[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk
5-11-1988 as §§ 11.02, 11.03 and 11.05 of the 1988 Code. Amendments
noted where applicable.]
Disposal. Any person or the Department of Natural Resources
engaged in cutting timber or other forest products or clearing a site for
a building, structure or private road right-of-way within the Town shall dispose
of all slash resulting from cutting operations within 100 feet of the center
line of any public highway, common carrier railroad, main branch or main line
logging road or railroad or within 100 feet of the boundary line of an adjacent
owner. For the purpose of this section, an easement or right-of-way held by
a public utility shall be construed as ownership. Areas of unbroken slash
in excess of 320 acres shall be broken up by disposing of the slash for a
distance of 100 feet on each side of any logging road, logging spur, portage
trail or any other convenient line. All slash shall be disposed of within
500 feet of any schoolhouse, town hall, church, summer cottage, resort or
the buildings of any small community or any settler. All dead rampikes, snags
or stubs more than six feet high shall be felled within all such strips heretofore
mentioned and for an additional 500 feet beyond, except in standing timber.
All slash disposal shall be by burning unless the Town Board authorizes disposal
by removal or by lopping and scattering. The disposal of slash, stumps and
the felling of rampikes, snags or stubs shall be done concurrently with the
cutting operation.
Penalty. On failure of the timber owner or cutting operator
to dispose of slash and rampikes, snags or stubs as herein required, the Town
may do the work and the landowner, timber owner, cutting operator, all three
jointly, severally or individually shall be liable to the Town for the cost
of such work, including supervision and transportation of its personnel and
any court costs which may arise. All expense incurred by the Town shall be
certified to the cutting operator, timber owner and landowner by registered
mail at their last known address and shall be paid within 30 days.
Illegal felling. All slash, which during the process
of cutting timber, taking out other forest products or clearing land falls
into or is deposited in any lake or stream shall be immediately removed therefrom
by the timber owner or cutting operator when in the opinion of the Town Board
such removal is in the public interest. If such slash is not removed within
30 days, the Town may do the work and the landowner, timber owner or cutting
operator responsible for such slash shall be liable to the Town, jointly,
severally or individually, for the cost of such work including supervision
and transportation of its personnel and any court costs which may arise.
Any chemical or process which when applied to or near vegetation
inhibits the growth or causes the death of that vegetation shall be considered
a defoliant for the purposes of this section.
Any wire, pipe or other means of aboveground or underground conducting
of electricity, telephonic communication, cable television or other analogous
system shall be considered utility lines for the purpose of this section.
Prohibition. No person, group or business entity, for
itself or by another, shall permit or cause application by spraying, dusting
or other manner of any defoliant for the purpose of clearing an area under
or near utility lines.
The provisions of this chapter shall be enforced by and under the direction of the Town Board. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be subject to a forfeiture as provided in § 1-4 of this Code.
Each day's violation of this chapter shall be considered
a separate and distinct violation thereof for purposes of assessing penalties.
The compliance therewith may be also enforced by injunctional order at the
suit of the Town Board. Such suit for injunction shall be in addition to suit
for penalty.