[HISTORY: Adopted by the Common Council of the City of Jefferson 8-6-2002 by Ord. No. 7-02 as §§ 8.08, 10.05, 10.17, 12.11 and 12.20 of the 2002 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 197.
Parks and recreation — See Ch. 204.
Subdivision of land — See Ch. 294.
A. 
Purpose and intent. This section established policies, regulations, and standards regarding planting, maintenance, and removal of trees or shrubs on tree borders, public streets and other public property. The provisions of this section are enacted, but not limited, to:
(1) 
Maintain trees in a healthy and nonhazardous condition through good arboricultural practices.
(2) 
Select, situate and maintain street trees to minimize hazard, nuisance, hardscape damage and maintenance costs.
(3) 
Facilitate the resolution of tree-related conflicts.
(4) 
Establish and maintain diversity in tree species and age classes to provide a stable and sustainable urban forest.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended 5-15-2007 by Ord. No. 6-07]
PARK TREE
Trees or shrubs on land in parkways and public parks having individual names and all areas belonging to the City to which the public has free access as a park.
PUBLIC NUISANCE
Any tree, shrub or part thereof which by reason of its condition and/or situation interferes with the use of the public area; those which jeopardize public health and safety are most commonly declared to be public nuisances.
(1) 
Hazardous trees and trees which obstruct travel or line of sight fall into this category.
(2) 
Trees that harbor disease or insect infestation that may readily spread to adjacent trees; examples: Dutch elm disease and oak wilt, gypsy moth and emerald ash borer, etc.
STREET TREE
Trees or shrubs on land lying between the lot line and the curb or in the median of all boulevards, culs-de-sac and parkways belonging to the City.
TREE TOPPING
Severe cutting back of limbs to remove the normal canopy and disfigure the tree.
C. 
Duties of City Forester. The City Forester shall:
(1) 
Develop and/or annually update the comprehensive management plan and administer a written plan for the care, preservation, pruning, planting/replacement, removal or disposition of street and park trees.
(2) 
Administer an Urban Forestry Plan and this section.
(3) 
Direct municipal tree care operations, including planting, maintenance and removal.
(4) 
Prepare the municipal tree care budget.
(5) 
Seek funding from state, federal and other granting agencies.
(6) 
Enforce the provisions of this section.
(7) 
Perform whatever acts are necessary, including the planting and maintenance of trees and the removal of undesirable trees and shrubs located on City-owned property, to ensure that all trees and shrubs located on City-owned property conform to the Urban Forestry Plan, the Arboricultural Specifications Manual and this section.
D. 
Tree species to be planted. The City Forester develops and maintains a list of desirable trees for planting along streets in three size classes based on mature height: small trees (under 20 feet), medium trees (20 to 40 feet) and large trees (over 40 feet). A list of trees not suitable for planting will also be created. The Forester may approve any other tree species not on this list, in his/her discretion, and may add or delete any species listed. The following enumerated species of trees or such other trees as may be subsequently approved by the Parks and Recreation Commission or Common Council are acceptable to plant on the tree terraces in the City of Jefferson with approval by the Forester:
[Amended 10-18-2005 by Ord. No. 17-05]
(1) 
Approved large trees (40 feet to 100 or more feet) (tree terrace width eight feet or more):
Common Name
Scientific Name
Sugar Maple
Acer saccharum
Common Hackberry and cultivars
Celtis occidentalis
Green Ashes: Summit, Patmore
Fraximus Pennsylvanica
Gingko
Gingko Biloba
Kentucky Coffeetree
Gymnocladus diocus
White Oak
Quercus Alba
Swamp White Oak
Quercus Bicolor
Bur Oak
Quercus macrocarpa
Red Oak
Quercus rubra
English Oak
Quercus Robur
Baldcypress
Taxodium Distichum
Redmond Linden
Tilia Americana "Redmond Linden"
Greenspire Linden
Tilia cordata "Greenspire"
Chancellor Linden
Tilia cordata "Chancellor"
Glenleven Linden
Tilia cordata "Glenleven"
Horizon Elm
Ulmus Hybrid "New Horizon"
Regal Elm
Ulmus Hybrid "Regal"
(2) 
Approved medium trees (for tree terraces six feet to eight feet wide):
Common Name
Scientific Name
Amur corktree
Phellodendron amurense
Sargent Cherry
Prunus Sargentii
Canadian Red Cherry
Prunus virginiana "Schubert Select"
Hophornbeam
Ostrya virginiana
(3) 
Approved small trees (for tree terraces four feet to six feet wide):
Common Name
Scientific Name
Amur Maple — "Tree form"
Acer ginnala
Thornless Cockspur Hawthorn
Crataegus crus-galli vaninermis
Japanese Flowering Crabapple
Malus floribunda
Professor Sprenger Crabapple
Malus "Professor Sprenger"
Prairiefire Crabapple
Malus "Prairiefire"
Red Baron Crabapple
Malus "Red Baron"
Red Jewel Crabapple
Malus "Red Jewel"
Sentinel Crabapple
Malus "Sentinel"
Snowdrift Crabapple
Malus "Snowdrift"
Japanese Tree Lilac
Springa reticulata "Ivory Silk"
(4) 
Restricted species. These species compose too large of a percentage of the street tree population at the present time:
Common Name
Scientific Name
Norway maples (all)
Acer Platanoides sp.
Autumn Blaze
Cleveland
Crimson King
Deborah
Emerald Lustre
Emerald Queen
Erectum
Globosum
Schwedleri
Summershade
Green Ash
Fraxinus Americana
Honeylocusts (all)
Gleditsia tricanthos inermis
Imperial
Moraine
Shademaster
Skyline
(5) 
Prohibited trees, listed in the Urban Forestry Plan as "Unsuitable Street Trees":
Common Name
Scientific Name
Fir Species
Abies sp.
Box elder
Acer negundo
Silver Maple
Acer saccharinum
Birch
Betula sp.
Catalpa
Catalpa sp.
Juniper
Juniperus sp.
Mulberry
Morus sp.
Spruce
Picea sp.
Pine
Pinus sp.
Black Locust
Robinia sp.
Willow
Salix sp.
American Elm
Ulmus "non-resistant"
Poplar
Populas
E. 
Planting requirements. Planting requirements are determined by the City Forester.
F. 
Responsibilities of property owners regarding maintenance and corner clearance.
(1) 
It shall be the duty and responsibility of all property owners to maintain and water recently transplanted and mature City trees whenever landscaping of the property is changed in such manner as to deprive the tree of its normal source of moisture. Such watering shall be continued during dry weather until the street tree becomes acclimated to the new environment but need not exceed three years. All watering requirements shall be waived to the extent they are inconsistent with governmental restrictions on water use.
(2) 
The owner or occupant of any lot or parcel of real estate in the City shall, upon 10 days' written notice from the City Forester, trim and remove so much of the branches of trees thereon as will give a clear space of eight feet between the sidewalk and the lowest branch of such tree or trees above such sidewalk, and more than 12 feet between the street and the lowest branch of such tree or trees above such street a distance of four feet from the curb, and prune any tree or shrub which extends onto City 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. If such owner or occupant shall fail to cut away and remove the offending branches within 10 days of such written notice, said City Forester shall cause said branches to be cut away and removed and he shall report the cost of doing such work to the City Clerk/Treasurer, and such cost shall be a legal charge and lien against such lot or parcel upon which the trees are standing and shall be entered in the tax roll as a special charge against such real estate and shall be collected in the manner in which taxes against real estate are collected.
G. 
Utilities. No street trees other than those listed as small trees in Subsection D of this section may be planted within five feet of any overhead utility pole trees, and street trees must not exceed 25 feet at full tree height. Tree limbs that grow near high-voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements. A utility tree trimming policy must be reviewed by the utility company and City Forester prior to any trimming by the utility company, and recognized standards should be adhered to.
[Amended 10-18-2005 by Ord. No. 17-05]
H. 
Tree topping prohibited. It shall be unlawful as a normal practice for any person, firm or City department to top any street tree, park tree or other tree on public 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 section at the determination of the Parks and Recreation Commission.
I. 
Permit required for planting trees in the public right-of-way. All trees planted in the public street or sidewalk area shall be located and planted under the supervision of the City Forester. All trees planted in accordance with developers' agreements will be authorized by the City Forester prior to planting. Whenever any tree is planted or set out in conflict with the provisions of this section, it shall be lawful for the City Forester to remove or cause removal of the same. The cost of removal of such tree may be charged to the property owner responsible for the planting thereof.
J. 
Abatement of hazards and public nuisances. Upon determination by the City Forester or Director of Public Works/Engineer and his assignee that such a private tree or shrub constitutes a public nuisance, he shall give written notice to the owner of the property upon which said nuisance exists to trim, remove, or otherwise control such tree or shrub in such a manner as will abate such nuisance. Failure to comply with such written notice within 10 days thereafter shall be deemed a violation of the provisions of this section, and the City may proceed to seek abatement of the nuisance or may proceed under Subsection L.
K. 
Appeals. Any action of the City Forester may be appealed to and heard by the Parks and Recreation Commission. To be effective, an appeal must be filed within 10 days after the decision of the City Forester. The appeal shall be in writing and shall be filed with the Forester for placement on the Commission's agenda. The appeal shall clearly specify the reasons for which a hearing is requested. After a hearing, the Parks and Recreation Commission shall render its decision, which shall be final unless appealed to the Common Council. To be effective, an appeal to the Common Council must be in writing and state the reasons for the appeal and must be filed with the City Clerk/Treasurer within 10 days after notice of the decision of the Parks and Recreation Commission is mailed to the applicant. The decision of the Common Council shall be final.
[Amended 10-18-2005 by Ord. No. 17-05]
L. 
Penalty for violation. Any person, partnership, firm, corporation, or other legal entity who or which violates any provision of this section shall be subject to a forfeiture of not more than $1,000. All such violations which are of a continuing nature shall constitute a separate offense for each day of such continuance. Any violation of this section shall also constitute a public nuisance and may be enjoined and abated as provided by law.
M. 
Enforcement. The City Forester is hereby charged with the responsibility for the enforcement of this section and may serve notice to any person in violation thereof or institute legal proceedings as may be required, and the City Attorney is hereby authorized to institute appropriate proceedings to that end.
[Amended 10-18-2005 by Ord. No. 17-05; 5-15-2007 by Ord. No. 6-07]
A. 
Public nuisance: any tree or shrub or part thereof located upon any public or private property, which by reason of its condition obstructs reasonable and comfortable use of property, is infected with an infectious plant disease, is infested with injurious insects or pests, is injurious to public improvements, is dead or cannot substantially support foliage or endangers the life, health or safety of persons or property.
B. 
Nuisances prohibited. No person shall permit any public nuisance as defined in Subsection A to remain on any premises owned or controlled by him within the City.
C. 
Inspection. The City Forester shall inspect or cause to be inspected all premises and places within the City at least twice each year to determine whether any public nuisance as defined in Subsection A exists thereon and shall also inspect or cause to be inspected any trees.
D. 
Abatement of nuisances.
(1) 
If the City Forester, upon inspection and examination, determines that any public nuisance as herein defined exists in or upon any public street, alley, park or other public place and that the danger to other trees within the City is imminent, he shall immediately cause it to be removed and burned or otherwise abate the same in such manner as to destroy or prevent as fully as possible the spread of disease or the insect pests or vectors known to carry such disease fungus.
(2) 
If the City Forester determines with reasonable certainty that any public nuisance as herein defined exists in or upon private premises and that the danger to other trees within the City is imminent, he shall immediately serve upon the owner of such property, if he can be found, or upon the occupant thereof a written notice to abate such nuisance within five days of the service of said notice. If such owner or occupant does not abate said nuisance within the time limit, the City Forester shall cause the same to be abated. No damage shall be awarded to the owner for destruction of any tree, wood, or any part thereof, pursuant to this section.
(3) 
If the City Forester is unable to determine with reasonable certainty whether or not a tree in or upon private premises is infected with a disease, he shall forward specimens from said tree for diagnosis and report to the Wisconsin Department of Agriculture in Madison, Wisconsin, and shall proceed as provided in Subsection D(2) upon receipt of a positive report from the Department.
(4) 
In all cases where the City Forester shall determine upon inspection that any public nuisance as defined herein exists in or upon any public or private premises but that the danger to other trees within the City is not imminent because of dormancy, he shall make a written report of his findings to the Common Council and shall proceed as provided in § 27.09(4), Wis. Stats.
E. 
Spraying of trees. Whenever it is determined in accordance with Subsection D that any tree or part thereof is infected with disease fungus, the City Forester may cause to be sprayed all high-value trees within a radius of 1,000 feet thereof with an effective insect-destroying oncentrate, provided that such spraying shall be performed prior to July 31.
F. 
Assessment of costs of abatement and spraying.
(1) 
The entire cost of abating any public nuisance as defined herein or of spraying any tree or part thereof may be chargeable to and assessed against the parcel or lot abutting on the street, alley, boulevard or parkway upon or in which such tree is located or the parcel or lot upon which such tree stands. The cost of abating any such nuisance or spraying any tree or part thereof which is located in or upon any park or public grounds shall be borne by the City.
(2) 
The City Forester shall keep strict account of the costs of work done under this section and shall report monthly to the City Clerk/Treasurer all work done for which assessments are to be made, stating and certifying the description of the land, lots, parts of lots or parcels of land and the amounts chargeable to each. The City Clerk/Treasurer shall include in his report to the Common Council the aggregate amounts chargeable to each lot or parcel so reported to him, and such amounts shall be levied and assessed against said parcels or lots in the same manner as other special taxes. Before such assessments are entered on the tax roll, the Common Council shall hold a public hearing on the proposed assessments and shall give advance notice thereof not less than 14 days before the time set for such hearing by publication in the official newspaper.
G. 
Transporting of infected wood prohibited. No person shall transport within the City any bark bearing wood or material without first securing the written permission of the City Forester.
H. 
Interference with City Forester. No person shall prevent, delay or interfere with the City Forester or any of his agents or employees while he is engaged in the performance of duties imposed by this section.
I. 
Penalty. Any person who shall violate any provision of this section or permit or cause a public nuisance shall be subject to a penalty as provided in Chapter 1, Article I of this Code.
A. 
License required.
(1) 
No person shall engage in the business of tree trimming, falling or removal in the City without first obtaining a license to do so.
(2) 
Application for such license shall be on forms furnished by the City Clerk/Treasurer and shall be accompanied by an annual license fee as set by the Common Council.
(3) 
The license shall have a term of one year from the date of issuance and shall not be transferable.
B. 
Liability insurance. No such license shall be issued until the applicant has procured public liability insurance in a company authorized to do business in the state in the amount of $50,000 for any one person injured or killed, a total sum of $100,000 for more than one person injured or killed, and $25,000 for the injury or destruction of any property. Such policy shall be written in accordance with a standard form now in general use.
C. 
Permit required. No person shall trim, fall, or remove any tree in any boulevard, street, or public place in the City without first obtaining a permit from the City Forester.
D. 
Cleanup. Every person engaged in the business of tree trimming shall remove at his expense all branches, limbs and any other debris from any boulevard or public place in the City. All debris must be removed within one week after the work has been completed.
E. 
Revocation. The Mayor may suspend any license for cause, and the license may be revoked by majority vote of the Council after a hearing and on three days' written notice to the licensee.
F. 
Penalty. Any person who shall violate any provision of this section shall be subject to a penalty as provided in Chapter 1, Article I of this Code.