[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 4, Ch. 2, of the 1981 Code).[1] Amendments noted where applicable.]
[1]
Editor's Note: Original Ch. 4-2 was renumbered as Chapter
7-4 at time of adoption of Code (see Title 1, General Provisions,
Ch. 1-1, Art. III).
A.
Intent and purpose. It is the policy of the City to 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 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.
B.
The provisions of this chapter shall apply to trees and shrubs growing
or hereafter planted in or upon public areas and terrace areas and
also to all trees and shrubs growing or to be planted in or upon any
private premises which shall threaten the life, health, safety, or
welfare of the public or of any public areas.
Unless specifically defined below, the words or phrases used
in this chapter shall be so interpreted as to give them the meaning
they have at common law and to give this chapter its most reasonable
application:
- CITY
- The City of Two Rivers, Wisconsin.
- CLEAR SIGHT TRIANGLE
- A triangle formed by the curblines of two intersecting rights-of-way and a third line connecting a full-view zone at corners of streets, alleys and highways.
- FORESTRY PROGRAM
- A comprehensive annual plan including maintenance, inventory, new planting and budget, with projections for annual and long-range implementation.
- MAJOR ALTERATION
- Pruning a tree beyond necessary pruning to comply with this chapter.
- PERSON
- Person, firm, association or corporation.
- PUBLIC AREAS
- Includes all public parks and other lands owned, controlled or leased by the City except the terrace areas.
- PUBLIC NUISANCE
- 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 or welfare of persons or property.
- PUBLIC TREES AND SHRUBS
- All trees and shrubs located or to be planted in or upon public areas.
- TERRACE AREAS
- The land between the normal location of the street curbing and sidewalk.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
A.
Authority over public trees, shrubs and terrace trees. The City Forester
may plant, trim, spray, preserve, renew and remove public trees, shrubs
and terrace trees or cause such work to be done as may be necessary
to insure the safety, preserve the beauty of public areas, and to
protect public property, sewers and water mains from damage or injury.
B.
Authority over private trees and shrubs.
(1)
Notice to abate public nuisances. Whenever the City Forester finds
on examination that any tree or shrub or part thereof growing or located
upon private premises is a public nuisance, it must be sprayed, removed
or otherwise abated as directed in the notice within the time specified,
which shall not be less than 30 days unless the City Forester shall
determine that immediate action is necessary for public safety.
(2)
Abatement of nuisances. If the owner of such premises, or his agent,
shall refuse or neglect to comply with the notice within the time
specified, the City Forester shall cause the nuisance to be sprayed,
removed or otherwise abated and shall report the expense thereof to
the City Treasurer, who shall enter it as a charge against the property
upon which the tree or shrub is located.
The City Forester or his authorized representative may enter
upon private premises at all reasonable times upon reasonable notice
for the purpose of examining any tree or shrub located upon or over
such premises and carrying out any of the provisions of this chapter.
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.
Whenever the City Forester shall find with reasonable certainty on
examination or inspection that any public nuisance due to infectious
tree insect/disease nuisances exists within the City, he/she shall
cause it to be sprayed, removed or otherwise abated in such manner
as to destroy or prevent as fully as possible the spread of determined
infectious insects or disease or the insect pests or vectors known
to carry such disease.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
B.
Before abating any nuisance on private premises, the City Forester
shall proceed as follows:
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(1)
If the City Forester determines that danger to other trees from such
a nuisance is not imminent because of tree dormancy, he/she shall
make a written report of the findings to the Council who shall proceed
as provided in § 27.09(4), Wis. Stats.
(2)
If the City Forester determines that danger to other trees within
the City is imminent, he/she shall notify the owner or abutting owner
of the property on which such nuisance is found, in writing, if he/she
can be found, otherwise by publication in the official newspaper of
the City, that the nuisance must be abated as directed in the notice
within a specified time, which shall not be less than 30 days from
the date of mailing, delivering or publication of such notice, unless
the City Forester finds that immediate action is necessary to prevent
spread of infection. If the owner fails to comply with the notice
within the time limit, the City Forester shall cause the abatement
therefor.
C.
No damage shall be awarded to the owner for destruction of tree,
wood, material or any part thereof pursuant to this chapter.
A.
The entire cost of abating any public nuisance as defined herein
that is located on private premises shall be charged to and assessed
against the parcel or lot upon which such tree is located or the parcel
or lot upon which such tree stands in accordance with § 66.0627
or 27.09, Wis. Stats. The cost of abating any such nuisance or part
thereof which is located in or upon any park, public grounds, or terrace
areas shall be borne by the City.
B.
A special charge may be levied against property for the cutting down
and removing therefrom any tree infected with determined infectious
tree insect/disease. The special tax shall be paid in accordance with
§ 66.0627, Wis. Stats.[1]
[1]
Editor's Note: Original Sec. 4-2-8, City Terrace Area Master
Tree Plan, which immediately followed this section, was repealed and
subsequent sections renumbered at time of adoption of Code (see Title
1, General Provisions, Ch. 1-1, Art. III).
A.
Permit required. Tree planting within any terrace or public area
is permitted after obtaining a written planting permit from the City
Forester as herein provided. There is no cost for the permit. All
work performed under the authorization of the permit shall be at the
sole expense of the permit holder.
B.
Permit exemptions. No permit shall be required to cultivate, fertilize
or water trees or shrubs. No permit is necessary to plant trees inside
the property line.
C.
Permit requirements and conditions. If the City Forester determines
that the proposed tree planting described in the written permit ensures
proper tree size, species, shape, location and conditions, taking
into account the safety, health and welfare of the public, location
of utilities and availability of a tree planting space, a permit shall
be issued to the applicant.
D.
Permit form: expiration, inspection. Every tree planting permit shall
be issued on a standard City of Two Rivers tree planting form. Any
tree planting under such permit must be performed in strict accordance
with the terms thereof and the provisions of this chapter. Tree planting
permits shall expire six months after date of issuance.
A.
Planting.
(1)
The size and genus, species and variety of trees and shrubs to be
planted in public areas and terrace areas and as a part of the City-approved
forestry program and the manner of planting shall be submitted to
the City Forester for approval before commencement of such work.
(2)
No trees or shrubs shall be planted within 30 feet of any street
corner. There shall be a minimum distance of 30 feet and a recommended
distance of 50 feet between terrace area trees depending upon the
size of tree and other factors. Terrace trees shall be planted an
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. Large tree species planted
in terrace areas must be a minimum of seven feet in height and 1 1/4
inches in diameter. Smaller tree species must be a minimum of five
feet in height and one inch in diameter. All trees must be of nursery
grade and quality stock. Tree
diameters shall be measured at four feet six inches above ground height.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(3)
The City Forester shall determine the species of tree that will be
allowed to be planted at each location. This species will be determined
from the City of Two Rivers Street Tree Planting Guide. dated April
1999, and as amended from time to time contingent upon changing conditions.
(4)
No block shall have more than 35% of any single species unless more
than that amount presently exists. New plantings in this case shall
be of other than the existing species which is over 35%. Exceptions
to this, however, shall be in blocks where more than 75% of a species
exists. In this case, the same species as existing may be planted.
B.
Pruning.
(1)
Trees and shrubs standing in or upon any terrace area, 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
13 1/2 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
corner or endanger public safety.
(2)
The necessity of the pruning may be determined by the City Forester.
(3)
Clearance from sidewalk to lower branches shall not be less than
eight feet.
(4)
If the City Forester determines that pruning of trees or shrubs located
on private property is necessary, he/she shall send or deliver notice
to the owner(s) of the property on which the relevant trees or shrubs
are located, stating that the trees or shrubs should be pruned as
required to conform with this chapter, at the expense of the owner(s).
If the owner(s) fail to comply with that notice within 20 days of
mailing or delivery of the notice, the City may perform such pruning
and charge the costs associated with the pruning to the owner(s) as
a special charge, special assessment, or other appropriate fee.
Notwithstanding any other provisions of this chapter, no person
shall maintain, plant or permit to remain on any private or public
premises situated at the intersection of two or more streets or alleys
in the City any hedge, tree, shrub or other growth which may obstruct
the view of the operator of any motor vehicle or pedestrian approaching
such intersection. A clear sight triangle shall be maintained to a
minimum distance of 15 feet from the corner of two intersecting streets.
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,
do or cause to be done by others any of the following acts:
A.
Secure, fasten or run any rope, written sign, unprotected electrical
installation or other device or material to, around, or through a
tree or shrub.
B.
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.
C.
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.
D.
Excavate any ditch, tunnel or trench or lay any drive within a radius
of four feet from any tree or shrub, except those by public utilities
under authorization of an annual agreement and/or unless otherwise
noted on the Department of Public Works Engineering Department permit
of excavation to public utilities.
E.
Erect, alter, repair, raze, or excavate without placing suitable
guards as approved by the Department of Public Works around all public
trees or shrubs which may be injured by such operations.
F.
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.
G.
When a permit is obtained from the Public Works Department to move
over-height and over-width structures or objects, the City Forester
will assist in advising the carrier regarding trees and shrubs on
routes. Any damage done to trees and shrubs in the process of such
a move shall be the liability of the carrier.
H.
To top any public tree. "Topping" is defined as a severe cutback
of leaders and main scaffold branches to stubs within the tree so
as to remove the normal canopy and disfigure the tree. Trees damaged
by storms when property pruning practices are impractical may be exempted
from this chapter at the determination of the Tree Board.
I.
To prune oak trees or American elm on private or public property
from April 15 to September 15, except by written permission from the
City Forester.
No citizen shall remove or cause to be removed any tree or shrub
from any public area or terrace.
No person shall transport into the City any infectious tree
insect/disease bark-bearing wood or brush without securing a written
permit from the City Forester.
The entire cost of tree removal, planting, maintenance, pruning,
and protection of trees on all terrace areas shall be borne by the
City except in circumstances of prearranged City-sponsored planting
campaigns or tree planting permit holders and the conditions herein
provided in § 7-4-8.
A.
License required. No person for compensation shall plant, prune,
trim, spray, or remove any tree or shrub in the City without first
obtaining a license from the City.
B.
Application for license; fee.
(1)
Any person desiring to obtain such commercial license shall make
application in the office of the City Treasurer.
(2)
All applications shall be accompanied with a receipt from the City
Treasurer showing the payment of the appropriate license fee as provided
in Chapter 1-2, Fees, of this Code. All such applications shall be
referred to the City Council.
C.
Qualifications of applicants.
(1)
Each applicant shall have been trained in the care and culture of
trees and shrubs, shall have had sufficient practical experience in
such vocation, and each person applying shall be at least 18 years
of age.
(2)
Each applicant shall agree to comply with the following conditions:
(a)
That he shall obey all ordinances and rules and regulations
relative to the purpose for which a permit is granted.
(b)
That he shall obtain the necessary permission from the Department
of Public Works where it becomes necessary to erect barriers to prevent
accidents or dangers in consequence of the granting of the permit.
(c)
That he agrees to hold the City harmless in case of any accident
or on account of any liability arising from the granting of this permit.
D.
Insurance requirements. Every applicant for a license under this
section shall, before obtaining the license or any renewal of a license,
be required to maintain at all times in a stock or mutual casualty
company authorized to do business in the State of Wisconsin, workmen's
compensation insurance, if required by law, and public liability insurance
coverage of not less than $25,000. Before a license can be issued,
the applicant shall file with the City Treasurer a certificate signed
by a qualified agent of the stock or mutual casualty insurance company
stating that a policy has been issued to the licensee for employee's
liability insurance or workmen's compensation insurance, the
minimum limits of each, the policy number or numbers, the name of
the company, the effective date of such policies, and the expiration
date of such policies, together with a statement and a copy of an
endorsement placed on such policy or policies, requiring 10 days'
written notice to the City Treasurer if it becomes necessary to cancel
the policy or policies for any reason.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
E.
Renewal. Licenses shall be valid for one year from the date of issuance
and may be annually renewed upon payment of the fees as established
in Chapter 1-2, Fees, for a landscaping license and for a tree removal
license. All such renewal applications shall be referred to the City
Council.
Any person who receives a determination or order from the City
Forester and objects to all or any part thereof may appeal to the
City Manager within seven days of receipt of the order, and the City
Manager shall hear such appeal within 30 days of receipt of written
notice of the appeal. After such hearing, the City Manager may reverse,
affirm or modify the order or determination appealed from, and the
grounds for the decision shall be stated in writing. The City Manager
shall by letter notify the party appealing the order or determination
of the decision within 10 days after the hearing has been concluded
and file the written decision with the City Treasurer.
The planting of cottonwood trees is prohibited anywhere within
the City of Two Rivers. Cottonwood trees three inches in diameter
or less are hereby declared to be a public nuisance.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.
