To protect the parks, parkways, recreational facilities and conservancy areas within the Village of Belleville from injury, damage or desecration, these regulations are enacted. The term "park" as hereinafter used in this chapter shall include all grounds, structures and watercourses which are or may be located within any area dedicated to the public use as a park, parkway, recreation facility, playground, swimming pool or conservancy area in the Village.
(1) 
Specific regulations.
(a) 
Littering prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any park.
(b) 
Sound devices. No person shall operate or play any amplifying system unless specific authority is first obtained from the Village Board.
(c) 
Bill posting. No person shall post, paste, fasten, paint or attach any placard, bill, notice, sign or advertising matter upon any structure, tree or other natural object in any park, except park regulations and other signs authorized by the Village Board.
(d) 
Throwing stones and missiles prohibited. No person shall shoot or throw stones, arrows or other missiles in or into any park.
(e) 
Removal of park equipment prohibited. No person shall remove benches, seats, tables or other park equipment from any park.
(f) 
Trapping. "Trapping" when used in this subsection includes the taking, or the attempting to take, of any wild animal by means of setting or operating any device, mechanism or contraption that is designated, built or made to close upon, hold fast or otherwise capture a wild animal or animals; live traps on a person's property are excluded. The trapping of wild animals is hereby prohibited in Village parks unless approval is otherwise granted through Village permit.
(g) 
Making of fires. No person shall start, tend or maintain a fire except in personal grills or designated fireplaces. Personal grills shall be used only in designated picnic areas. The use of personal grills is permitted if lawns and vegetation are not endangered. Unburned fuel and ashes shall be disposed of in such a manner as to prevent fire or damage to any park property.
(2) 
Protection of park property.
(a) 
No person shall kill, injure or disturb or attempt to injure or disturb waterfowl, birds or animals, wild or domestic, within any park, except as permitted by this chapter. No person shall climb any tree or remove flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure, deface, write upon or ill use any tree, shrub, flower, flowerbed, turf, soil, sand, fountain, ornament, building, structure, apparatus, bench, table, official notice, sign or other property within any park.
(b) 
No person shall deface by throwing stones, pebbles or other debris in any of the toilets, drinking fountains or other sanitary facilities located in any Village Park; or deface by drawing with crayons, chalk, paint or anything else on any of the buildings or equipment at any Village Park; or deface the equipment by means of a sharp instrument.
(3) 
Motorized vehicles. Except for authorized maintenance vehicles, no person shall operate an unlicensed or licensed motorized vehicle outside of areas specifically designated as parking areas or areas where the operation of such vehicles is specifically permitted. Motor vehicles are restricted to the roads and drives and parking areas. No motor vehicles of any nature may be used on the seeded areas except vehicles which have Village Board authorization for shows, rides or exhibits and then only for the purpose of loading and unloading.
(4) 
Snowmobiles, UTVs and ATVs. No person shall operate snowmobiles, UTVs or ATVs in any Village Park except in designated areas or on designated trails. UTVs and ATVs may operate on Village roadways and/or parking areas as identified in Section 18.111 of this Code of Ordinances.
(5) 
Speed limit. No person shall operate any vehicle in a Village Park in excess of fifteen (15) miles per hour unless otherwise posted.
(6) 
Glass beverage bottles in parks prohibited. No individual shall possess or consume any beverage in a glass bottle or glass container in any Village Park.
(7) 
Reckless driving in parks prohibited. No person shall operate a motor vehicle in a reckless manner in any of the public parks of the Village.
(8) 
Parking in parks. No person shall park any motor vehicle in any park in the Village except in a designated parking area. There shall be no overnight parking allowed except in designated areas with prior approval of a special event application from the Village Board or temporary emergency approval from the Village Police Department. See Section 8.04(2) for exemptions specific to the Community Park parking area.
(9) 
Horse and carriages. No person shall ride a horse or drive a horse-driven vehicle in any park, except on roads or designated bridle paths, except when approval of the Village Board is first obtained. It shall be unlawful for any person to ride a horse or drive a horse-driven vehicle in a careless, negligent or reckless manner which may endanger the safety and well-being of others. Horseback riding shall be allowed only during daylight hours. No person shall ride a horse which cannot be held under such control that it may be easily turned or stopped. Horses shall not be left unbridled or unattended.
(10) 
Removing tree protectors. No person shall remove any device for the protection of trees or shrubs.
(11) 
Golfing and sporting activities. No golfing or practicing golf in Village parks or recreation areas shall be allowed except with the use of a whiffle ball. All sporting activities must be held in areas so designated for that purpose.
(12) 
Arrows. No person shall use or shoot any bow and arrow in any Village Park, except in authorized areas.
(13) 
Fees and charges. The Village Board shall establish such fees as deemed necessary for use of any park facility, shelter or land area. It shall be unlawful to use such areas without payment of such fee or charge when required.
(14) 
Pets. Pets, including animals of any species, shall not be permitted to run at large in any Village Park with the following exceptions:
(a) 
Village Board approved events.
(b) 
Dogs in designated dog parks.
(15) 
Firearms; hunting. Possessing or discharging of any air gun, slingshot, explosive, firearm or weapon of any kind is prohibited in all Village parks.
(16) 
Fish cleaning. Cleaning of fish in shelters, toilet facilities or picnic areas is prohibited in all Village parks.
(17) 
Controlled substances. Possessing, using or dispensing of a controlled substance in violation of the Uniform Controlled Substances Act is prohibited in all Village parks.
(18) 
Vendors restricted. No person shall sell, vend, or give away any article of merchandise whatsoever, without a written permit from the Village Board via permit administered by the Village Clerk.
(19) 
Alcohol beverages. The consumption or possession of alcohol beverages in Village parks shall be as regulated by Chapter 10 of this Code.
(20) 
Camping. No overnight camping shall be permitted in any park, except where written approval of the Village Board or duly authorized agent is first obtained.
(21) 
Swimming. Swimming may be permitted at the Swimmer’s own risk throughout the waters of the Village.
(1) 
It shall be unlawful for any person to fly, operate or make use of any remote-or radio-controlled model airplane, helicopter, drone, or any other such device in, over or upon any street, park or other public or private property except in areas specifically designated and posted for such purpose and with the consent of the property owner or lessee of the property.
(2) 
Remote controlled boats with electric motors are allowed within Village waterways.
(3) 
Remote controlled wheeled or tracked vehicles are allowed to operate within Village parks so long as they do not cause significant damage to any public property and are not causing any nuisance to public safety.
Except as authorized by the Chief of Police or Public Works Director, no person shall dig into the turf of any Village-owned Park or recreational property for any purpose whatsoever or remove any trees or flowers. Absent authorization by the Chief of Police or Public Works Director, the use of metal detectors and digging for buried objects on Village parks or recreational property are prohibited.
(1) 
Hours established. Village parks shall be closed to the public between the hours of 10:00 p.m. and 6:00 a.m. of the succeeding day. Any law enforcement officer of the Village may clear all persons from the Village parks during closed hours.
(2) 
Exceptions.
(a) 
The regular closing hours of Village parks do not apply to persons having permission from the Village Board to be present in the Village parks during closed hours on specific days and for specific purposes.
(b) 
The regular closing hours of the Village parks do not apply to persons in attendance at a regularly scheduled event, except that those persons shall vacate the park within thirty (30) minutes after the ending of a regularly scheduled event.
(c) 
The regular closing hours of the Village Parks shall not apply to persons who are utilizing the parking area at Community Park as overflow parking to patronize downtown businesses.
(d) 
To facilitate the use of the parking area in Community Park as overflow parking for downtown businesses and events, parking will be allowed outside of normal park operating hours. However, no overnight parking is allowed. Parking in the Community Park parking area is prohibited from 3 a.m. to 6 a.m. without prior approval from the Village Board via a Special Event Permit or the Village Police Department.
(1) 
Policy on reservation. The Village-owned parks and park facilities and shelter areas are primarily for the non-exclusive use of the residents and visitors of the Village. However, under proper circumstances, exclusive use of the same or parts thereof may be permitted. This section is intended to regulate exclusive use of municipally owned parks, park facilities, park shelters or parts thereof in the Village of Belleville to ensure that the general welfare of the Village is protected.
(2) 
Permits. A person, or group, firm, organization, partnership or corporation may reserve the use of a park facility or a park shelter by application filed with the Village Clerk for a permit for exclusive use of the same. The Village Clerk shall refer reservation requests for large portions or entire parks to the Village Board via a Special Event Permit. All reservations shall be made on application forms provided by the Village Clerk and shall be on the basis of first come, first served; provided, however, that any large reoccurring community event may make reservations and be given priority for the same week and location in the coming year so long as such reservation is made by March 1st of that year. Reservation of a designated area shall give the party to whom reserved the right to use such area to the exclusion of others for and during the period of reservation. Areas not reserved shall be open to use by all. Fees shall be established annually by Resolution of the Village Board.
(3) 
Application. Applications shall be filed with the Village Clerk at least six (6) weeks prior to the date on which the exclusive use of the entire park is requested, or at least two (2) weeks prior to the date on which a park shelter or a portion of a park is to be used. Applications for individual park facility or shelter use may be accepted after the two (2) week deadline at the discretion of the Village Clerk. Any special event application accepted after the deadline by the Village Clerk shall incur a late fee as prescribed by the Village Fee Schedule.
(4) 
Action on application.
(a) 
Special event applications requiring staff review and Board approval shall be filed with the Village Clerk per Sections 8.05(3) and 8.05(9) of this Ordinance. The Village Board will consider the application for Special Event Permit at the next regular Board meeting following staff review and approval of the event.
(b) 
Facility and park shelter reservation applications shall be filed with the Village Clerk per Sections 8.05(3) and 8.05(9) of this Ordinance. The Village Clerk’s Office shall determine necessary staff review and grant or deny a reservation application after any necessary reviews have been completed.
(5) 
Reasons for denial. Denials of Special Event or reservation permits shall be issued in writing stating the reasons for such denial. Applicants may reapply at any time, however application fees are non-refundable. Applicants aggrieved by the denial may appeal such denial according to Section 1.15 of this Code of Ordinance.
(6) 
Indemnification. Prior to granting any permit for exclusive use of the park, the Village may require the permittee to file evidence of good and sufficient sureties, insurance in force or other evidence of adequate financial responsibility, running to the Village and such other third parties as may be injured or damaged, in an amount depending upon the likelihood of injury or damage as a direct and proximate result of the exclusive use sufficient to indemnify the Village and such third parties as may be injured or damaged thereby, caused by the permittee, its agents or participants.
(7) 
Permit not required for Village activity. A permit is not required for exclusive use of the park or a park facility sponsored by the Village of Belleville. However, a fee will not be required as a component of the application process for Village sponsored events.
(8) 
Permit revocation. The Village Board or Chief of Police may revoke a permit already issued if it is deemed that such action is justified by exigent circumstances including but not limited to weather, destruction of public property, threats to the health, safety and/or peace of the attendees or the community or by a major change in the conditions forming the basis of the issuance of the permit.
(9) 
Form of permit. Each permit shall be in a form prescribed by the Village Clerk. Information required in such application for Special Event or park reservation application shall include, but is not limited to, the desired park, park facility or shelter area involved, date, hours of exclusive use, purpose of the exclusive use, the name of the person, group, firm, organization, partnership or corporation to whom or to which the permit is issued as well as any other information deemed necessary during the course of application review.
(10) 
Temporary Class "B" Fermented Malt Beverage Licenses. When fermented malt beverages are sold at any event authorized by this section, a valid fermented malt beverage license shall be obtained, and the provisions of Section 10.01 of this Code shall be fully complied with. Said license shall be presented to any law enforcement officer upon request. The Temporary Class “B” License application automatically requires the applicant to apply for a special event permit.
(11) 
Care of facilities. Persons reserving Village facilities shall be completely responsible for cleaning up the facilities after the event to the satisfaction of Village officials. All reserved areas shall be left in a clean condition, with refuse placed in containers provided for such purpose. Any organization or corporation reserving any area in a Village Park shall agree to assume full responsibility for all damage to Village property by any invitee of said organization or corporation and shall make full payment therefore upon billing by the Village Clerk. Failure to do so shall deny future use of park facilities until such payment is made, in addition to any other remedy which the Village may have.
(12) 
Reimbursement for Village resources. Applicants whose special event or park reservation requires the use of Village resources in the form of Department of Public Works equipment and staff or Police Department equipment and staff will be invoiced for the use of such resources. All applicants shall sign an agreement to that effect upon application submittal. Applications will be deemed incomplete without this signed agreement. Whenever possible and foreseeable, Village staff will communicate the potential use of resources to the applicant and furnish estimates for the use of staff and equipment prior to any event or reservation for which they would be required.
(1) 
The provisions of this Section shall apply to the waters of Lake Belle View beginning at Community Park in the south, Highway 69/92 to the east and the lake/Sugar River separation berm on the west.
(2) 
This article shall be enforced by the officers of the Village of Belleville.
(3) 
The intent of this article is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interests and the capability of water resources.
No person shall operate a motorboat, as defined in Section 30.50(6), Wis. Stats., that is propelled by internal combustion engine or engines on the waters of Lake Belle View. Electric motors only are permitted on said waters.
The Village of Belleville shall place and maintain a synopsis of this article at all public access points within the jurisdiction of the Village of Belleville pursuant to the requirements of Section NR 5.15, Wis. Adm. Code.
Wisconsin state boating penalties as found in Section 30.80, Wis. Stats., and deposits as established in the Uniform Deposit and Bail Schedule established by the Wisconsin Judicial Conference are hereby adopted by reference, and all references to fines are amended to forfeitures and all references to imprisonment are deleted.
The intent of this Section is to regulate the trimming, pruning and removal of trees to preserve health and maintain the natural shape of such trees, and to prevent trimming, pruning and removal that are unnecessarily disfiguring and/or destructive, and to give property owners an opportunity to contest proposed tree trimming, pruning and/or removal operations.
(1) 
Application. The provisions of this Section shall apply to all trees and shrubs growing or hereafter planted in or upon public areas and terrace areas and to all trees and shrubs growing or to be planted in or upon any private premises which threaten the life, health, safety or welfare of the public or of any public area.
(2) 
Exemptions. This Section is not intended to apply to the planting, trimming, pruning or removal of trees under the following circumstances:
(a) 
When the trees in the public street, alley, highway, or terrace are encroaching on an abutting property owner's property.
(b) 
When the trimming or pruning is being performed by the Village of Belleville Department of Public Works or any employee of the Village of Belleville who works under the direction of the Village Forester who has established policies and procedures for trimming, pruning and removal.
(c) 
When the trimming or pruning is in relation to routine installation (e.g., cable television, telephone, etc.), the installer shall not be required to obtain a permit but must meet the standards in this Section and the standards of the Village Forester in performing such work.
(d) 
When the trimming, pruning or removal is by an individual property owner, the Village Forester retains his or her discretion to issue individual permits for trimming, pruning or removal in the public right-of-way when such trimming meets the guidelines and standards of this Section and the Village Forester.
The Village Board may designate a Village Forester under Chapter 27, Wis. Stats., and may authorize such Forester to perform the duties and exercise the powers imposed on the Public Works Department by this Section. The Village Forester shall be appointed by the Village Board.
(1) 
The Village of Belleville Public Works Department (hereafter "the Department") shall have:
(a) 
The authority and jurisdiction to plant, prune, maintain, and remove trees within the rights-of-way of all public streets, terraces, alleys, avenues, and lanes and on all public properties, parks and tree-planting easements as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public property.
(b) 
The right to prune or cause the pruning of any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with the visibility of any traffic control device or sign or sight triangle at intersections or interferes with the passage of pedestrians or vehicles in the public right-of-way.
(c) 
The right to treat or cause the treatment of any diseased or infested trees on private property when such trees constitute a potential threat to the urban forest.
(d) 
The right to remove or cause the removal of any dead, diseased, infested, or structurally damaged tree, or portion of a tree, on private property when such tree constitutes a potential hazard to life and property within the public right-of-way or on public property or constitutes a threat to the urban forest.
(2) 
The Village Forester:
(a) 
Shall have the authority and jurisdiction of regulating the planting, maintenance, trimming and removal of trees on public property and, subject to private property tree and vegetation regulations, to ensure safety or preserve the aesthetics of such public sites.
(b) 
Shall have the authority to review all requests for permits for any planting, removal, pruning, and/or trimming or cutting of trees on any public property. The Village Forester shall also have the authority to grant or deny and to attach reasonable conditions to all permits.
(c) 
Has the authority and jurisdiction to review tree planting and landscaping planting plans for building and development projects that have been submitted as required by Chapter 16, Zoning Code, of this Code. The Village Forester has authority to modify a landscape plan as a condition of approval.
(d) 
Shall have the authority and jurisdiction to supervise or inspect all work done under a permit issued in accordance with the terms of this Section.
(e) 
May inspect any trees, shrubs, vines, hedges, plants, logs, or branches existing or growing upon any property within the Village. The Village Forester may conduct surveys to determine if any destructive or communicable disease or other pest exists which may be detrimental to or endanger the good health and well-being of trees or other plant life in the Village.
(f) 
Shall have the authority and jurisdiction to restrict tree maintenance activities within the Village limits to reduce the spread of infectious diseases and/or insects.
(g) 
Shall enforce such rules, regulations, permit, and penalty procedures as deemed necessary and may do so by the issuance of municipal citations to effectuate the intent of this Section working in connection with the Zoning Administrator or Director of Public Works. No person shall unreasonably hinder, prevent, delay, or interfere with the Village Forester or his/her agents while engaged in the execution or enforcement of this Section.
(1) 
It shall be unlawful for any person to plant, prune, or remove any tree (or portion thereof), shrub, or other plant upon any public property without a permit.
(2) 
It shall be unlawful for any person to "top" any tree on public property.
(3) 
Trees on public property shall be protected from damage or removal by any means unless otherwise authorized by a permit issued by the Village Forester. Tree crowns and trunks shall not suffer any branch or bark loss. Roots shall be protected from compaction, storage of materials, and severing within a circle around the tree with the tree trunk as the focal point.
(4) 
The radius of the tree protection zone (TPZ) shall be determined by the tree diameter listed in the following table:
Tree Diameter 4.5 Feet Above Ground
Radius of TPZ (Tree Trunk in Center)
(inches)
(feet)
0.0 to 4.0
2.0
4.1 to 9.0
5.0
9.1 to 14.0
10.0
14.1 to 19.0
12.0
19.1 or more
15.0
(5) 
Roots located within the determined circle shall be protected by such practices as temporary bridges for vehicles or auguring for utility installation. Any factors that would cause any deviations from the above table shall be noted on the permit issued for such work and require notification of the Village Forester.
(6) 
It shall be unlawful for any individual to place salt, brine, petroleum products, herbicides, or any other substances in such amount as to be toxic or injurious to the health, growth, or vitality of any public tree.
(7) 
No individual shall be allowed to drive nails, staples or screws or fasten any rope, wire, electric attachment, sign (including any bills, advertisements, cards, or notices of any kind) or other devices to a public tree or to any guard about such tree.
(8) 
No individual shall deposit, place, store, or maintain upon any public property any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, or fertilizer to the roots of any tree growing therein, except by written permit of the Village Forester.
(9) 
Tree trunks shall be protected with wood slats, rubber tires, or snow fence wired in place where contractor’s operation may scar the trunk or compact the root zone of the tree. The contractor shall exercise care to assure tree trunks, branches, and roots are not damaged by its operation. The contractor shall call the Village Forester at least forty-eight (48) hours before start of construction to discuss problems with overhanging branches that might be damaged in spite of his/her exercising care in construction.
(10) 
Damage to branches of a tree due to the contractor’s negligence will be repaired by the Village Forestry Division at the contractor’s expense. If damage to a tree has been determined to be excessive, the Village Forester may remove and replace said tree at the contractor’s expense.
(11) 
All work performed must be performed in compliance with accepted arboricultural standards.
(1) 
The owner of any tree or shrub overhanging any street or public right-of-way within the Village shall prune the tree or shrub before it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign or sight triangle at intersections or interferes with the passage of pedestrians or vehicles in the public right-of-way.
(a) 
If the owner of the property fails or refuses to take remedial action, the Village or its agent may perform the remedial action without compensation to such owner or any person who planted or caused to be planted such tree or shrub.
(b) 
The Village may charge the owners for the expenses incurred.
(2) 
The Village shall have the right to cause the removal of any tree or shrub or portion of tree or shrub that constitutes a public nuisance on private property within the Village. The Village Forester shall notify the owner of the property that the hazard must be alleviated or removed within fourteen (14) days of the notification.
(a) 
If the owner of the property fails or refuses to take remedial action within the required time period, the Village or its agent shall have the authority to enter the property and perform the remedial action without compensation to such owner or any person who planted or caused to be planted such tree or shrub.
(b) 
The Village shall charge the owners for the expense incurred.
(1) 
It shall be the policy of the Village of Belleville to promote and enhance the beauty and general welfare of the Village through the planting and maintenance of trees within the public right-of-way of any street, alley or highway. The Village Forester shall direct, regulate and control the planting, care and removal of all public trees within the Village.
(2) 
Diseased or destroyed street trees shall be replaced by the Village, provided that adequate space for tree growth is available and subject to availability of funds. The replacement of diseased or destroyed trees shall not be assessed to the abutting property owner.
(a) 
Oak wilt. No person shall remove, trim or prune any oak tree or portion thereof between April 1st and October 15th without first securing the written permission of the Village Forester, or designee. During the period from April 1st until October 15th, if wounding occurs or pruning is necessary in response to an emergency, such as storm damage, a tree wound dressing shall be applied immediately to each wound. The cut surface of stumps from living non-infected Oaks shall be immediately painted with a wound dressing.
(3) 
Planting of certain trees restricted. No person shall hereafter plant any tree listed on the Restricted Tree List upon any public street, parkway, terrace or other public place within the Village of Belleville. The Restricted Tree List shall be developed and updated by the Village Forester on an annual basis. The Village Forester shall cause the removal of any tree planted in violation of this subsection.
(4) 
Tree planting requirements. A tree planting permit is required for each proposed tree to be planted on public property, including terraces. The permit application must specify the following items for each tree being planted: size, species and location. Proper planting techniques and accepted arboricultural standards must be met. The Village Forester must approve the tree planting permit application prior to issuance of a tree planting permit. The Village Forester must approve final installation. The good health of all trees planted hereunder shall be guaranteed for one (1) year by the property owner.
(5) 
Trees may not be planted in the terrace closer than:
(a) 
Twenty (20) feet to a utility or streetlighting pole.
(b) 
Fifteen (15) feet to a driveway or alley.
(c) 
Six (6) feet to a fire hydrant, water stop box or gas shut off. If possible, allow more distance than six (6) feet.
(d) 
Twenty-five (25) feet to another tree.
(e) 
Twenty-five (25) feet to the intersection of two (2) streets from either corner measured on the property line.
(6) 
The property owner has the responsibility to locate underground utilities before digging.
(7) 
Evergreen trees and shrubs shall not be planted in the terrace area.
(8) 
All work performed must be performed in compliance with accepted arboricultural standards.
(1) 
No person shall trim, prune, plant or remove any tree that is in a public street, alley, highway or terrace, or cause such work to be done by others, without first obtaining a permit from the Village Forester. Nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law.
(2) 
Any person seeking a permit to excavate near, trim, prune, plant or remove a tree in a public street, alley, highway or terrace shall submit a written proposed trimming, pruning, planting or removal plan to the Village Forester setting forth the following:
(a) 
Clear and specific identification of the trees in a public street, alley, highway or terrace which the person is targeting for excavation near, trimming, pruning, or removal. The identification shall include the name and block number(s) and address(es) of the street(s) on which the trees are located.
(b) 
A clear and specific statement identifying the dates on which the excavation, trimming, pruning, or removal will begin and end.
(c) 
Detail regarding the general nature and character of the proposed excavation, trimming, pruning or removal.
(3) 
The Village Forester has the authority to approve or deny the permit and recommend the assessment of violations as outlined in this Section if the work is not performed in accordance with accepted arboricultural standards.
(4) 
Public utility companies shall notify the Village Forester in writing prior to pruning any public tree for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted arboricultural standards.
(5) 
Permit exemptions. No permit shall be required to cultivate, fertilize or water trees or shrubs. No permit is necessary to plant trees on private property.
(1) 
Any person found to disturb the root zone or prune, remove, or cause the removal or death of any public tree, shrub, or other plant without a permit shall be subject to a forfeiture of not less than one hundred dollars ($100.00) per incident nor more than the greater of one thousand dollars ($1,000.00) or the calculated value lost according to the latest edition of the Council of Tree and Landscape Appraisers Guide for Plant Appraisal.
(2) 
Any person violating any other provision of this Section shall be subject to a forfeiture of not less than twenty-five dollars ($25.00) per incident nor more than the greater of one thousand dollars ($1,000.00) or the calculated value lost according to the latest edition of the Council of Tree and Landscape Appraisers Guide for Plant Appraisal.
The Village Forester, with approval of the Village Clerk, in the case of emergencies, such as windstorms, ice storms, or other disasters, may waive the requirements of this Section so that they in no way shall hinder private or public work to restore order in the Village.
Any person who receives a determination or order under this Section from the Village Forester and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Section 1.15, Review of Administrative Determinations, of this Code and Chapter 68, Wis. Stats., to the Village Board within seven (7) days of receipt of the order, and the Village Board shall hear such appeal within thirty (30) days of receipt of written notice of the appeal. After such hearing, the Village Board may reverse, affirm or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The Village Board shall, by letter, notify the party appealing the order or determination of its decision within ten (10) days after the hearing has been concluded. The Board shall file its written decision with the Village Clerk.