitted in boulevards or terraces,
and may require certain species of trees based on a development or
neighborhood planting plan. The City Forester shall plant or permit
only species desirable for planting in boulevards according to their
mature height, the width of the boulevard, or other conditions such
as overhead wires. The City Forester shall maintain criteria for minimum
trunk diameter and height for all newly planted public trees.
(4)Â
Unless otherwise approved by permit, trees shall not be planted in
any boulevard or terrace closer than:
(a)Â
Twenty feet to a utility or street lighting pole;
(b)Â
Fifteen feet to a driveway or alley;
(c)Â
Six feet to a fire hydrant, water stop box or gas shut off.
If possible, allow more distance than six feet;
(d)Â
Twenty-five feet to another tree;
(e)Â
Twenty-five feet to the intersection of two streets from either
corner measured on the property line.
(5)Â
Prior to planting or replanting any street tree, property owners
shall obtain a permit from the City Forester/Engineering Department.
Upon issuance of the permit, the property owner shall comply with
the terms of the permit and all City regulations for species, size,
and location.
(6)Â
If any tree or shrub is planted contrary to City regulations, the
City Forester shall cause a written notice to be sent to the owner,
agent or occupant of the premises abutting the public right-of-way
ordering removal or relocation of said tree. If the owner, agent or
occupant fails to comply with the direction of the City Engineer within
30 days of receipt thereof, the City Engineer shall cause the removal
or relocation, at his discretion, to insure conformance with the provisions
of this ordinance.
D.Â
Street tree trimming and pruning.
(1)Â
City shall cause a periodic inspection of street trees to determine
public trees that require pruning to remove dead or dying limbs, or
removal of limbs for clearance of vehicles or pedestrians, or pruning
as determined necessary by the City Forester for shaping of public
trees.
(2)Â
Costs of trimming or pruning activity of public trees performed by
the City (or its Contractor) shall be the responsibility of the City.
(3)Â
Lowest branches projecting over a public sidewalk shall not be less
than eight feet, and lowest branches projecting or overhanging a public
alley or street shall not be less than 14 feet. The City Forester
or designee may waive the provisions of this section for newly planted
trees or if the integrity or health of the tree is adversely affected.
(4)Â
City shall not be required to trim or prune public trees overhanging
property.
(5)Â
After first obtaining a permit from the Forester, the owner of property
adjacent to a street tree may prune or trim a public tree at their
own cost subject to the terms of the permit issued by the City Forester.
(7)Â
Periodic inspection, trimming, and pruning of any street trees by
the City shall not relieve the adjacent property owner from the responsibility
to regularly inspect, maintain, trim, and prune street trees and to
remove unsafe conditions that may cause damage to public or private
property.
E.Â
Prohibited acts.
(1)Â
It shall be unlawful for any person to plant, prune, or remove any
tree (or portion thereof), shrub, or other plant, upon any public
property without a permit.
(2)Â
It shall be unlawful for any person to "top" any tree on public property.
(3)Â
Trees on public property shall be protected from damage by any means
unless otherwise authorized by a permit issued by the City Forester.
Tree crowns and trunks shall not suffer any branch or bark loss. Roots
shall be protected from compaction, storage of materials, and severing.
(4)Â
It shall be unlawful for any individual to place salt, brine, petroleum
products, herbicides, or any other substances in such amount as to
be toxic or injurious to the health, growth, or vitality of any public
tree.
(5)Â
No individual shall be allowed to drive nails, staples, screws, or
fasten any rope, wire, electric attachment, sign (including any bills,
advertisements, cards, or notices of any kind) or other devices to
a public tree or to any guard about such tree.
(6)Â
No individual shall deposit, place, store, or maintain upon any public
property any stone, brick, sand, concrete, or other materials which
may impede the free passage of water, air, or fertilizer to the roots
of any tree growing therein, except by written permit of the City
Forester.
(7)Â
All work performed must be performed in compliance of accepted arboricultural
standards.
A.Â
The owner of any tree or shrub overhanging any street, alley, sidewalk,
parkway, or other public place or right-of-way within the City shall
prune the tree or shrub before it interferes with the proper spread
of light along the street from a street light or interferes with visibility
of any traffic control device or sign or sight triangle at intersections
or interferes with the passage of pedestrians or vehicles in the public
right-of-way.
B.Â
If the City Forester ascertains that a tree or shrub growing on private
property suffers from a communicable disease or insect infestation
which threatens the health of the urban forest, the City Forester
may notify the owner of the property in writing, that the tree or
shrub must be treated or removed within 14 days of the notification.
(1)Â
If the owner of the property fails or refuses to take remedial action,
the City, or the agent of, shall have the authority to enter the property
and perform the remedial action without compensation to such owner
or any person who planted or caused to be planted such tree or vegetation.
(2)Â
The City shall charge the owner for the expense incurred.
C.Â
The City shall have the right to cause the removal of any public
nuisance or hazardous tree (or portion of tree) on private property
within the City. The City Forester will notify the owner of the property
in writing that the tree or shrub must be treated or removed within
14 days of the notification.
(1)Â
If the owner of the property fails or refuses to take remedial action,
the City, or the agent of, shall have the authority to enter the property
and perform the remedial action without compensation to such owner
or any person who planted or caused to be planted such tree.
(2)Â
The City shall charge the owner for the expense incurred.
D.Â
The City shall have the right to cause removal of any private tree
causing damage or potentially causing damage to public facilities,
including, but not limited to, curb, pavement, sidewalk, fire hydrants,
water valves, or gas shutoffs.
(1)Â
If the owner of the property fails or refuses to take remedial action,
the City, or the agent of, shall have the authority to enter the property
and perform the remedial action without compensation to such owner
or any person who planted or caused to be planted such tree.
(2)Â
The City shall charge the owner for the expense incurred.
E.Â
Trimming.
(1)Â
Any person growing a tree, plant or shrub on any private property
abutting public streets or public places shall:
(a)Â
Trim them so as not to be a hazard to persons using the streets
or to interfere with the proper lighting of the streets.
(b)Â
Treat or remove any tree, plant or shrub which the City Forester
determines is diseased, insect-ridden, or a hazard to persons using
the streets.
(c)Â
Remove and refrain from planting any tree, plant or shrub designated
by the Wisconsin Department of Agriculture Trade and Consumer Protection
and published in its regulations to be a host or carrier of a dangerous
plant disease or insect pest.
(2)Â
Lowest branches overhanging a public sidewalk shall be kept trimmed
so that they provide clearance of not less than eight feet. Lowest
branches projecting over or overhanging a public street or alley shall
be kept trimmed so that they provide clearance of not less than 14
feet. The City Forester may waive the provisions of this section for
newly planted trees if he/she determines that they do not interfere
with public travel, obstruct the light of any street light, or endanger
public safety.
(3)Â
The necessity of pruning may be determined by the City Forester.
Pruning or trimming costs associated with trees growing on private
property shall be the responsibility of the property owner.
The City Forester with approval of the Mayor, in the case of
emergencies, such as windstorms, ice storms, insect/disease outbreaks
or other disasters, may waive the requirements of this ordinance so
that they in no way shall hinder private or public work to restore
order in the City.
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 to order, subject
to the provisions of this Code of Ordinances and Ch. 68, Wis. Stats.,
to the City Council within seven days of receipt of the order, and
the City Council shall hear such appeal within 30 days of receipt
of written notice of the appeal. After such hearing, the City Council
may reverse, affirm or modify the order or determination appealed
from and the grounds for its decision shall be stated in writing.
The City Council shall, by letter, notify the party appealing the
order or determination of its decision within 10 days after the hearing
has been concluded. Any appeal may first be submitted to the Public
Works and Public Property Committee for review and recommendation.
The Council shall file its written decision with the City Clerk.
All expenses incurred by the City in enforcing remediation orders
issued pursuant to the terms of this ordinance, and in removing and
disposing of or relocating any trees or shrub planted without a required
permit in violation of this chapter or contrary to the terms of a
permit issued under this chapter shall be charged to the adjacent
property owner at the rates designated in the Administrative Fee Schedule
adopted by the Common Council. Any such charge which is not paid within
30 days shall become a special charge and may be collected as provided
in Wis. Stats., § 66.0627.
A.Â
Appointment. The Street Superintendent or his designee shall be the
appointed Weed Commissioner unless otherwise determined by the Common
Council.
B.Â
Weed Commissioner shall have all powers and duties authorized under
§ 66.0517, Wis. Stats.
C.Â
Weed Commissioner or designee shall cause any lawn areas exceeding
six inches in length to be cut and property owner shall be invoiced
for grass cutting on private property in accordance with the Administrative
Fee Schedule approved by the Common Council. In all non-emergency
circumstances, the Weed Commissioner or his designee shall first obtain
the consent of the property and if consent is refused or unobtainable
the Weed Commissioner shall obtain a special inspection warrant before
entering private lands to inspect or do any work authorized under
this chapter.