[HISTORY: Adopted by the City Council of the City of Amery 10-7-2015 by Ord. No. 1-2015 (Title 6, Ch. 4, of the 2004 Code). Amendments noted where applicable.]
A.
Intent and purpose. It is the policy of the City of Amery 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.
Power to regulate trees and shrubs.
(1)
It is hereby established that the City Parks and Recreation Committee
will serve as the City Tree Board. Members of the Board will serve
without additional compensation. It shall be the responsibility of
the City Tree Board to create the Annual City Tree Plan in coordination
with the Public Works Director and to plan the annual City Arbor Day
ceremony.
(2)
The City Council has empowered the Public Works Director to plant,
transplant, remove, trim, treat and otherwise care for and protect
all trees, shrubs and plants on all public lands not specifically
delegated to other City boards, all to ensure public safety and to
preserve and enhance the beauty of such public lands.
(3)
Public land under the jurisdiction of the Public Works Director includes
but is not limited to all lands within the lines of all public streets
and alleys in the City, more specifically the terrace strip between
the lot line and curb or improved portion of any public street or
alley.
(4)
The City Council is empowered to require landowners to remove, trim
or treat specified trees, shrubs or plants under certain conditions
and to prohibit the planting of certain trees or tree species, shrubs
or plants on private lands within the City of Amery.
C.
Application. 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.
Whenever the following words or terms are used in this chapter,
they shall be construed to have the following meanings:
The land between the normal location of the street curbing
and 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 chapter. "Boulevard" shall have the same meaning as "terrace."
Where there are no sidewalks, the area four feet from the curb shall
be deemed boulevard areas under this chapter.
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.
Trimming a tree beyond necessary trimming to comply with
this chapter.
Person, firm, association or corporation.
Includes all public parks and other lands owned, controlled
or leased by the City except the terrace areas.
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 which endangers the life, health, safety
or welfare of persons or property.
All trees and shrubs located or to be planted in or upon
public areas.
The City Council shall designate a Public Works Director,
or assign such duties to a City employee.
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
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.
The Public Works Director or his/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 chapter. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall interfere with or prevent any acts of the Public
Works Director or his/her authorized representatives while they are
engaged in the performance of duties imposed by this chapter or carrying
out any work or activities authorized by this chapter. No person shall
refuse to permit the Public Works Director or his/her representative
to enter upon his/her premises at reasonable times to exercise the
duties imposed by this chapter.
A.
Nuisances to public or private trees. Whereas the City Council has
determined that there are many trees growing on public and private
premises within the City, the loss of which would substantially depreciate
the value of public and private property, impair the use and enjoyment
of public and private premises and erode the tax base of the City,
and that the health and life of such trees is threatened by fatal
diseases and insects such as Dutch elm disease, oak wilt and emerald
ash borer, the City Council hereby declares its intention to control
and prevent the spread of such disease and the insect pests.
B.
PERSON
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
PUBLIC PROPERTY
Definitions. As used in this section, unless otherwise clearly indicated
by the context, the following terms shall have the meanings indicated:
Person, firm or corporation.
Dutch elm disease and associated insects that vector the disease.
Elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus
rufipes (Marsh.).
Any living or standing elm tree or part thereof infected with
the Dutch elm disease fungus or in a weakened condition which harbors
any of the elm bark beetles, Scolytus multistriatus (Eichb.) or Hylurgopinus
rufipes (Marsh.).
Any dead elm tree or part thereof, including logs, branches,
stumps, firewood or other elm material from which the bark has not
been removed and burned or sprayed with an effective elm bark beetle-destroying
concentrate.
Emerald ash borer (EAB). (Agrilus planipennis.)
Any dying or dead ash tree (Fraxinus).
Oak wilt (Ceratocystis fagacearum) and associated insects that
vector the disease.
Any other deleterious or fatal tree disease.
Any tree or part thereof which by reason of its condition and
location is hazardous or dangerous to persons and property using or
upon any public street, sidewalk, alley, park or other public place,
including the terrace strip between curb and lot line.
Owned or controlled by the City, including, without limitation
because of enumeration, public sites, parks, playgrounds, streets,
alleys, sidewalks, boulevards, and the terrace strip between the lot
line and the curb or improved portion of any public way.
C.
Inspection.
(1)
The Public Works Director shall inspect or cause to be inspected
all premises and places within the City to determine whether any public
nuisance exists thereon. The Public Works Director shall also inspect
or cause the inspection of any elm, ash or oak tree reported or suspected
to be infested with Dutch elm disease, emerald ash borer or oak wilt.
(2)
Whenever necessary to determine the existence of Dutch elm disease,
elm bark beetles, or emerald ash borers in any tree, the person inspecting
such tree shall remove or cut specimens from the tree in such manner
as to avoid fatal injury thereto and deliver such specimens to the
Public Works Director who shall forward them to the Wisconsin Department
of Agriculture, Trade and Consumer Protection at Madison for analysis
to determine the presence of such nuisances.
D.
Abatement of nuisances.
(1)
The Public Works Director shall order, direct, supervise and control
the abatement of public nuisances as defined in this section by spraying,
removal, burning or by other means which he/she determines to be necessary
to prevent as fully as possible the spread of Dutch elm disease, oak
wilt fungus, the emerald ash borer, or other deleterious tree diseases
or the insect pests or vectors known to carry such diseases.
(2)
Whenever the Public Works Director after inspection or examination
shall determine that a public nuisance as herein defined exists on
public property in the City, he/she shall immediately abate or cause
the abatement of such nuisance in such manner as to destroy or prevent
as fully as possible the spread of Dutch elm disease, oak wilt, emerald
ash borer, other deleterious tree diseases, or the insect pests or
vectors known to kill trees.
(3)
Notice and hearing.
(a)
When the Public Works Director shall determine with reasonable
certainty that a public nuisance exists upon private premises, he/she
shall immediately serve or cause to be served personally or by registered
mail upon the owner of such property, if he/she can be found, or upon
the occupant thereof, a written notice of the existence of such nuisance
and of a time and place for a hearing before the Public Works Director,
not less than 10 days after service of such notice, on the abatement
action to be taken. Such notice shall describe the nuisance and recommend
procedures for its abatement, and shall further state that unless
the owner shall abate the nuisance in the manner specified in the
notice, or shall appear at the hearing to show that such nuisance
does not exist or does not endanger the health of trees in the City,
the Public Works Director shall cause the abatement thereof at the
expense of the property served. If the owner cannot be found, such
notice shall be given by publication in a newspaper of general circulation
in the City.
(b)
If, after hearing held pursuant to this subsection, it shall
be determined by the Public Works Director that a public nuisance
exists, he/she shall forthwith order the immediate abatement thereof.
Unless the property owner abates the nuisance as directed within five
days after such hearing, the Public Works Director shall proceed to
abate the nuisance and cause the cost thereof to be assessed against
the property in accordance with the procedures provided in this section.
The Public Works Director may extend the time allowed the property
owner for abatement work but not to exceed 10 additional days.
A.
Responsibility. The size and genus, species and variety of trees
and shrubs to be planted in terraces, tree banks and boulevards and
the manner of planting shall be determined by the Public Works Director.
All planting maintenance and trimming of trees in terraces shall be
the responsibility of the Public Works Department in all public areas.
B.
Planting size.
(1)
All trees, when planted, shall be least five feet high and have five
or more branches.
(2)
The tree shall be planted in a well-prepared hole with the root collar
level or one inch above the soil line. All trees less than 12 feet
high shall be staked. All trees 12 feet or more in height shall be
supported by guy wires in such a way as not to injure the bark. The
support shall be removed after a year.
(3)
The tree shall be kept well-watered and mulched to an area covering
the entire root ball area or beyond, to conserve moisture and as a
protection from lawn mower damage.
(4)
All trees planted under utility lines will be of species that do
not reach a mature height of 25 feet.
C.
Location.
(1)
There shall be a distance of 40 feet 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 five feet wide, planting will not be permitted. Terrace
area trees shall be a minimum of 30 feet from an intersection.
(2)
All trees shall be planted a minimum 15 feet from driveways.
(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.
(7)
New street trees shall not be planted over an existing tree stump
within two years of removal unless the stump is removed to a depth
of four feet.
D.
Certain species restricted. No Chinese elm, white poplar, Lombardy
poplar, Norwegian maples, true ash, willows, birch, cherries, box
elder, populous, mountain ash, any fruit or nut tree, or any tree
which, in the opinion of the Public Works Director, constitutes a
nuisance in any way shall be planted in or upon public street, parkway,
boulevard, terrace or other public place within the City. The Public
Works Director shall cause the removal of any tree planted in violation
of this subsection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Landscaping. In new subdivisions or when the development of commercial
property occurs, the Public Works Director shall review landscaping
plans and may require street trees to be planted in any of the streets,
parking lots, parks and other public places abutting lands henceforth
developed and/or subdivided.
F.
Unlawfully planted trees. Trees, plants or shrubs planted within
any terrace or planting easement without the authorization and approval
of the Public Works Director may be removed. The Public Works Director
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 to be accomplished within the time
specified, the City may remove such trees, plants or shrubs and assess
the costs thereof to the owner.
A.
Trees and shrubs standing in or upon any terrace, public area or
upon any private premises adjacent to any public right-of-way or public
areas shall be kept trimmed so that the lowest branches projecting
over the public street or alley provide a clearance of not less than
14 feet. The Public Works Director 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 streetlight
or endanger public safety.
B.
The necessity of the pruning may be determined by the Public Works
Director. Trimming activity, and the cost thereof, shall be the responsibility
of the City.
C.
Clearance from sidewalk to lower branches shall not be less than
10 feet. All trees standing upon private property in the City, the
branches of which extend over the line of the street, shall be trimmed
so that no branch shall grow or hang over the line of the sidewalk
lower than 10 feet above the level of the sidewalk. No tree shall
be permitted to grow in such a manner as to obstruct the proper diffusion
of light from any public lamp.
D.
There shall be no pruning of oak trees from April 1 to August 1 due
to the susceptibility of trees to oak wilt infection by beetles.
A.
Notwithstanding any other provision of this chapter, no person shall
maintain, plant or permit to remain on any private 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.
B.
It is unlawful for any person to plant, cause to grow, allow to grow
or maintain any trees, bushes, shrubbery or vegetation of any kind
which is an obstruction to the clear and complete vision of any traffic
sign or driveway approach to a street in the City. It shall be the
duty of every owner of such tree, bush, shrubbery or vegetation to
remove such obstruction.
C.
Any shrub, tree or other plant which obstructs the view at an intersection
or the view of a traffic sign shall be deemed to be dangerous to public
travel and the Public Works Director may order, by written notice,
the owner or occupant of any private place or premises on which there
stands a tree or shrub which unreasonably interferes with or encroaches
upon the street or sidewalk to take such steps as are necessary to
remove such interference. If such owner or occupant fails, within
10 days of receipt of notice, to take such necessary steps, the Public
Works Director shall order City employees to remove the interference.
The cost of removing the interference shall be levied and collected
as a special charge upon the property upon which or in front of which
such tree or shrub stands.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Dangerous, obstructive and infected trees. Any tree or part thereof,
whether alive or dead, which the Public Works Director shall find
to be infected, hazardous or a nuisance so as to endanger the general
public or other trees, plants or shrubs growing within the City, or
to be injurious to sewers, sidewalks or other public improvements
whether growing upon public or private premises, shall be removed,
trimmed or treated by the owner of the property upon or adjacent to
which such tree or part thereof is located. The Public Works Director
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 within not less than 24 hours
nor more than 14 days as determined by the Public Works Director 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 Public Works Director shall cause
the tree to be removed, treated or trimmed and shall report the full
cost thereof to the City Administrator/Clerk-Treasurer, who shall
thereupon enter such cost as a special charge against the property.
B.
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 nine
inches below grade measured as a straight line, 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.
A.
Damage to public trees. No person shall, without the consent of the
owner in the case of a private 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)
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.
(8)
Top any street tree, park tree, or other tree on public property.
"Topping" is defined as the severe cutting back of limbs to stubs
within the tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree. Trees severely damaged by storms or
other causes or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this subsection at the determination the City Tree Board.
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
Public Works Director.[1]
Any person who receives a determination or order under this chapter from the Public Works Director and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter 5, Administrative Review, of this Code of Ordinances, 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. The Council shall file its written decision with the City Administrator/Clerk-Treasurer.
An annual inspection by competent personnel shall be made of
all trees within the terrace strip along every public way within the
City, and also those trees on private lands within falling distance
of any public way or public place.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who violates any provision of this chapter or who
fails to comply with any notice issued pursuant to a provision of
the chapter, upon being found guilty of violation, shall be subject,
where no other penalty is provided, to a fine not to exceed $500 for
each separate offense. Each day during which any violation of the
provisions of this chapter shall occur or continue shall be a separate
offense. If as the result of the violation of any provision of this
chapter, the injury, mutilation, or death of a tree, shrub, or other
plant located on City owned property is caused, the cost of repair
or replacement, or the appraised dollar value of such tree, shrub,
or other plant shall be borne by the party in violation. The value
of trees and shrubs shall be determined in accordance with the latest
revision of "A Guide to Professional Evaluation of Landscape Trees,
Specimen, Shrubs, and Evergreens," as published the International
Society for Arboriculture.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.
