[Adopted by Ord. No. 1566 (Sec. 7.06 of the Codification)]
A. 
Intent and purpose. It is the policy of the Village of Whitefish Bay to regulate and control the planting, removal, maintenance and protection of trees and shrubs in or upon all public and parkway areas of the Village 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 Village; 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 Village against the spread of disease, insects and pests.
B. 
Application. The provisions of this section shall apply to trees and shrubs growing or hereafter planted in or upon public areas and parkway areas and also to all trees and shrubs growing or planted in or upon any private premises which shall threaten the life, health, safety or welfare of the public or of any public areas.
A. 
The Village Manager may designate a municipal employee or citizen to perform the duties of Forester and may authorize such Forester to perform such duties.
B. 
The Village Forester or his 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 consent at entry to properties which are not public buildings, or to portions of public buildings which are not open to the public for inspection purposes has been denied, the Village Forester shall obtain a special inspection warrant under § 66.0119, Wis. Stats.
This article provides full power and authority over all trees, plants and shrubs located within street right-of-way, parks and public places of the Village and to trees, plants and shrubs located on private property which shall threaten the life, health, safety or welfare of the public or of any public areas.
As used in this article, the following terms shall have the meanings indicated:
EVERGREEN TREE
Any woody plant normally having one stem or trunk and bearing foliage in the form of needles and crowns which extend from the ground level throughout its entire height.
FORESTER
A person designated by the Village Manager and authorized to carry out provisions of this article.
MAJOR ALTERATIONS
Pruning a tree beyond necessary pruning, the result of which is to stress or deform the structure of the tree.
MEDIAN
The nonpaved areas between two portions of a street, the two portions being utilized for traffic in opposite directions, said nonpaved area containing vegetation, trees or shrubs.
PARKWAY AREAS
The land between the normal location of the street curbing and sidewalk.
PERSON
Any person, firm, partnership, legal representative, association or corporation.
PUBLIC AREAS
Includes all public parks and other lands owned, controlled or leased by the Village.
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 Dutch Elm disease or injurious to public improvements; or endangers the life, health, safety or welfare of persons or property in the Village.
PUBLIC PROPERTY
Property owned or controlled by the Village, including without limitation because of enumeration, public sites, parks, playgrounds, streets, alleys, sidewalks, boulevards and parkway strip between the lot line and the curb or improved portion of any public way.
PUBLIC TREES AND SHRUBS
All trees and shrubs located or to be planted in or upon public areas.
SHRUBS
Any woody plant vegetation or 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.
[Amended by Ord. No. 1600]
A. 
Purpose. The Village Board hereby states its determination that the planting, care and protection of the trees within the Village is desirable for the purposes of beauty, shade, comfort, noise abatement and economic betterment and hereby encourages all persons to assist in a program of tree planting, care and protection.
B. 
Tree planting program. The Village Forester shall recommend to the Village Board a program for tree planting, care and protection of trees and shrubs on public areas within the Village.
C. 
Planting.
(1) 
Any person proposing to plant trees or shrubs in public areas shall first have the size and genus, species and variety of trees and shrubs, and the manner of planting submitted to the Village Forester for approval before commencement of such work, pursuant to § 7-15.
(2) 
There shall be a recommended distance of 30 feet to 50 feet between parkway area trees depending upon the size of the tree and other factors, as determined by the Village Forester. Parkway trees shall be planted equal distance between the sidewalk and back of the curb or proposed back of curb. In parkway areas less than three feet wide, planting will not be permitted. Parkway area trees shall be a minimum of 35 feet from an intersection.
(3) 
Evergreen trees shall not be planted in a parkway area, unless specifically authorized by the Village Forester.
D. 
Unlawfully planted trees.
(1) 
No trees, plants or shrubs shall be planted within any parkway or public area without the authorization and approval of the Village Forester.
(2) 
The 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 Village may remove such trees, plants or shrubs and assess the costs thereof to the owner.
(3) 
No person shall plant, set out or maintain shrubbery in violation of § 9-2D(4) of Chapter 9, Public Nuisances, of the Municipal Code of the Village of Whitefish Bay.
A. 
Trees and shrubs standing in or upon any parkway, public area or upon any private premises adjacent to any public right-of-way or public areas shall be kept pruned so that the lowest branches projecting over the public street or alley provide a clearance of not less than 14 feet. The Village Forester may waive the provision of this section for newly planted trees if he determines that they do not interfere with public travel, obstruct the light of any streetlight or endanger public safety.
B. 
The necessity of the pruning may be determined by the Village Forester.
C. 
Clearance from sidewalk to lower branches of any tree shall not be less than 10 feet. No tree shall be permitted to grow in such a manner as to obstruct the proper diffusion of light from any public lamp. All trees and shrubs shall be kept trimmed to prevent their branches from encroaching on any public sidewalk.
D. 
Pruning Specifications. Pruning of public trees shall be in accordance with the National Arborist Association definition of Class II Standard Pruning and the guidelines of the American National Standards Institute publication ANSI A300 - 1995.
A. 
No person shall cut down or in any manner destroy or injure any living shade tree upon any public street, highway or other public ground in said Village without a permit therefor from the Village Forester of said Village.
B. 
Hazardous, obstructive and infected trees. Any tree or part thereof, whether alive or dead, which the Village Forester shall find to be infected with Dutch Elm Disease or found to be hazardous so as to endanger the public or other trees growing within the Village, or to be injurious to sidewalks or other public improvements, shall be removed. The Village Forester shall give written notice to said owner to remedy the situation which shall be served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be no more than 30 days, as determined by the Village Forester on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim said tree within the time limit, the Village Forester shall cause the tree to be removed, treated, or trimmed and shall report the full cost thereof to the Village Clerk-Treasurer, who shall thereupon enter such costs upon the tax roll as a special charge against the property.
C. 
Dangerous trees. No tree which in the opinion of the Village Forester is likely to fall upon any sidewalk or street, or is likely to cause damage to any person or property, shall be permitted to remain standing in this Village. It is hereby made the duty of the Village Forester to give notice by mail to the owner or owners, or the agent of such owner or owners, of the land upon which any such tree stands. if such owner or agent can be found, to remove the same within 10 days from the date of such notice; if such owner or agent cannot be found, such notice shall be posted on such tree. After the expiration of said 10 days' notice, such tree shall be removed by the Village Forester and he shall make written demand by mail for the payment of the cost of such removal, within 10 days, on such owner or agent if he can be found. At the termination of said 10 days' notice or immediately upon the completion of such work, if such owner or agent cannot be found the Village Forester shall certify the cost of removing such tree, with the description of the real estate upon which the same stood, to the Village Clerk-Treasurer, and thereupon the Village Clerk-Treasurer shall enter the cost against said real estate in the next following tax roll of said Village.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
A. 
Damage to public trees. No person shall, without permits from the Village Forester, perform or cause to be performed by others any of the following acts upon public trees or shrubs.
(1) 
Secure, fasten or attach any rope, cable, wire, nails, screws, signs, posters, unprotected electrical installation or over device or material to, around or through any 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 or 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.
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 persona shall excavate any ditches, tunnels or trenches or install pavement, without consent from the Village Forester, which may impact adjoining trees except in an emergency or for authorized public improvements.
C. 
Interference with Forester. No person shall:
(1) 
Interfere with or prevent any acts of the Forester or his agents or employees while they are engaged in the performance of duties imposed by this section.
(2) 
Refuse to permit the Forester or his authorized representative to enter upon premises at reasonable times to exercise the duties imposed by this section.
A. 
Permit required. No person, except upon order of the Village Forester, shall plant or remove, or perform major alterations as determined by the Forester on a tree or shrub in any public or parkway area or cause such act to be done by others without first obtaining a written permit for such work from the Village Forester as herein provided.
B. 
Permit requirements and conditions. If the Village Forester determines that the proposed work or planting described in an application for a permit is necessary and in accord with the purposes of this section, taking into account the safety, health and welfare of the public, location of utilities, public sidewalks, driveways and streetlights, general character of the area in which the tree is located or proposed to be located, type of soil characteristics and physiological need of the genus, species and variety of tree, the Forester shall issue a permit to the applicant. Any work under such permit must be performed in strict accordance with the terms thereof and the provisions of this section. Permits issued under this section shall expire six months after date of issuance. There will be no charge for this permit.
C. 
Permit exemptions. No permit shall be required for Village employees to prune, remove, cultivate, fertilize or water trees and shrubs. No permit is required for citizens to water parkway trees.
[Amended by Ord. No. 1107]
A. 
Public nuisance. The Village Board declares the following to be a public nuisance:
(1) 
Any living or dead standing elm tree or part thereof infested with an elm tree disease.
B. 
Inspection of trees. The Village Forester shall periodically cause to be made an inspection of all elm trees, firewood, logs, twigs and branches within the Village on private or public property and make a report to the Village Board of all infected or diseased trees.
C. 
Infected or diseased trees or dead elm wood. Whenever the Village Forester shall find any diseased or infected elm tree, dead elm wood, dead branches or twigs:
(1) 
On public property, he shall remove and destroy such infected or diseased tree, dead elm wood, dead branches or twigs on elm trees.
(2) 
On private property, he shall immediately give to the owner or occupant of said premises 30 days' written notice to remove or destroy such diseased or infected elm trees, dead elm wood, dead twigs or branches of elm trees, and if such notice is not complied with within the thirty-day period, he may cause such diseased or infected elm tree, dead elm wood, dead twigs or branches of elm trees to be removed and destroyed. The costs of such removal and destruction of elm trees, dead elm wood, dead twigs or branches or elm trees on private property to be billed and collected from the owner of said property, and if said costs are not paid within 30 days after billing, then said costs shall be reported to the Village Clerk-Treasurer, who shall enter the amount against the respective real estate in the next and subsequent tax roll as special charges against said real estate, and the same shall be collected in all respects like other Village taxes. The Village Forester may, for valid reason, grant an extension beyond the thirty-day period.
D. 
Treatment of elm trees. A property owner with prior approval of the Village Forester as to method and chemical may, at the owner's expense, inoculate, inject or treat a parkway or public elm tree for the prevention of the elm disease.
E. 
Transporting infected trees, etc. No person shall keep, store, sell, offer for sale, give away, transfer or transport into or within the Village of Whitefish Bay, any elm tree, elm firewood, branch, stump, log or other elm material which is infected or diseased.
F. 
Pruning of elm trees on public property. Any Village resident may request from the Village Forester permission to prune any elm tree located on public property if such tree is adjacent to his property, and the Village Forester may authorize such tree pruning, provided:
(1) 
Said resident employs an arborist enrolled upon the Village Foresters list of qualified arborists; and
(2) 
Said resident pays the entire cost therefor.
G. 
Qualified list of arborists. The Village Forester is authorized to prepare and maintain a list of arborists, who must show sufficient qualification to trim and prune trees and file with the Village a certificate of insurance for adequate coverage of personal injury and property damage as determined by the Village Manager.