This chapter provides the Tree Board full power and authority over all
trees and shrubs located within street rights-of-way, parks, cemeteries, and
other public places in the City and trees and shrubs located on private property
that constitute a hazard, threat or nuisance as described herein.
For the purpose of this chapter, the following terms, phrases, words,
and their derivations shall have the meaning given in this section:
CITY FORESTER
The City Urban Forester who is appointed by the Common Council.
PARKING/PLANTING STRIP
The area between the curb and sidewalk and the area between the sidewalk
and private property line that is City-owned property, unpaved street-side
City property, or an area on private property where an easement is given to
the City for the purpose of planting trees.
PRIVATE TREES
Any and all trees growing on private property within the City limits
as of or after the effective date of this chapter or its successor ordinances
and which are not defined or designated in this chapter as street trees, park
trees or public trees.
PUBLIC NUISANCE
Any tree or shrub or part thereof growing upon private or public
property which is interfering with the use of any public area or infected
with an infectious pest or endangers the life, health, safety or welfare of
persons or property.
PUBLIC RIGHT-OF-WAY
A portion of property reserved for public use and accepted for such
use by the City to provide circulation and travel to abutting properties,
including but not limited to streets, alleys, sidewalks, provisions for public
utilities, cut and fill slopes and public open spaces.
PUBLIC TREES
All trees growing on any street, park or public place owned and/or
managed by the City of Mayville as of or after the effective date of this
chapter or its successor ordinances.
PUBLIC UTILITY
Any public, private or cooperatively owned line, facility or system
for producing, transmitting or distributing communications, power, electricity,
light, heat, gas, oil products, water, wastewater, or stormwater which directly
or indirectly serves the public or any part thereof within the corporate limits
of the City.
TREE TOPPING
The specific reduction in the overall size of a tree and/or the cutting
back of branches or limbs to such a degree so as to remove the normal canopy
and disfigure the tree.
URBAN FORESTRY PROGRAM
The program which is a part of the Department of Public Works and
which is responsible for the care and maintenance of the urban forest resources
located on City property.
The City of Mayville may develop a master street tree plan. The master
street tree plan shall consist of a City-wide, street-by-street written inventory
of existing trees and an evaluation of all space and site factors which will
aid in the determination of new tree species best suited to a particular planting
site in regard to growing habits, shape, form, health, disease and pest resistance,
conflicts with wires, lights, pavement, traffic, pedestrians, sidewalks, environmental
pollution, sewers, space availability, or other factors. The evaluation of
the space and site factors and the species selection for a particular street
shall be made by the City Forester.
No person shall plant, remove, or disturb any public tree on any street, park, or other public place without a permit. The person receiving the permit shall abide by the standards set forth in this chapter. Trees located in street rights-of-way shall be pruned by adjacent landowners in compliance with Chapter
368, Streets and Sidewalks, §
368-6 of this Code.
No tree or other vegetation shall be permitted within a vision clearance triangle established pursuant to Chapter
430, Zoning, §
430-70.
The Tree Board shall have as one of its duties the location, selection
and identification of any trees which qualify as landmark trees. A tree may
qualify as a landmark tree if it meets one or more of the following criteria:
size, species rarity, old age, association with an historical event or person,
abnormality, scenic enhancement, etc.
The City shall have the power to promulgate and enforce rules, regulations
and specifications concerning the trimming, spraying, removal, planting, pruning
and protection of trees and shrubs upon the right-of-way of any street, alley,
sidewalk or other public open space in the City.