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 edge or
curbing and the street right-of-way. Where there is no curb and gutter,
the edge of the roadway (pavement or gravel) to the right-of-way line
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 from the curbing or edge of street to the
right-of-way line shall be deemed "boulevard areas" under this chapter.
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, playgrounds, recreation areas,
parkways, common open spaces, greenways, forests, conservancies and
other lands owned or leased by the City under the authority of the
Parks and Recreation Committee.
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 WAYS
Includes all public streets, roads, rights-of-way, boulevards,
terraces, alleys, sidewalks, cemeteries, and other lands owned or
leased by the City and under the authority of the Public Works Committee.
SHRUBS
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
STAFF FORESTER
Person designated to carry out provisions of this chapter.
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.
No person shall interfere with the staff forester or his authorized
representative while he or she is engaged in carrying out any work
or activities authorized by this chapter.
Any person who receives a determination or order under this
chapter from the staff forester or Parks and Recreation Committee
and objects to all or any part thereof shall have the right to appeal
such determination or order, subject to the provisions of Ch. 68,
Wis. Stats., 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 Clerk-Treasurer.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.