[HISTORY: Adopted by the Common Council of
the City of Rice Lake as Title 6, Chapter 4 of the Code of Ordinances;
amended 9-12-1994 by Ord. No. 782 and 11-1-1994 by Ord. No. 782-1.
Subsequent amendments noted where applicable.]
A.
Intent and purpose. It is the intention of this chapter
to sustain environmental health and enhance the economic well-being
of the neighborhoods of the city through aesthetics of beauty, tranquility
and integrity by promoting the planting and maintenance of trees and
shrubs on both public and private property. This chapter establishes
policy for an orderly, cost-effective system of achieving its intent
with a minimum of danger or damage to persons, buildings, streets,
curbs, sidewalks, overhead wires and all underground utilities. It
also guards against the spread of disease and the damage or unnecessary
removal of trees and shrubs of either the public or private sector.
B.
The program goal is to maintain eligibility for annual
recertification as a recognized "Tree City, USA."
C.
It is the policy of the city to maintain a flourishing
urban forest.
D.
The provisions of this chapter shall apply to all
public trees and shrubs within the City of Rice Lake unless otherwise
specified.
Whenever the following words or terms are used
in this chapter, they shall be construed to have the following meanings:
The professional trained men and women who make a career
of caring for the urban forest. Some are self-employed, some work
for tree care companies and others work for municipalities.
The land between the street curbing and sidewalk. Where there
is no sidewalk, the area between the property line and the paved or
traveled portion of the street shall be deemed to be a boulevard.
[Amended 7-22-2008 by Ord. No. 08-14]
The City of Rice Lake, Wisconsin.
A triangle formed by the two intersecting rights-of-way and
a third line connecting a full-view zone 20 feet from intersecting
corners of streets and parking lot entrances. On both sides of a private
driveway or alley the clear sight triangle is reduced to 10 feet of
the property lines.
"Boulevard area" also refers to the center or median boulevard
on center boulevard streets.
A person, firm, association or corporation.
Includes all public parks and other lands owned, controlled
or leased (unless otherwise noted as a part of the agreement) by the
city.
Any tree or shrub or part thereof which, by reason of its
condition, interferes with the use of any public area; is infected
with a plant disease; is infested with injurious insects or pests;
is injurious to public improvements; or endangers the life, health,
safety or welfare of persons or property.
All trees and shrubs located or to be located in or upon
public areas.
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
The practice of cutting back large-diameter branches of a
mature tree to stubs.
Any woody plant normally having one stem or trunk bearing
its foliage or crown well above ground level to heights of 16 feet
or more.
Trimming (pruning) by an arborist shall be accomplished according
to current technical specifications of the National Arborist Association.
Trees planted in the urban areas subjected to the alterations
in the soil and other stresses resulting from the activities of urban
life.
A.
The Board of Parks, Recreation and Cemeteries shall
carry out the provisions of this chapter. It may designate one or
more of its own employees to perform the duty of Forester under W.S.A.
ch. 27 and authorize such Forester to perform the duties and exercise
the powers of the Board imposed by this chapter.
B.
The City Forester shall be properly trained and responsible
to the Director of Parks, Recreation and Cemeteries. In carrying out
the duties of this chapter, the Forester shall have the power to enforce
rules, regulations and specifications concerning the trimming, spraying,
removal, planting, pruning and protection of trees, shrubs, vines,
hedges and other plants upon the right-of-way of any street, alley,
sidewalk, park or other public place in the City.
The City Forester or any trained representative
may enter upon private premises at all reasonable times after 10 days'
written notification to the owner at the last known address for the
purpose of examining any tree or shrub located upon or over such premises
to carry out the provisions of this chapter.
No person shall interfere with the City Forester
or any trained representative while he is engaged in carrying out
work and activities authorized by this chapter.
A.
There is hereby created a Citizens Tree Management
Advisory Board which shall serve in an advisory capacity to the Department
of Parks, Recreation and Cemeteries, City of Rice Lake. The Board
shall advise the City on all matters pertaining to tree and landscape
planning, maintenance and development in the City of Rice Lake. The
Board shall consist of seven members appointed by the Board of Parks,
Recreation and Cemeteries to be composed of the following: one member
from the Board of Parks, Recreation and Cemeteries and six additional
members representing the various civic groups and/or citizens of the
Rice Lake area. Each Board member will serve a three-year period,
except that the initial Board shall serve staggered terms of office
as determined by the Board of Parks, Recreation and Cemeteries. Board
members shall serve without compensation. In the event that a vacancy
occurs, the successor shall be appointed by the Mayor or the Board
of Parks, Recreation and Cemeteries to fill the unexpired portion
of the term.
B.
Removal of a Citizens Tree Management Advisory Board
member will be by the majority consent of the Board members with consent
of the Board of Parks, Recreation and Cemeteries. Vote will be by
roll call vote. Reasons for removal may include (but shall not be
limited to) conflict of interest and lack of meeting attendance or
participation.
A.
The entire cost of abating any public nuisance or
spraying trees as defined herein shall be charged to and assessed
against the parcel or lot in which such tree is located or the parcel
or lot upon which such tree stands in accordance with W.S.A. ss. 66.0701,
66.0703 or 27.09. The cost of abating any such nuisance or part thereof
which is located in or upon any park, public area or boulevard (other
than trimming) shall be borne by the City.
[Amended 7-22-2008 by Ord. No. 08-14]
B.
The cost of treating or removing any tree or part
thereof that is declared dangerous, nuisance, diseased or dead which
is located in or upon private premises, when removed under the supervision
of the Forester, shall be assessed to the property owner.
(1)
The Forester or trained persons designated by the
Forester shall keep an accurate account of costs and forward the charges,
including a description of the work, land description and the name
and address of owner, to the Director of Parks, Recreation and Cemeteries.
(2)
The Director of Parks, Recreation and Cemeteries will
forward a complete copy of the assessment to the City Clerk-Treasurer
for processing and billing.
(3)
The City Clerk-Treasurer shall mail notice of the
assessment to the private property owner at the last known address,
stating that unless paid within 30 days such assessment will be entered
on the tax roll as a special assessment against the property, and
all proceedings in relation to the collection, return and sale of
property for delinquent real estate taxes shall apply to such assessment.
(4)
The private property owner reserves the right to a
public hearing if requested within five days after receiving the assessment.
(5)
The City hereby declares that in making assessments
under this section it is acting under its police power, and no damage
shall be awarded to any owner for the destruction of any dangerous,
nuisance, diseased or dead tree, wood or part thereof.[1]
[1]
Editor's Note: Former Subsection C, regarding
costs of removal for damage inflicted by the force of nature, added
7-13-1999 by Ord. No. 99-10, which immediately followed this subsection,
was repealed 7-22-2008 by Ord. No. 08-14.
A.
Permit required. No person, except on order of the
City Forester, shall remove any trees or shrubs in the public areas
or boulevards or cause such act to be done by others without written
permit for such work from the City Forester as herein provided. This
includes all persons engaged in the business of cutting or removing
trees or shrubs. This also applies to trees or shrubs removed from
public areas or boulevards for street construction.
[Amended 7-22-2008 by Ord. No. 08-14; 6-14-2011 by Ord. No.
11-07]
B.
Conditions. When an application for a permit is submitted, the City Forester must decide that the proposed work described is in accord with the purpose of this chapter. The Forester must take into account safety, health and welfare and the location of utilities, public sidewalks, driveways and streetlights as well as the goals set forth in § 234-1A.
[Amended 6-14-2011 by Ord. No. 11-07]
C.
Permit exemption. No permit shall be required to cultivate,
fertilize or water trees and shrubs on the property identified as
City boulevards.
D.
Permit form; expiration. Every permit shall be issued
by the City Forester on a standard form which is serial numbered and
includes a description of the work to be done and shall specify the
exact location. Any work under such permit must be performed in strict
accordance with the provisions of this chapter. Permits issued under
this section shall expire six months after the date of issuance. There
is no charge for the permit.
E.
Permits to public utilities.
(1)
A permit may be issued, under this section, to a public
utility to remove, trim, prune, cut, disturb, alter or do surgery
on any public tree or shrub. The desired all-around clearance on primary
conductor lines (7,200 volts) is 10 feet, and secondary conductor
lines require five-foot clearance. The City Forester shall limit the
work to be done to the actual necessities of the utility and may assign
an inspector to periodically review the work done under the provisions
of the permit. The permittee shall adhere to the arboricultural specifications
and standards of workmanship set forth in the permit. The expense
of such inspection or supervision shall be charged to the appropriate
public utility.
(2)
A public utility may secure an annual working agreement
with the City Forester's office which gives the City Forester the
authorization to periodically review the work done associated with
trees and shrubs according to the provisions of the permit.
A.
Planting.
(1)
The permit for planting shall be issued by the Forester
on a standard form which is serial numbered and includes the name,
address and location of the plant site. Permits issued under this
section shall expire six months after the date of issuance. There
is no charge for the permit.
(2)
No person shall plant any tree, shrub or other vegetation
in the public right-of-way boulevard area, median center boulevard
or any other public area without first obtaining a written permit
for such work from the City Forester. The request for such a permit
shall specify the size, species and variety of the tree, shrub or
other vegetation to be planted along with the planting procedure and
shall be submitted to the City Forester for approval 10 working days
before planting. The Department of Parks, Recreation and Cemeteries
shall maintain tree and shrub lists approved by the Common Council.
(3)
There shall be a minimum distance of 18 feet between
boulevard area trees. Mature size and landscape variables must be
considered. Side boulevard trees shall be planted in equal distance
between the sidewalk or proposed sidewalk and the back of the curb
or proposed back of curb.
B.
No person shall plant on any public or private premises situated at the intersection of two or more streets or alleys in the City any hedge, tree, shrub or other vegetation device which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection. The new plantings shall not be allowed in the clear sight triangle as defined in § 234-2.
[Amended 6-14-2011 by Ord. No. 11-07]
(1)
Only
small-statured trees or shrubs are authorized for planting under overhead
utility wires. This applies to both public and private property. Tree
lists are available at the Forester's office.
(2)
Only
shallow root small-statured trees or bushes are authorized for planting
over underground utilities. This applies to both public and private
property. Tree lists are available at the Forester's office.
(3)
The
City Forester retains the right to consult with the property owner
and remove trees or bushes planted without a permit if they violate
these guidelines.
C.
Public projects involving streets, boulevards, parks
and public buildings shall have a landscape plan identifying the proposed
planting and layout of trees and shrubs submitted to the Plan Commission
and the City Forester as a component of the preliminary application.
This plan shall be approved by the City Council previous to the start
of the project. Specific measures shall be taken to include, to the
extent possible, all existing trees as an integral part of the landscape
development.
[Amended 6-14-2011 by Ord. No. 11-07]
D.
Private industry, including manufacturing, commercial
or retail, shall have a landscape plan identifying the proposed planting
and layout of trees and shrubs submitted to the Plan Commission and
the City Forester as a component of the preliminary application. This
plan shall be approved by the City Council previous to the start of
the project. Specific measures shall be taken to include all existing
trees as an integral part of the landscape development.
[Amended 6-14-2011 by Ord. No. 11-07]
A.
To ensure long-lived, high quality shade trees, shaped
for maximum aesthetic appreciation, and to prevent interference with
traffic and utility wires, all newly planted trees in public areas,
including boulevards, shall be trimmed and shaped for five years after
planting.
B.
Trimming (pruning) by professionals of all trees in
public areas, including boulevards, shall be done according to current
technical specifications of the National Arborist Association and
current safety specifications of the American National Standard For
Tree Care Operations, ANSI Z133.1, and shall be approved by the Occupational
Safety and Health Administration (OSHA). The Utilities Department,
City of Rice Lake, recognizes the trimming specifications in the publication
Pruning Trees Near Electric Utility Lines by Alex Shigo, former Chief
Scientist and Pioneering Progress Leader, United States Forest Service,
copyright 1990 or most recent, as the standards for trimming in Rice
Lake. Current publications and specifications are available from the
office of the City Forester.
(2)
In residential areas the trimming (pruning) of trees
on street boulevards adjacent to the residence is the duty and obligation
of the owner. Specifications and procedures are available from the
office of the City Forester.
(3)
The Department of Parks, Recreation and Cemeteries
will maintain all trees, shrubs and lawns on all center boulevards.
(4)
Nothing herein shall obligate either the adjoining
landowner or City to trim trees to accommodate overhead utility lines
along or adjacent to City street rights-of-way.
[Added 7-22-2008 by Ord. No. 08-14]
C.
Trees and shrubs standing in or upon any boulevard
or public area or upon any private premises adjacent to any public
right-of-way or public areas shall be kept trimmed so that the lowest
branches projecting over the public street or alley provide a clearance
of not less than 14 feet. The City Forester may waive the provision
of this subsection for newly planted trees if it is determined that
they do not interfere with public travel or endanger public safety.
The city shall have the right to trim any tree or shrub in the city
when it interferes with the safe use of streets or sidewalks or with
the visibility of any traffic control.
D.
Clearance from the sidewalk to the lower branches
shall not be less than 10 feet. All trees standing upon private property
in the city, the branches of which extend over the line of the street,
shall be trimmed (pruned) so that no branches shall grow or hang over
the line of the sidewalk lower than 10 feet above the level of the
sidewalk.
E.
All cuts above one inch in diameter shall be treated
with a tree wound compound; consult the City Forester.
A.
Dangerous obstructive and infected trees. Any tree
or part thereof on public areas or boulevards, whether alive or dead,
which the City Forester shall find to be infected, hazardous or a
nuisance so as to endanger the public or other trees, plants or shrubs
grown within the City or to be injurious to sewers, sidewalks, or
other public improvements may be removed by the City. Similarly, affected
trees on private property shall be removed, trimmed or treated by
the owner of the property upon which the trees are located. The City
Forester shall give written notice to said owner to remedy the situation,
which notice shall be served personally or posted upon the affected
tree. Such notice shall specifically state the period of time within
which the action must be taken, which shall not be less than six days
nor more than 14 days, unless emergency situations of risk to persons
or property require removal in 24 hours as determined by the City
Forester on the basis of the seriousness or the condition of the tree
or danger to the public. If the owner shall fail to remove, treat
or trim said tree within the time specified, the City shall cause
such action to be performed and the cost of such will be charged to
the property owner as a special assessment.
[Amended 7-13-1999 by Ord. No. 99-10; 7-22-2008 by Ord. No.
08-14]
B.
In cutting down trees located in public and boulevard
areas, the tree must be removed with the root stump grubbed out or
ground out to the depth of at least seven inches below grade measured
in a straight line, normal grade of sidewalk to top of curb. All wood
and debris must be removed from the street prior to the end of each
working day, and all holes shall be filled to normal grade level with
topsoil as soon as practical.
C.
All removed public trees shall be replaced with one
or more trees, except for those which have been removed as a visibility
hazard.
To avoid accepting liability for any personal
injury or property damage caused by trees on private or public property,
nothing in this chapter shall be deemed to impose any liability for
damages or duty of care and maintenance upon the city or upon any
of its officers or employees. The person in possession of public property
or the owner of any private property shall have a duty to keep the
trees upon the property in a safe, healthy condition. Any person who
feels that a tree located, possessed, controlled or owned by him is
a danger to the safety of himself, others or structural improvements
on site or off site shall have obligations to secure around the tree
or support the tree, as appropriate, to safeguard both persons and
improvements from harm.
A.
Damage to public trees. No person shall, without the
consent of the owner in the case of a private tree or shrub or without
written permits from the City Forester in the case of a boulevard
tree, public tree or shrub, do or cause to be done by others any of
the following acts:
(1)
Secure, fasten or run any rope, wire sign, unprotected
electrical installation or other device or material to, around or
through a tree or shrub except to secure leaning or newly planted
trees.
(2)
Break, injure, mutilate, deface, kill or destroy any
tree or shrub or permit any fire to burn where it will injure any
tree or shrub.
(3)
Permit any toxic chemical, gas, smoke, oil or other
injurious substance to seep, drain or be emptied upon or about any
tree or shrub or place cement or other solid substance around the
base of the same.
(4)
Remove any guard, stake or other device or material
intended for the protection of a public tree or shrub or close or
obstruct any open space about the base of a public tree or shrub designed
to permit access of air, water and fertilizer.
(5)
Attach any sign, poster, notice or other object on
any tree or fasten any guy wire, cable, rope, nails, screws or other
device to any tree, except that the city may tie temporary no-parking
signs to trees when necessary in conjunction with street improvement
work, tree maintenance work or parades.
B.
Excavations. All trees on any center boulevards or
other publicly owned property near any excavation or construction
of any building, structure or street work shall be sufficiently guarded
and protected by those responsible for such work as to prevent any
injury to said trees.
A.
The Director of Parks, Recreation and Cemeteries is
hereby charged with the responsibility for the enforcement of this
chapter and may serve notice to any person, partnership, firm or corporation
or other legal entity who or which violates any provision of this
chapter by the institution of legal proceedings as may be required.
Criminal complaints and/or violations of city ordinance shall be turned
over to the Police Department for investigation and forwarded to the
City Attorney or District Attorney for prosecution.
B.
Chapter 177, Peace and Good Order, Article III, Offenses Against Property, §§ 177-17, Destruction of property, 177-26, Damage to public property, 177-27, Disturbing cemetery property, and 177-28, Violations and penalties. In addition to Chapter 1, General Provisions, § 1-20, General penalty, or any other penalty imposed for violation of any section of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the cost of inventoried value or repairing such damaged or destroyed property. The parent or parent of any unemancipated minor child who violates § 177-17 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with the Wisconsin statutes, Chapter 943, Crimes Against Property, ss. 943.01, Criminal damage to property, and 943.012, Criminal damage to religious and other property.
[Amended 1-25-2000 by Ord. No. 00-3]
Any person who receives a determination or order
under this chapter from the City Forester and objects to all or any
part thereof shall have the right to appeal such determination or
order, within five days of the order, to the City Council, and the
appeal shall be filed with the City Clerk-Treasurer within the allotted
time. The City Council shall hear such appeal within 30 days of receipt
of written notice of the appeal. After such hearing the City Council
may reverse, affirm or modify the order or determination appealed,
and the grounds for its decision shall be stated in writing. The City
Council shall, by letter, notify the party appealing the order or
determination of its decision within 10 days after the hearing conclusion
and file its written decision with the City Clerk-Treasurer.
