(1)
Purpose. The purpose of this chapter is to regulate the use of the
facilities and property under the jurisdiction of the Village Park,
Forestry, Trails, and Recreation Committee. The term "park" as used
in this chapter shall include all Village parks, Village boat ramps,
and such other facilities and property that is presently or may hereafter
be placed under the advisory jurisdiction of the Village Park, Forestry,
Trails, and Recreation Committee or Harbor Commission as expressly
addressed in Wis. Stats. § 30.38.
(2)
General Restrictions. No person or group using a park shall perform
or permit others under their custody or control to perform any of
the following acts:
(a)
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove, any trees, plants, or other natural features, buildings,
bridges, tables, benches, fireplaces, railings, signs, monuments,
stakes, posts or other markers, other structures, equipment, facilities,
improvements, or park property, or parts or appurtenances thereof
whatsoever, either real or personal.
(b)
Throw, discharge, or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream, river, bay, or other body
of water or on the ice thereof in or adjacent to any park, any substance,
matter, or thing, liquid, or solid which will or may result in the
pollution or alteration of the environment of said waters.
(c)
Engage in violent, abusive, indecent, profane, boisterous, unreasonably
loud, or otherwise disorderly conduct under circumstances in which
such conduct tends to cause or provoke a disturbance or would be offensive
or disruptive to other users of the parks.
(d)
Endanger the safety of or damage the property of any person by any
conduct or act.
(e)
Violate any rule for the use of the park established by the Village
Park, Forestry, Trails, and Recreation Committee.
(f)
Prevent any person from using any park, or any of its facilities,
or interfere with such use which is in compliance with this section
and the rules applicable to such use.
(g)
No person shall pluck or cause injury to any flowers, plants, shrubs,
or trees growing in any park.
(h)
No person shall mistreat any bird or fowl or injure or remove any
nests.
(i)
No person shall injure, deface, destroy, steal, take, or carry away
any equipment used in or about the parks.
(3)
Hours of Operation.
(a)
All parks shall be closed to the general public from 10:00 p.m. to
8:00 a.m. and it shall be unlawful for any person or group to occupy
or be present in any park during hours in which the park is not open
to the public, except where a special permit or permission in writing
has been granted by the Park, Forestry, Trails, and Recreation Committee
or Public Works Director for a group to conduct an activity or use
specific facilities or buildings for an activity which extends beyond
the regular closing hours.
(b)
Any park or part thereof may be declared closed to the public by
the Park, Forestry, Trails, and Recreation Committee or Public Works
Director at any time and for any interval of time, either temporarily
or at regular or stated intervals. It shall be unlawful for any person
to enter or be present in any park or portion thereof, which has been
closed to the public.
(5)
Refuse.
(a)
No person or group shall bring in, dump or deposit, any bottles,
broken glass, paper, boxes, cans, dirt, rubbish, waste, garbage, or
refuse or other trash in any park or leave such materials therein
except in receptacles provided for this purpose.
(b)
Charcoal residue is to be left in the fireplace or grill or placed
in a charcoal disposal container when provided.
(c)
Where receptacles for rubbish are not provided, all waste shall be
carried away from the park by the person responsible for its presence.
(d)
Where receptacles for rubbish, waste, trash, or other refuse are
provided for persons using park facilities, no person shall leave,
deposit, or place any such refuse or household garbage not generated
by use of the park's facilities, in or near such park receptacles
or anywhere on the premises of any park. For purposes of this subsection
the term "household garbage" means those discarded materials resulting
from the handling, processing, storage, and consumption of food and
all other materials produced from community life which have not been
generated by the use of park facilities.
(6)
Firearms, Bows, Trapping.
(a)
It shall be unlawful for any person to have in his or her possession
or under his or her control any firearm, air-gun, slingshot, bows,
or spring-loaded device designed for shooting a projectile unless
the same is unloaded and enclosed in a carrying case, or any bow unless
the same is unstrung or enclosed in a carrying case, or have in his
or her possession a trap(s) which can be used for trapping animals.
No person shall take, catch, kill, trap, pursue, or otherwise disturb
any wild animals or birds in any park.
(b)
In those parks or portions thereof designated by official action
of the Park, Forestry, Trails, and Recreation Committee and properly
posted by the Public Works Director where tree stands are allowed,
the stands must be removed at the end of each day and no vegetation
shall be cut or cleared when erecting or removing such a stand. Tree
stands shall bear the name and address of the owner.
(c)
Nothing in this section shall prohibit the use of the aforementioned
weapons on designated target ranges in parks or other designated areas
therein. Further, nothing in this section shall prohibit deer hunting
during open seasons in such parks or portions thereof as may be designated
by the Park, Forestry, Trails, and Recreation Committee.
(7)
Pets. Dogs, cats, and other similar domestic pets and exotic animals
shall not be permitted in any park area in the Village. No pets shall
be allowed in buildings or picnic areas. Certified service animals
and police authorized animals are exempt from this section.
(8)
Horses. No person shall bring a horse into or ride a horse in any
park except that horseback riding shall be permitted in areas specially
designed for horses.
(9)
Motor Vehicles.
(a)
No person shall drive or park a motor vehicle, including snowmobiles
and ATVs, in any park, except on such roads or parking lots specially
designated for the use of motor vehicles.
(b)
No person shall operate a motor vehicle at a speed in excess of 15
miles per hour or in excess of any other posted speed limit while
in a park.
(c)
No person shall operate a motor vehicle in a reckless or imprudent
manner or in any manner which may tend to create a disturbance or
endanger the safety of persons using the parks or property therein.
(10)
Snowmobiles.
(a)
Snowmobiles shall not be operated in any park except on trails
specially marked, opened, and designated for snowmobile use.
(b)
Snowmobiles shall not be operated in excess of 20 miles per
hour except where other speed limits are posted.
(c)
On trails that have been marked and designated for one-way traffic
snowmobiles shall be operated only in the direction so designated.
(11)
Off-the-Road Vehicles. No person shall ride or operate, or permit
a child to operate, any bicycle, mini-bike, trail bike, all-terrain
vehicle or other vehicle except in areas specially designated for
their use.
(12)
Hunting and Fishing.
(a)
Except as herein provided, no hunting shall be permitted in
any park.
(b)
Fishing shall be permitted, except in such areas as are specially
posted as being closed to fishing.
(c)
No person shall discard any fish, animal, or part thereof on
any park property or in any receptacle located in any park.
(13)
Molesting Animals. No person shall molest, disturb, chase, or throw
objects at any animal or bird within any park.
(14)
Food and Beverages.
(a)
No person or group shall use any portion of the picnic areas
or the buildings or structures therein for the purpose of holding
picnics to the exclusion of other persons without a written permit.
(b)
Employees shall be authorized to regulate the activities in
such areas when necessary to prevent congestion and to secure the
maximum use and enjoyment by the public of such facilities.
(c)
Excessive use of alcoholic beverages shall be prohibited in
all parks, and any person or group who, in the opinion of authorized
park personnel or law enforcement officer, has become intoxicated
or has consumed alcoholic beverages to the extent that the person
or group interferes with the use of the park by others shall be required
to leave the park.
(15)
Group Activities. Groups and organizations shall obtain a permit
from the Clerk to use specific park facilities or buildings for a
particular event. The Clerk shall establish such rules and regulations
as it deems necessary for the issuance of such permits and may charge
a fee or require a deposit as set from time to time by resolution
of the Board to ensure the premises are left in good order.
(16)
Other Activities. No person or group shall engage in ball games or
other sport activities, except in such areas as are designed for those
purposes or in such areas where such activity will not interfere with
the use and enjoyment of the park by others.
(17)
Sales. No person or group shall vend, sell, or offer for sale any
food, beverage, or other commodity or article within any park to the
public without written authorization from the Park, Forestry, Trails,
and Recreation Committee or the Park Director.
(18)
Signs. No person or group shall paste, glue, tack, or otherwise post
any sign, placard, or advertisement, or distribute any handbills,
pamphlets or other materials, or solicit business of any nature in
any park without written authorization from the Park, Forestry, Trails,
and Recreation Committee or Park Director.
(19)
Camping. No camping shall be permitted in any park, except as specifically
approved by the Park, Forestry, Trails, and Recreation Committee for
special events. A fee as set from time to time by resolution of the
Board may be associated with the special event to be determined by
the needs of the event. The Park, Forestry, Trails, and Recreation
Committee shall adopt regulations for the camp ground, and any camper
who disobeys these regulations may be required to leave the park.
(20)
Metal Detectors. No person shall operate a metal detector in any
park without a written permit from the Park, Forestry, Trails and
Recreation Committee or Park Director.
(21)
Noise. No person shall make or assist in making any noise tending
to unreasonably disturb the peace and quiet of persons in the vicinity
thereof unless the making and continuing of the same cannot be prevented
and is necessary for the protection or preservation of property or
of the health, safety, life, or limb of some person.
(22)
Additional Rules and Regulations. The Park, Forestry, Trails, and
Recreation Committee is authorized to enforce the rules, regulations,
and policies of the Board as may be necessary for the management of
parks and the uses thereof. It shall also be the duty of the Park,
Forestry, Trails, and Recreation Committee to develop and recommend
additional rules, regulations, and policies to the Board as may be
necessary for the improved management of parks and the uses thereof.
(23)
Trespass.
(a)
The Park, Forestry, Trails, and Recreation Committee, Park Director,
or Police Department may eject a person from all Village parks for
a period of time if that person violates park rules, Village Code,
or state laws in a Village park. Appeals can be made to the Board
or its designee.
(b)
It shall be unlawful for a person to enter a Village park during
the period of ejection under Sub. (a) above.
(24)
Parental Violation. A parent, guardian, or other person having custody
of an un-emancipated minor child, who has been advised of the child's
ejection from the Village parks, may be cited if the child trespasses
in a Village park in violation of Sub. 23(b) above. Citations may
be issued under this subsection regardless of whether the child is
cited. "Custody" has the same meaning as in Wis. Stats. § 895.035(1)(a)
and (b).
(1)
BOARD
HARBOR
HARBOR COMMISSION
MOORING
MOORING ANCHOR
NUISANCE
PIER
POWER LOADING
SUAMICO RIVER HARBOR
UNSAFE LOADING PRACTICE
WATERCRAFT
WHARF
Definitions.
The Village Board of the Village of Suamico.
Suamico River Harbor.
The body appointed under the Village Charter Ordinance holding
all of the powers authorized to Park, Forestry, Trails, and Recreation
Committee pursuant to the Village Charter Ordinance.
A mooring anchor and mooring buoy together with attached
chains, cables, ropes, and pennants and related equipment, unless
the term is qualified or restricted.
Any anchor or weight which is designed to rest on the bed
or to be buried in the bed of navigable water, which is designed to
be attached by a chain, cable, rope, or other mechanism to a mooring
buoy and which is designed to be left in position permanently or on
a seasonal basis.
Any mooring, mooring anchor, or mooring buoy which is placed
or used in violation of this ordinance constitutes a public nuisance.
The Village shall remove unlawful moorings as provided under and pursuant
to Wis. Stats. § 66.0495.
A raised walkway over water supported by piles or floats.
The practice of putting on or taking off, from a trailer,
carriage, or device, a watercraft while under motor power, whether
by main, auxiliary, or trolling power devices.
That portion of the Suamico River from the Side Street railroad
trestle east to the end of the Federal Channel in the Bay of Green
Bay as determined by the U.S. Coastguard Buoy #1. The Inner Harbor
is defined as: that portion of the Suamico River from the Side Street
railroad trestle east to its confluence with the Bay of Green Bay
as defined by U.S. Coast Guard Buoy #1. The Outer Harbor is defined
as: that portion of the Suamico River in the Federal Channel from
its confluence with the Bay of Green Bay at U.S. Coastguard Buoy #1,
east to the end of the Federal Channel in the Bay of Green Bay as
determined by the U.S. Coastguard Buoy #1.
The practice of launching or loading a watercraft that is
done in such a manner as to either put participants or others, or
the property of participants or others, at risk of injury or damage,
and/or such loading procedure is done in such a way that the actions
tend to create a disturbance in a public place as is prohibited by
appropriate sections of the Suamico Municipal Code.
All motorized and non-motorized boats, personal watercraft,
hydroplanes, amphibious vehicles, jet skis, sailboats, hovercraft,
or any other craft or vehicle used upon the water.
Is defined as a fixed platform roughly parallel to and alongside
navigable water used for mooring and loading purposes.
(2)
Applicability. This section shall apply to the Suamico River Harbor
in its entirety and as authorized by Wis. Stats. § 30.772-30.773.
(3)
State Boating and Safety Laws Adopted. State boating and mooring
laws as found in Wis. Stats. § 30.50, through and including
§ 30.71 and Wis. Stats. § 30.772 are hereby adopted
by reference.
(1)
Policy.
(a)
Wis. Stats. § 30.772 (3) allows the governing body of a
municipality with jurisdiction over navigable waters to adopt local
regulations relative to the placement and use of moorings including
the distance between moorings, properly marked and established traffic
lanes, the safe distance of moored boats from any other moored boat
or structures including piers, rafts, docks, and wharves.
(b)
The Board finds that to ensure the freedom of river traffic and navigation
a width of 40 feet, an area equal in distance from both river banks
as defined by the bulkhead line shall remain free of obstructions,
both permanent and temporary. However, the width and alignment of
said forty-foot free zone may be modified as deemed appropriate by
the Harbor Commission.
(2)
Prohibition and Exceptions.
(a)
Boats, rafts, and barges affixed to structures abutting the free
zone may not extend beyond the end of said structure.
(b)
Boats, rafts, and barges affixed to the river bank may not extend
into the free zone.
(c)
The free zone may be used for fishing providing the navigation of
the river is not blocked.
(1)
Dragging Anchors. No person while operating a boat in the Harbor
limits shall permit the boat anchor to drag on the bottom of the Harbor.
(2)
Anchoring in Traffic Lanes. No person shall anchor any boat in the
forty-foot free zone of the Harbor so as to prevent, impede, or interfere
with the safe passage of any boat through the anchoring.
The intent of the Village in establishing an authorized mooring
area is to provide safe and healthful beneficial conditions for the
enjoyment of aquatic recreation consistent with public rights and
interest within the capabilities of the water resource.
(1)
Any person erecting, installing, maintaining, or exercising control
over a freestanding mooring within the Harbor shall obtain a mooring
permit in accordance with Wis. Stats. § 30.772-30.773.
(2)
Any person applying for a mooring permit shall also:
(a)
Demonstrate to the satisfaction of the Harbor Commission that a need
for the mooring exists by:
1.
Furnishing the Harbor Commission with proof of boat registration
for each mooring requested, or
2.
For persons owning boats not requiring registration, proof of boat
ownership for each mooring requested; or
3.
By showing that circumstances exist which require that a mooring
be available for intermittent or temporary use; and
4.
By verifying that no other viable and safe alternative exists for
securing the boat in question; and
5.
Show to the satisfaction of Park, Forestry, Trails, and Recreation
Committee that the petitioner has legal access over land to such mooring;
and
6.
Show to the satisfaction of Park, Forestry, Trails, and Recreation
Committee that such mooring will not be sold or leased.
(b)
Furnish any additional information required by the Harbor Commission
to determine that a proposed mooring meets the requirements of this
section.
(c)
Duration. No mooring shall be placed prior to the third Saturday
in April. Moorings must be removed by November 15 of each year, and
all moorings not so removed, and any other illegal moorings at any
time, will be removed in accordance with Wis. Stats. § 30.13(5m).
(d)
It shall be illegal for a permittee, without approval of the Harbor
Commission, to move or cause to be moved a mooring that has been approved
in a particular location.
(e)
The Harbor Commission shall not deny a mooring permit to any person,
or place any limitations on the type of craft permitted at a mooring,
when reasonable need exists, there is no opposition from abutters,
and there is no evidence that the mooring will not unreasonably obstruct
navigation or interfere with the public rights and interests in the
navigable waters or with the rights of other riparian owners.
(3)
Prohibited Moorings. Mooring shall not be permitted:
In areas where the channel is near one shoreline where boatlifts,
piers, docks, or similar structures extend into the channel, the Suamico
Harbor Commission shall retain the ability and authority to establish
a pier head line(s) in the event that navigation is compromised due
to extended periods of low water or as deemed appropriate.
No person shall carelessly, willfully, or negligently operate a boat or permit a boat to be so operated so as to cause it to run into any bridge or bridge abutments, piers, signs, buoys, or docks of the Harbor and waterways of the Village. Any violator of this section, in addition to the penalty imposed for violation in Section 7.99, shall be liable for all resulting damages to such installations.
Insofar as he or she can do without serious danger to his or
her own boat or persons on board, the operator of a boat involved
in a boating accident shall stop his or her boat and shall render
to other persons affected thereby such assistance as may be practicable
and necessary to save them from or minimize any danger caused by the
accident. The boat operator shall give his name and address and identification
of his or her boat to any person injured and to the owner of any property
damaged in the accident.
No person shall throw or deposit any type of debris or waste
material into any portion of the Inner Harbor, Outer Harbor, marina,
or any other water of the state.
The engine of every motorboat propelled by an internal combustion
engine shall be equipped with a muffler which meets Wis. Stats. § 30.62(2).
(1)
It shall be unlawful for anyone to launch, load, or embark a watercraft
with either an unsafe loading practice or in using a power loading
method of loading or launching the watercraft at any launch site under
the jurisdiction of the Harbor Commission.
Watercraft shall be operated in a manner consistent with the
slow no wake and speed regulations as defined and regulated in the
most current edition of the Wisconsin State Boating Regulations. Slow
no wake means that speed at which a boat moves as slowly as possible
while still maintaining steerage control. Watercraft speed shall be
such that the wake created does not cause undue endangerment to other
watercraft nor shall the wake have an unnecessary negative impact
on the shoreline, piers, or moorings. Speed shall also be so controlled
as to avoid colliding with any object, person, or conveyance lawfully
in or on the water.
It shall be the responsibility of the Harbor Commission to maintain
a navigable channel free from debris and unauthorized traffic, mooring,
dockage, and anchorage. The Harbor Commission shall have the ability
to request and utilize assistance and expertise from any other Village
department or law enforcement body to aid in upholding the duties
described herein.
The Board and Harbor Commission hereby adopt NR 215, Wisconsin
Administrative Code 283.13(2)(b) and (c), and 283.21(1)(b) and (d)
as well as United States Code 33, 1251 - 1376 to protect the water
quality of the Suamico River, Lake Michigan, and Bay of Green Bay.
(1)
Fertilizers, pesticides, or any other chemical or substance designated
a pollutant by NR 215 shall be utilized within the parameters of current
best practices and current technology.
(2)
Chemical use by governmental bodies pursuing elimination of invasive
species shall be exempt from this section.
(1)
Establishment. The Village elects to exercise its authority under
Wis. Stats. § 30.11 (1) and establish a bulkhead line as
described;
(a)
A bulkhead line along the northerly shore of the Suamico River, said
bulkhead line being in the Village, Brown County, Wisconsin, more
particularly described as follows:
The bulkhead line is located in part of Sections 14, 22, 23,
and 24, Township 25 North, Range 20 East, Village, Brown County, Wisconsin
described as follows:
Commencing at an existing Brown County monument marking a meander
corner on the North line of Section 24, Township 25 North, Range 20
East, thence S 7Deg-21'-56" E 1,099.95 feet; thence S 68Deg-42'-56"
E193.13 feet to a 2" Iron Pipe; thence continuing S 68Deg-42'-56"
E. 31.00 feet to the point of beginning of said Bulkhead Line; thence
S 38Deg-57'-19" W 40.68 feet; thence N 74Deg-35'-40" W 172.45
feet; thence N 3Deg-55'-36" W 29.83 feet; thence N 73Deg-49'-00"
W 75.36 feet thence; N 56Deg-09'-30" W 64.56 feet; thence N 70Deg-57'-59"
W 311.42 feet; thence N 85Deg-08'-53" W 76.40 feet; thence S
82Deg-49'-50" W 234.90 feet; thence S 88Deg-04'-58" W 183.99
feet to a chiseled cross in a limestone rock marking a break point
in the Bulkhead Line; thence N 83Deg-42'-30" W 58.54 feet to
a chiseled cross in a limestone rock marking the resumption of the
Bulkhead Line; thence S 57Deg-17'-37" W 239.90 feet; thence S
40Deg-55'-04" W 237.16 feet; thence S 64Deg-30'-03" W 151.03
feet; thence N 85Deg-32'-45" W 85.82 feet; thence N 75Deg-11'-41"
W 31.83 feet to a 1" Iron Pipe marking a break point in the Bulkhead
Line; thence N 77Deg-27'-28" W 2,020.17 feet to a 1" Iron Pipe
marking the resumption of the Bulkhead Line; thence N 75Deg-25'-16"
W 165.21 feet; thence N 65Deg-36'-50" W 99.21 feet; thence N
55Deg-53'-59" W 253.96 feet; thence N 47Deg-18'-52" W 262.98
feet; thence N 47Deg-33'-37" W 96.58 feet; thence N 48Deg-47'-08"
W 145.60 feet; thence N 54Deg-33'-46" W 83.16 feet; thence N
56Deg-31'-46" W 110.77 feet; thence N 72Deg-28'-08" W 35.63
feet; thence N 57Deg-29'-07" W 192.39 feet; thence N 70Deg-55'-46"
W 110.94 feet; thence S 88Deg-31'-32" W 102.63 feet; thence S
68Deg-36'-11" W 141.63 feet; thence S 52Deg-50'-55" W 166.82
feet; thence S 48Deg-48'-26" W 135.79 feet; thence S 82Deg-37'-11"
W 43.65 feet; thence N 19Deg-09'-16" W 61.43 feet; thence N 00Deg-47'-42"
W 99.07 feet; thence N 07Deg-16'-42" E 161.46 feet; thence N
27Deg-53'-25" W 40.33 feet; thence N 57Deg-16'-52" W 111.21
feet; thence S 79Deg-22'-49" W 119.71 feet to a 1-1/2" Iron Pipe
marking a break point in the Bulkhead Line; thence S 84Deg-46'-30"
W 2,005.06 feet to a 1" Iron pipe marking the resumption of the Bulkhead
Line; thence N 46Deg-31'-11" W 161.83 feet; thence N 64Deg-42'-23"
W 70.95 feet to a 1" Iron Pipe marking a break point in the Bulkhead
Line; thence S 43Deg-43'-49" W 1,776.23 feet to a 1" Iron Pipe
marking the resumption of the Bulkhead Line; thence S 30Deg-24'-42"
W 158.97 feet; thence S 30Deg-58'-41" W 104.08 feet; thence S
45Deg-59'-42" W 67.79 feet; thence S 70Deg-09'-26" W 79.31
feet; thence S 76Deg-19'-28" W 92.45 feet; thence S 85Deg-39'-50"
W 86.50 feet; thence N 85Deg-53'-54" W 98.76 feet; thence N 73Deg-58'-43"
W 108.13 feet; thence N 62Deg-09'-20" W 107.60 feet; thence N
60Deg-14'-22" W 104.35 feet; thence N 57Deg-01'-15" W 201.01
feet; thence N 49Deg-41'-14" W 56.48 feet; thence N 42Deg-09'-18"
W 111.38 feet; thence N 33Deg-01'-16" W 54.12 feet; thence N
36Deg-12'-58" W 71.04 feet; thence N 32Deg-34'-51" W 87.25
feet; thence N 57Deg-28'-28" W 74.10 feet; thence S 80Deg-00'-28"
W 80.81 feet; thence N 81Deg-02'-26" W 95.85 feet; thence S 75Deg-59'-18"
W 44.48 feet; thence N 85Deg-21'-52" W 43.72 feet; thence S 73Deg-13'-30"
W 81.40 feet; thence N 88Deg-51'-45" W 94.93 feet to a point
which is S 27Deg-34'-37" W 27.00 feet from a 2" Iron Pipe marking
the end of this Bulkhead Line.
(b)
A bulkhead line along the southerly shore of the Suamico River, said
bulkhead line being in the Village, Brown County, Wisconsin, more
particularly described as follows:
The bulkhead line is located in part of Sections 14, 22, 23
and 24, Township 25 North, Range 20 East, Village, Brown County, Wisconsin
described as follows:
Commencing at an existing Brown County monument marking a meander
corner on the North Line of Section 24, Township 25 North, Range 20
East; thence S 7Deg-21'-56" E 1,099.95 feet; thence N 49Deg-03'-31"
E 129.85 feet to a 2" Iron Pipe; thence continuing N 49Deg-03'-31"
E 36.87 feet to the point of beginning of said Bulkhead Line; thence
N 32Deg-50'-33" W 62.45 feet; thence N 56Deg-37'-46" W 177.35
feet; thence N 64Deg-02'-53" W 151.13 feet to the start of an
existing established Bulkhead Line; thence N 63Deg-03'-49" W
50.00 feet to the end of the existing Bulkhead Line; thence N 64Deg-09'-56"
W 56.28 feet; thence N 78Deg-22'-14" W 63.98 feet; thence S 59Deg-44'-57"
W 7.51 feet; thence N 86Deg-09'-43" W 168.43 feet; thence S 87Deg-14'-13"
W 218.41 feet; thence N 83Deg-42'-44" W 75.22 feet; thence S
81Deg-00'-17" W 127.45 feet; thence S 43Deg-23'-15" W 197.97
feet; thence S 42deg-34'-27" W 109.90 feet; thence S 50Deg-20'-06"
W 84.37 feet; thence S 58Deg-41'-00" W 109.05 Feet; thence S
71Deg-37'-42" W 75.43 feet; thence S 83Deg-31'-55" W 177.42
feet; thence N 79Deg-06'-58" W 67.73 feet; thence N 67Deg-25'-00"
W 130.00 feet; thence N 67Deg-17'-58" W 109.59 feet; thence N
39Deg-41'-32" W 101.08 feet; thence N 76Deg-06'-41" W 84.68
feet; thence N 60Deg-30'-42" W 318.47 feet; thence N 73Deg-10'-50"
W 193.77 feet; thence N 85Deg-46'-37" W 349.12 feet; thence S
80Deg-06'-50" W 254.24 feet; thence N 82Deg-15'-55" W 180.99
feet; thence N 80Deg-44'-36" W 188.81 feet; thence N 73Deg-48'-29"
W 308.32 feet; thence N 58Deg-06'-00" W 379.82 feet to a 1" Iron
Pipe marking a break point in the Bulkhead Line; thence N 47Deg-08'-31"
W 509.21 feet to a 1" Iron Pipe marking the resumption of the Bulkhead
Line; thence N 48Deg-14'-11" W 127.99 feet; thence N 59Deg-16'-00"
W 144.18 feet to the start of an existing established Bulkhead Line;
thence N 44Deg-14'-38" W 55.08 feet; thence N 51Deg-51'-54"
W 15.00 feet; thence N 76Deg-50'-25" W 105.00 feet to the end
of the existing Bulkhead Line; thence S 89Deg-49'-00" W 60.38
feet; thence S 68deg-05'-33" W 199.59 feet; thence S 52deg-44'-48"
W 232.40 feet; thence S 76Deg-12'-10" W 148.43 feet; thence N
60Deg-22'-55" W 58.52 feet; thence N 21Deg-01'-27" W 114.61
feet; thence N 10Deg-02'-38" E 47.82 feet; thence N 8Deg-56'-20"
E 86.11 feet; thence N 17Deg-27'-13" E 101.03 feet; thence n
62deg-19'-47" W 35.90 feet; thence S 82Deg-41'-32" W 37.47
feet; thence S 58Deg-13'-19" W 175.42 feet; thence S 64Deg-02'-33"
W 65.00 feet; thence S 54deg-35'-17" W 94.55 feet; thence S 51deg-11'-26"
W 32.98 feet; thence S 77Deg-28'-49" W 60.81 feet; thence N 59deg-54'-47"
W 22.53 feet; thence S 73Deg-40'-07" W 59.92 feet; thence S 53Deg-03'-53"
W 38.47 feet; thence S 85Deg-04'-53" W 77.12 feet; thence N 77Deg-38'-17"
W 190.38 feet; thence S 80deg-33'-31" W 41.38 feet; thence N
71Deg-59'-06" W 116.05 feet; thence N 30Deg-47'-50" W 34.59
feet; thence N 87Deg-11'-00" W 58.27 feet; thence S 18Deg-36'-52"
W 76.16 feet; thence S 36Deg-45'-09" W 86.12 feet; thence S 44Deg-31'-02"
W 146.71 feet; thence S 50Deg-43'-41" W 99.19 feet to the start
of an existing established Bulkhead Line; thence S 58Deg-47'-35"
W 87.35 feet; thence S 47Deg-56'-55" W 119.04 feet; thence S
63Deg-53'-26" W 152.00 feet to the end of the existing Bulkhead
Line; thence S 59Deg-05'-36" W 36.19 feet to a 1" Iron Pipe marking
a break point in the Bulkhead Line; thence S 79deg-56'-06" W
1,068.04 feet to a 1" Iron Pipe marking the resumption of the Bulkhead
Line; thence S 48Deg-54'-33" E 156.30 feet; thence S 18Deg-04'-31"
E 60.21 feet; thence S 26Deg-46'-41" W 58.31 feet to a 1" Iron
Pipe marking a break point in the Bulkhead Line; thence S 71Deg-44'-27"
W 1,073.75 feet to a 1" Iron Pipe marking the resumption of the Bulkhead
Line; thence S 27Deg-57'-39" W 92.98 feet; thence S 41Deg-24'-26"
W 48.67 feet; thence S 65Deg-17'-00" W 127.78 feet; thence S
76Deg-44'-24" W 113.42 feet; thence S 76Deg-41'-45" W 115.86
feet; thence N 78Deg-01'-59" W 198.31 feet; thence N 62Deg-43'-37"
W 119.72 feet; thence N 54Deg-25'-30" W 75.56 feet; thence N
56Deg-45'-51" W 238.82 feet; thence N 53Deg-03'-43" W 136.78
feet; thence N 38Deg-20'-35" W 133.22 feet; thence N 40Deg-01'-53"
W 122.02 feet; thence N 60Deg-12'-21" W 99.90 feet; thence N
75Deg-22'-11" W 54.60 feet; thence S 85Deg-52'-28" W 140.98
feet; thence S 73Deg-00'-55" W 87.51 feet; thence N 87Deg-52'-26"
W 102.88 feet to a point which is N 27Deg-34'-37" E 24.00 feet
from a 2" Iron Pipe marking the end of this Bulkhead Line.
(2)
Procedure. The above described bulkhead line has been established
pursuant to the procedure set forth in Wis. Stats. § 30.11
(3) which is hereby made a part of this section and is incorporated
herein by reference as though fully set forth herein.
(1)
Intent. It is the intent of this section to exercise jurisdiction
in regard to the planting, maintenance and removal of trees, shrubs
and vegetation growing in public places in the Village, and to define
public nuisances and provide for the abatement of such nuisances as
they would pertain to parks, rights-of-way and forestry.
(2)
CLEAR VISION TRIANGLE
COMMITTEE
FORESTER
PUBLIC AREA
PUBLIC TREES, SHRUBS, OR VEGETATION
STREET TREE
TERRACE
TRUNK DIAMETER
VILLAGE
Definitions. For purposes of this section;
A triangular-shaped parcel of land established at street
intersections wherein no object which exceeds 30 inches above the
engineered elevation of the centerline of the road shall be erected,
placed, planted, or allowed to exist in such a manner as to limit
or obstruct the site distance of motorists, bicyclists, and/or pedestrians
entering or leaving the intersection.
The Park, Forestry, Trails and Recreation Committee.
The designated Village Official assigned to carry out the
enforcement of this section.
That part of every street, highway, roadway, or alley between
the lot line and the curb also known as the right-of-way (ROW) and
any other land owned or controlled by the Village.
Trees, shrubs, or vegetation on or in that part of every
street, the grade of which has been established, lying between the
lot line and the curb, or in the center or side lots in all boulevards,
tree banks and parkways, and in all public parks or grounds belonging
to the Village or on any other public right-of-way, property, land
lease for public use, or easement of any kind.
Any tree located in a terrace.
That part of every street between the lot line and the curb
line or paved travel surface.
Tree diameter measured 54 inches above the ground level commonly
referred to as diameter at breast height (DBH).
The Village.
(3)
Public Nuisances Defined.
(a)
All trees, hedges, or any other obstruction which prevent persons
driving vehicles on public streets, alleys or highways from obtaining
a clear view of traffic when approaching an intersection or pedestrian
crosswalk.
(b)
All tree limbs which project over and less than nine feet above any
public sidewalk, 14 feet above any street, or impose on the visibility
of traffic signage.
(c)
All trees which are a menace to public safety or are the cause of
substantial annoyance to the general public.
(d)
Noxious weeds as defined in Wis. Stat. § 66.0407(1)(b) and or Section 6.07(1) relating to weed control in the Village.
(e)
Any pest or disease which causes or has the potential to cause damage
to any group or species of tree.
(f)
Invasive and undesirable tree species shall include buckthorn, box
elder, and cottonwood. The same shall not be sold, distributed, planted
or cultivated however existing trees of greater than six-inch truck
diameter will be grandfathered. Trunk diameter shall be measured 54
inches above the ground.
(g)
The Director of Public Works, Forester, or Police Department is hereby
empowered to enter upon private property within the Village for the
purpose of inspecting all trees thereon to determine whether any of
such trees are infected or diseased or in need of preventative measures;
and is further empowered to inspect such private premises to determine
the presence of any infected logs, firewood or stumps or the presence
of any dead elm trees, elm logs, elm firewood or elm stumps.
(4)
Designation of Authority. Park, Forestry, Trails, and Recreation
Committee, together with the Forester, as appointed by the Board,
is granted the authority to administer this code under Wis. Stat.
§ 27.09. The Forester under the auspice of the Suamico Park,
Forestry, Trails, and Recreation Committee shall be responsible for
the enforcement of this section and shall have the duty to carry out
all of the provisions of this section.
(a)
Village Forester, Powers and Duties. The Forester is hereby directed
and given the right to maintain any tree or shrub in any public place
to preserve a function or beauty of such public place in accordance
with the art of good arboriculture. The Forester shall have the authority
to trim, remove, prune, spray, fertilize or otherwise treat any tree
or shrub on any public place when in the opinion of the Forester such
treatment will promote the general welfare, improve the appearance
of the Village or alleviate unsafe conditions.
(b)
The Forester shall have jurisdiction, authority, control and supervision
over all trees, shrubs and vegetation growing in public areas to include,
but not be limited to, planting, removal, maintenance and protection.
(c)
The Forester shall have the authority to grant permits relating to Section 7.04 (5) and Section 7.04 (7), under the provisions of this section and rules and work standards adopted hereunder. He or she shall supervise all work done under any permit issued under the provisions of this section and may void any permit if the provisions of this section are not complied with.
(d)
The Forester shall have the authority to cause any public nuisance applicable to Section 7.16 to be abated in accordance with the provisions of this section.
(e)
The Forester shall perform such other duties as are provided by the
laws, rules or regulations of the state, particularly Wis. Stats.
§ 27.09, and revisions thereof.
(5)
Tree Planting Requirements.
(a)
Permit Required. No person shall plant any tree, shrub, or vegetation
in a public area without the written permission of the Forester. The
permit fee shall be set from time to time by resolution of the Board.
(b)
Master Street Tree List. The Park, Forestry, Trails, and Recreation
Committee shall prepare a master street tree list consisting of those
trees approved for planting in and on public areas along with a determination
of site factors to be considered in selecting trees and placement
of such trees for planting on a particular street.
(c)
Improper Planting a Public Nuisance. Any tree planted in violation
of this section shall be deemed a public nuisance and subject to immediate
removal.
(6)
Tree Planting in New Development. Residential development shall establish
a planting plan requiring the following:
(a)
In the event that green space is dedicated it shall require a minimum
of eight trees per acre having a minimum trunk diameter of two inches
at the time of planting. A density of less than eight trees per acre
may be considered if site conditions or planting plans show public
equivalent benefit. Location and species of planting shall be specified
and or approved by the Forester. The Village reserves the right to
increase the planting density or alter the planting plan as deemed
appropriate to the development.
(b)
Each subdivision shall include in the covenants thereof a requirement
of the property owner to plant within one year of occupancy, a minimum
of six trees per acre or a minimum of two trees per parcel, whichever
is greater. Said trees shall have a minimum trunk diameter of one
inch at the time of planting. Credit shall apply for trees existing
on a property.
(c)
Planting density shall be maintained by the property owner of record
by replacement of dead or diseased trees within the seasonal parameters
of standard arborist practices.
(7)
Tree Maintenance.
(a)
No permit is required to cultivate, water, fertilize, trim, or prune
any public tree or shrub as a means to attain compliance with the
provisions of this section. All work shall be in compliance with standard
arborist practices relating to pruning and trimming.
(b)
Action to guard the public safety or clear the public way in the
event of a storm, accident or other emergency shall be considered
community service and is to be commended.
(c)
Any person desiring to remove any street tree shall apply, in writing,
to the Forester for a permit or permission to do such work. The application
shall specify the location and description of the proposed work. If
the Forester determines that the proposed work is necessary and in
compliance with the purposes of this section, the Forester shall issue
the permit or grant permission to proceed or cause the work to be
done. Any work done under such permit shall be performed in strict
compliance with the terms thereof. The Forester shall inspect all
work performed. Permits shall expire three months after issuance.
(d)
Whenever a public utility, its contractors, or any contractor for
the Village must perform work on or about any public tree or shrub
necessitating the alteration above or below ground, trimming or removal
of such tree or shrub, a written permit from the Forester is required,
as provided above. Any person performing work on a tree in a public
place, by permit, contract or otherwise, shall assume full responsibility
for damage to property and to any person, and shall save the Village
harmless from any liability thereof.
(e)
All trees and shrubs located upon any public way, or upon any private
premises adjacent to the public way, or any private road serviced
by the Village or a contractor of the Village shall be kept trimmed
by the property owner so that the lowest projecting branches provide
a clearance height of not less than nine feet above any public sidewalk
or 14 feet above any street. The Forester may waive the provisions
of this section for newly planted or naturally low-profile trees if
the Forester determines that such trees do not interfere with municipal
services, public travel, obstruction of light from any street light,
obstruct the view of any traffic sign or signal, or endanger public
safety. Each year a Class 1 notice shall be published in the Green
Bay Press-Gazette informing Village property owners of the requirements
of this paragraph. Property owners who do not comply shall be given
10 days' written notice to trim the offending trees or the Village
may perform the work and bill the property owner pursuant to Wis.
Stats. § 66.0627.
(8)
Protection of Trees. Except as authorized by written permission from
the Forester, it shall be a violation of this section to perform or
cause to be performed the following acts in any public place within
the Village:
(a)
To attach any sign, poster, handbill, electrical installation wire
or other device or material to, around or through a tree. This is
not to include recommended measures for protection against insects,
disease, or deformity.
(b)
To permit or cause fire to burn where it may kill or injure any tree
or shrub.
(c)
To allow any toxic chemical, smoke, oil, gas or other substance that
may kill or damage any tree or shrub to come in contact with its leaves
or roots.
(d)
To use tree spurs or climbers when working on or scaling any healthy
tree for any reason or any device which would cause serious injury
to a tree to include screw type foot pegs and tree stands of a design
which would cause such injury.
(e)
To remove any guard, stake, pole or other device intended for the
protection or stabilization of a public tree, or close or obstruct
any open space around the base of a public tree designed to permit
access to air, water, and fertilizer.
(f)
To erect, alter, repair, raze, or move any building, structure, or
other large object without placing suitable guards around public trees
which may be injured by such operations. It shall be the responsibility
of the owner thereof to repair or replace any tree injured or killed
by such operations.
(g)
If it is found that the moving of any tree is necessary to allow
for such operations, the cost of the moving or replacement shall be
borne by the owner of the project.
(h)
To excavate any ditch, tunnel, hole, trench, or place any drive within
the radius of five feet from any tree in a public area except by written
permit from the Forester or when an emergency or exceptional situation
exists.
(i)
The Forester may require the posting of an adequate surety bond or
other sufficient security by any person proposing to make any such
excavation to cover the cost of replacement of any tree destroyed
as the direct result of the excavation; as reasonably determined by
the Forester.
(j)
To damage, injure, remove, or appropriate for one's own personal
or private use any tree, shrub, or vegetation procured in whole or
in part with public funds, or planted or growing in a public area
unless scheduled construction work will destroy the tree, shrub, or
vegetation in a project area. Any resident may request permission
to remove items from a project area prior to destruction. Rescued
items must be utilized by the individual for personal use and not
for barter or resale.
(k)
To prune, cut, or injure oak trees from April 15 to July 15 as a
preventative measure against the oak wilt disease. If an oak tree
is wounded during this time, notification of injury must be made to
the Forester immediately.
(l)
Topping of trees shall not be considered an acceptable means of pruning
or maintenance.
(9)
Obstruction of View at Intersections. No person shall plant, grow,
or maintain any tree, shrub, or other vegetation on any Village street
corner lot within the clear vision triangle which may obstruct the
vision of the operator of any motor vehicle or pedestrian approaching
such intersection. Any tree, shrub, or other vegetation obstructing
such view between the heights of 2 1/2 feet and 10 feet above
street grade shall be deemed a public nuisance. Special conditions
shall not restrict the Forester from deeming a public nuisance for
a condition meeting the parameters of this subsection.
(a)
The Village adopts Wis. Stats. § 195.29(6) to properly
and consistently address view restrictions at railroad crossings caused
by trees and brush.
(10)
As a Public Nuisance. Any tree or shrub or vegetation which is specifically
designated a public nuisance in this section or part of which is on
public property which, by reason of its condition, interferes with
the use of any public place; is detrimental to the construction of
public improvements; or endangers the life, health, safety, or welfare
of the public, or properties thereof. Any tree, or shrub or vegetation
which is diseased, infested, considered invasive, or deemed undesirable
shall be considered a public nuisance whether publicly or privately
owned and is subject to the conditions set forth.
(a)
No person shall permit any public nuisance enumerated in this
section to remain on any property owned or controlled by them, including
public areas.
(b)
Notice of Public Nuisance. Whenever the Forester shall find
and declare any tree or shrub a public nuisance, he or she shall notify
the property owner or his or her agent in writing that the nuisance
must be abated and the procedure required for the abatement.
(11)
Abatement of Public Nuisances.
(a)
Enforcement. The Police Department, Public Works Director, Zoning
Administrator, Fire Chief, Building Inspector, and Health Officer
shall enforce those provisions of this chapter that come within the
jurisdiction of their offices; they shall make periodic inspections
upon complaint to insure that such provisions are not violated. No
actions shall be taken under this section to abate a public nuisance
unless the officer has inspected or caused to be inspected, the premises
where the nuisance is alleged to exist and has satisfied himself or
herself that a nuisance does in fact exist. Whenever practicable,
the inspecting officer shall cause photographs to be made of the premises
and shall file the same in the office of the Clerk.
(b)
Summary Abatement. If the inspecting officer determines that
a public nuisance exists within the Village and that there is great
and immediate danger to the public health, safety, peace, morals,
or decency, the Administrator may direct the proper officer to cause
the same to be abated or to remove such nuisance within 24 hours and
shall state that unless such nuisance is so abated, the Village will
cause the same to be abated and will charge the cost thereof to the
owner, occupant, or person causing, permitting, or maintaining the
nuisance, as the case may be.
(c)
Abatement by Village. If the nuisance is not abated within the
time provided, or if the owner, occupant, or person causing the nuisance
cannot be found, the Administrator shall direct the proper officer
to cause the abatement or removal of such nuisance.
(d)
The charge for the abatement or removal shall be as set from
time to time by resolution of the Board. If such charges are not paid
by November 1 of the year in which they are billed, such charges,
together with an additional administrative fee for collection equal
to 10% of the total of such charges and fees, shall be extended on
the next succeeding tax roll as a tax charged against the property
affected, and collected in the same manner as are other taxes pursuant
to Wis. Stats. § 66.98.
(e)
Abatement after Notice. If the inspecting officer determines
that a public nuisance exists on private premises but that such nuisance
does not threaten immediate danger to the public health, safety, peace,
morals, or decency, he or she shall serve notice on the person causing
or maintaining the nuisance to remove the same within 10 days. If
such nuisance is not removed within 10 days, the proper officer shall
cause the nuisance to be removed as provided in Sub. (3).
(f)
Other Methods Not Excluded. Nothing in this section shall be
construed as prohibiting the abatement of public nuisances by the
Village or its officials in accordance with the laws of the State
of Wisconsin.
(g)
Court Order. Except when necessary under Sub. (3), an officer
hereunder shall not use force to obtain access to private property
to abate a public nuisance, but shall request permission to enter
upon private property if such premises are occupied and if such permission
is denied, shall apply to any court having jurisdiction for an order
assisting the abatement of the public nuisance.
(12)
Cost of Abatement. In addition to any other penalty imposed by this
chapter for the erection, contrivance, creation, continuance, or maintenance
of a public nuisance, the cost of abating a public nuisance by the
Village shall be collected as a debt from the owner, occupant, or
person causing, permitting, or maintaining the nuisance; and if notice
to abate the nuisance has been given to the owner, such costs shall
be assessed against the real estate as a special charge.
(a)
No damages shall be paid to any owner for the destruction or
removal of any tree or part thereof or of any shrub, hedge, or plant.
(1)
Penalty. Any person who violates any provision of this chapter or
any order, rule, or regulation made hereunder shall be subject to
a forfeiture of not less than $25 nor more than $2,500. Notwithstanding
the foregoing, any penalty for violation of Wis. Stats. § 30.772
is subject to forfeiture not to exceed $50 for each violation. In
addition, the person shall be responsible for the costs of prosecution
and in default of payment of such forfeiture and costs of prosecution;
he or she may be imprisoned in the Brown County Jail until said forfeiture
and costs are paid, but not to exceed 90 days for each violation.
Each day that the violation continues to exist shall constitute a
separate offense.
(2)
Severability. If a court of competent jurisdiction deems any provision
of this ordinance invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the other provisions of the same.
The several sections of this ordinance are declared to be severable.
If any section or portion thereof shall be declared by a decision
of a court of competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific section or portion
thereof directly specified in the court's decision, portions
remaining in the ordinance shall retain the full force and effect
thereof.
(3)
Enforcement. Enforcement of this chapter shall be the responsibility
of the Board or its designee, and/or Police Department.
