"Arborist"
means any person, firm or corporation engaged in the business of cutting, trimming, pruning, removing trees for compensation.
"Large trees"
means trees which attain a height of 30 feet or more at maturity.
"Park trees"
are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks, and all areas owned by the city, or to which the public has free access as a park.
"Property owner"
means any person owning property within the town of Wheatland, as shown by the records of the clerk of Platte County, Wyoming.
"Public nuisance"
means any dangerous or unsafe tree or portions thereof on streets, in parks, on other public places or posing a hazard thereto or any destructive or communicable disease or pestilence which endangers the growth, health, life or wellbeing of trees or plants in the city.
"Small trees"
means trees which attain a height of less than 30 feet at maturity.
"Town property"
means all town-owned property, including parks, rights-of-way, boulevards and other real property.
"Tree topping"
means the severe cutting back of limbs to stubs larger than three inches within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
(Ord. 680 § 1, 2000)
There is hereby created and established a tree board for the town of Wheatland, Wyoming. Board shall consist of five concerned volunteer individuals. Ex officio members will be the town of Wheatland park superintendent and the Platte County weed and pest supervisor and will serve as technical advisors to the tree board. The Wheatland town council shall approve the tree board. All members of the tree board shall serve without compensation. The term of all members are three years. All will be staggered terms.
(Ord. 680 § 2, 2000)
It shall be the responsibility of the board to study, investigate, counsel and develop and/or update annually, and administer a plan for the care, preservation, pruning, planting, or removal of trees on any town property. Such plan will be presented to the town council and shall constitute the comprehensive tree plan for the town of Wheatland.
(Ord. 680 § 3, 2000)
The town council shall have the right to review the conduct, acts, and decisions of the tree board. Any person can appeal any decision, ruling, or order of the tree board to the town council who may hear the matter and make a final decision. The appeal must be submitted to the town clerk within 30 days of the tree board decision.
(Ord. 680 § 4, 2000)
It shall be unlawful for any person or firm to engage in the business or occupation of cutting, trimming, pruning, or removing trees or shrubs for compensation within the town of Wheatland without obtaining an arborist license in advance. Before an arborist license will be granted, the applicant must meet the following criteria:
(a) 
The arborist must maintain general liability and property damage insurance with a minimum of $50,000 bodily injury coverage, and $100,000 property damage coverage.
(b) 
The arborist must successfully complete an annual competency test administered by the town of Wheatland.
(c) 
An arborist is required to pay an annual fee of $25.00 at the time of licensing.
Failure of an arborist to comply with these conditions will be grounds to revoke such license in addition to the imposition of any other penalty provided by WMC § 2.25.170.
(Ord. 680 § 5, 2000)
A property owner or a member of his immediate family who trims, prunes, or cuts any tree or shrub within any public right-of-way which abuts his property shall not be required to obtain an arborist license.
(Ord. 680 § 6, 2000)
The town of Wheatland shall have the right, but does not have the obligation, to plant, prune, preserve and remove trees, plants, and shrubs within the lines of all streets, alleys, boulevards, lanes, squares, and public property, as may be necessary to ensure safety when servicing town utilities or to preserve the symmetry and beauty of such public grounds. The town may, at its option when advised by the town tree board, remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is infected with any injurious fungus, insect or other pest. The trees planted for beautification of the downtown area will be maintained by the town of Wheatland which includes 800 block of Gilchrist, 900 block of Gilchrist, 600, 700 and 800 blocks of 9th Street and other projects.
(Ord. 680 § 7, 2000)
It is the responsibility of the owner of any tree which is planted on or overhangs any street, right-of-way, or other town property to prune the tree to remove hazardous conditions such as dead, diseased, damaged, or dangerous trees or limbs which constitute a menace to public safety. Trees may not obstruct the light from any street light or the view of any intersection, or the visibility of any traffic control device or sign. Any tree which causes menace to the general public or in any way endangers the security and usefulness of any public street, highway, alley, sewer or sidewalk, or is so determined following an inspection, the same is declared to be a public nuisance. The town shall have the right to order the removal of any tree, branch, or other vegetation which constitutes a menace. The property owner will be notified in writing to remove the hazard. Removal will be done at the expense of the property owner within reasonable time after notice has been given. If the property owner fails to comply with such provisions, the town shall have the authority to remove such trees and charge the cost of removal to the property owner.
(Ord. 680 § 8, 2000)
It shall be unlawful for any person to intentionally cause harm to any tree on town property, including but not limited to carving, debarking, cutting, breaking limbs, nailing, stapling, or otherwise affixing any sign or notice to a tree.
(Ord. 680 § 9, 2000)
It shall be unlawful for any person to top any tree on town property. 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 chapter, at the determination of the tree board.
(Ord. 680 § 10, 2000)
All stumps on town property shall be removed below the surface of the ground where possible. For safety reasons, the top of the stump should not project above the surface of the ground.
(Ord. 680 § 11, 2000)
No tree, shrub, or other vegetation, on town property or private property, shall obstruct the view at any intersection of streets. On corner lots, no tree, shrub, or other vegetation shall interfere with the unobstructed view over 30 inches above the nearest street in a restricted triangular area formed by the three points established by the intersection of property lines at the corner, and by measuring 35 feet back from this intersection on each property line. WMC § 17.35.010(c)(5).
(Ord. 680 § 12, 2000)
No large trees will be planted under or within 25 lateral feet of any overhead primary electric line. No large trees will be planted over or within 10 lateral feet of any underground water main, sewer main, primary electric line or other utility. Service lines are exempt.
(Ord. 680 § 14, 2000)
Trees must be removed so that any branch, which overhangs any road, alley, or right-of-way, is at a minimum height of 14 feet so as to provide safe clearance for vehicles. Any branch, which overhangs any sidewalk or pedestrian walkway, must be trimmed so that it is a minimum height of eight feet to provide safe clearance for pedestrians in accordance with WMC § 17.35.010(c)(5). The tree board may recommend to the Wheatland town council alternative care. (See WMC § 2.25.030.)
(Ord. 680 § 16, 2000)
Any person violating any provision of this chapter shall be, upon conviction thereof or plea of guilty, subject to a fine not to exceed $750.00 per offense.
(Ord. 680 § 17, 2000)