ORD20011070PROPOSED AMENDMENT - b Il-XlO I I
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #I070
AN ORDINANCE TO AMEND CHAPTER I TO REPEAL SECTION 1.05 (6)(g), AND
TO AMEND CHAPTER 10 TO REPEAL SECTION 10.05 AND TO AMEND SECTION
10.06 (5), AND TO AMEND CHAPTER 18 TO REPEAL SECTION 18.60(3)
AND TO CREATE CHAPTER 37 OF
THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (TREES)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1, Section 1.05 (6)(g), of the Municipal Code of the City of Muskego is
hereby repealed, and the subsequent sections of Section 1.05 (6) renumbered accordingly.
SECTION 2: Chapter 10, Section 10.05, of the Municipal Code of the City of Muskego is
hereby repealed, and the subsequent sections of Chapter 10 renumbered accordingly.
SECTION 3: Chapter 10, Section 10.06 (5). of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
10.06 (5) Tree Limbs. All limbs of trees which project over and less than 14 feet above any
public street and over and less than 10 feet over a sidewalk or recreation trail surface.
SECTION 5 4: Chapter 37 of the Municipal Code of the City of Muskego is hereby created to I
read as follows:
37.01 PURPOSE AND INTENT
This Code establishes policies, regulations, and standards necessary to ensure that the City of
Muskego will continue to realize the benefits provided by its urban forest. The provisions of this
chapter are enacted to:
(1) Establish and maintain the maximum practical amount of tree cover on lands in the City of
Muskego.
(2) Maintain trees in a healthy and non-hazardous condition through soun6 arborWture, '', I
(3) Establish and maintain appf cologlcally appropriate diversity in tree species and 1 a. ' I"
,* i
age classes to provide a stable and sustainable urban forest.
-
37.02 SEVERABILITY
Ordinance #IO70 Page 2
invalid, the same shall not affect the validity of the Code as a whole or any part thereof other
Should any part or provision of this Code be declared by a court of competent jurisdiction to be
than the part held to be invalid.
37.03 DISCLAIMER OF LIABILITY
Nothing contained in this Code shall be deemed to impose any liability upon the City, its officers
or employees, nor to relieve the owner of any private property from the duty to keep any tree,
shrub, or plant upon any street tree area abutting his property or under his control in such
condition as to prevent it from constituting a hazard or an impediment to travel or vision upon
any street, park, boulevard, alley, or public place within the City.
37.04 DEFINITIONS
For the purposes of this Code the following words and phrases shall have the specific
meanings as hereinafter defined:
Park Trees - Park trees are herein defined as trees, hedges, shrubs, bushes, and all
other woody vegetation in public parks and cemeteries having individual names, and all
areas owned by the City, or to which the public has free access.
Street Trees - Street trees are herein defined as trees, hedges, shrubs, bushes, and all
other woody vegetation on land lying between rights-of-way lines on either side of all
streets, avenues, or ways within the City.
Tree ToDDing - The severe cutting back of limbs andlor leader to stubs larger than three
inches in diameter within the tree’s crown to such a degree as to remove the normal
canopy and disfigure the tree.
Vision Comer - The space formed by any two existing or proposed intersection street or
alley base setback lines (property lines) and a line joining points on such lines located a
minimum of 30 feet from their intersection. In the case of arterial streets intersecting with
other arterial streets, the comer cutoff distances establishing the triangular vision
clearance space shall be increased from 30 to 100 feet.
37.05 CITY FORESTER
0
City Forester Established. There is hereby established a City Forester for the City of
Muskego. The position may be appointed by the Mayor and confirmed by the Common
Council. The City Forester shall be a person trained in the arts and sciences
of municipal a&wakfearboriculture. < I
Duties of the City Forester. The City Foreste the authority to implement the
rules and regulations of the Arboricultural Specifications and Standards of Practice
governing the planting, maintenance, and removal of trees on the streets or other public
sites in the municipality, and shall direct, regulate, and control the planting, maintenance,
and removal of all trees growing now or hereafter in any public area of the City of
Muskego.
Ordinance #I070 Page 3
0 The City Forester shall cause the provision of this Code to be enforced. In his absence, these duties shall be the responsibility of a qualified alternate designated by the City.
The City Forester shall have the authority and jurisdiction of regulating the planting,
maintenance, and removal of trees on streets and other publicly owned property to insure
safety, maintain the overall health of the urban forest, and preserve the aesthetics of such
public sites.
(a) Supervision. The City Forester reports to the Planning Department Director and shall
have the authority to supervise or inspect all work done under a permit issued in
accordance with the terms of this Code.
(b) Condition of Permit. The City Forester shall have the authority to affix reasonable
conditions to the granting of a permit in accordance with the terms of this Code.
(c) Master Street Tree Plan. The City Forester shall have the authority to formulate a
Master Street Tree Plan with the advice, a hearing, and approval of the City.
37.06 URBAN FORESTRY COMMllTEE
(1) Urban Forestrv Committee Established. There is hereby established an Urban Forestry
Committee for the City of Muskego which shall consist of four citizens and one Alderman
of the City. Committee members shall be appointed by the Mayor and have three year
terms that are rotated so that Committee members' terms do not expire at the same time,
The Committee shall, as soon as practical after the time of appointment, select a
chairman to conduct business on the agendas. The City Forester, Planning Director, or
hidher designee shall serve on the Committee in an advisory capacity. This Committee
shall meet quarterly.
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(2) Duties of the Urban Forestrv Committee:
0
(a) It shall be the responsibility of the Urban Forestry Committee to study, investigate,
counsel, and develop andlor update, and administer a written plan for the care,
preservation, pruning, planting, replanting, removal or disposition of trees and shrubs
in parks, along streets, and in other public places. Such plan will be presented to the
Common Council and upon their acceptance and approval shall constitute the official
comprehensive tree plan for the City of Muskego.
(b) The Urban Forestry Committee, when requested by the Common Council, shall
consider, investigate, pa finding, report, and recommend upon any special matter
or question coming 'ithb e scope of its work. d l
(c) The City Urban Forestry Committee shall develop and maintain a list of desirable
trees for planting along streets in two size classes based on mature height: large trees
for wide planting areas (> 7 feet in width) and no overhead utilities, and small trees for
restricted planting areas (4 to 7 feet wide) and/or overhead utilities. Lists of trees
which are not suitable for planting will also be created by the Urban Forestry
Committee.
Ordinance #IO70 Page 4
37.07 PLANTING OF TREES ON GRASS PLOT BETWEEN ROADWAY AND RIGHT-OF-
WAY LINE
The City shall have jurisdiction, direction, authority, control, and supervision over that part of
every street, the grade of which has been established lying between the lot line and the curb, or
curb line, and trees on any property which may in any way have effect upon public property,
and upon the public welfare of the City of Muskego, and for the planting, care, maintenance,
protection, and removal thereof. The Common Council shall have the authority to make such
rules and regulations as it may deem applicable for carrying out the purpose of this section.
Permit required. No tree shall be planted on the grass plot between the roadway and the
of the property abutting on the frontage thereof, or his authorized agent. Such permit
right-of-way line within the City of Muskego until a permit has been obtained by the owner
shall be obtained from the City Engineer, and shall be issued only after the City Forester
has received a validated application for said permit.
Application for Permit. Application for the permit shall be obtained from the City Engineer
and validated by the City Engineer or City Forester, A separate application and a
separate permit -re required for each tree intended to be planted. I
Compliance with Chapter 17502 (2) F. No application shall be validated or permit issued
unless the provisions of Chapter 175.02 (2) F of the Municipal Code of the City of
Muskego requiring vision clearance on comer lots shall have been complied with.
.. fi”
@/4) Insoection. Final inspection shall be made by the City Forester within a reasonable time
after the date stated on the application as the intended planting date.
(5) Specifications. Applicants for street tree permits must comply with the adopted
specifications for planting.
37.08 MAINTENANCE OF TREES ON PRIVATE PROPERTY
It is the intent of the City of Muskego that the provisions of this section shall apply only to trees,
threaten the lives, health, safety, and welfare of the public or the health of other trees and
hedges, shrubs, or plants growing or hereafter planted in or upon private property which
plants within the City. It is hereby declared to be the policy of the City of Muskego to regulate
or control trees, shrubs, or other like obstructions growing or to be planted in or upon any
private premises which threaten the lives, health, safety, and welfare of the public, the property
owned or controlled by the City, or the health of other trees or plants within the City.
(1) Trees Declared Public Nuisances
Ordinance #IO70 Page 5
(a) Vision Corners. No person shall maintain, plant, or permit to remain on any private
or public premises situated at the intersection of two or more streets or alleys in the
City any tree (including hedges and shrubs) or other like obstruction within the
vision corner of any street or alley intersection which may obstruct the view of the
operator of any motor vehicle approaching such intersection to the extent that such
said intersection. Any such tree, hedge or shrub, or other like obstruction is hereby
operator is unable to observe other vehicles or pedestrians approaching or crossing
declared to be a public nuisance.
(b) Hazardous Trees. Any tree (including hedges and shrubs) or part thereof which the
City Forester, upon examination, shall find to be hazardous so as to be injurious or
to endanger the public or which may cause damage to sewers, curbs, sidewalks, or
other public improvements, whether growing upon public or private premises shall
be declared a public nuisance.
(c) Dead or Diseased Trees. Any dead or diseased trees (including hedges and
shrubs) on public or private property within the City, which constitutes a hazard to
to other trees within the City shall be declared a public nuisance.
life and property, or harbors insects or disease which constitutes a potential threat
Notice to Abate Trees Declared Public Nuisances. Upon determination by the City
Forester or City Engineer that a tree (including hedges and shrubs) constitutes a public
nuisance, the property owner of said nuisance shall be given written notice, either
tree as to abate the nuisance. The notice shall establish a time period for the abatement
personal or by publication, from the City to treat, trim, remove or otherwise control such a
of the nuisance of up to 30 days. as determined by the City Forester, based on the
seriousness of the tree's conditioni and& the danger to public safety. I Qll J/4
Failure to Abate Public Nuisance. Failure to abate the
wDublic nuisance within the time Deriod established in said notice I
shall be deemed a violaiion of this section and the City Forester or City Engineer may
then take measures to abate the nuisance and assess or speciallv charqe the cost hlkr
thereof against the property upon which the hedge, tree or shrub is located. Any property k&,, owner given a notice as twetehehe provided may, by a written notice to the City I
thereof by the City, and he shall have the right to appeal the order to the Board of
Appeals. No damage shall be awarded to any property owner for the destruction of a tree.
[includino hedges and shrubs) or a part thereof pursuant to this section.
dlthln seven days of the notice, PO pone the treatment of removal of the tree or part
(4) Materials Harborinq Insects or Disease. It shall be unlawful for any person to carry or
transport into the City any materials known to be infected with any communicable disease
or insect, which may infect trees. Any such material brought into the City shall be
disposed of by the parties responsible for bringing the diseased or infected materials into
the City in the manner and in a location designated by the City Forester Such materials
may be considered a public nuisance and subject to the provisions of this section.
37.09 MAINTENANCE OF STREET TREES.
(1) Trimmino. Pruninq. and Comer Clearance. The Public Works Superintendent shall take
measures to assure that any tree overhanging any street or right-of-way within the City
Ordinance #IO70 Page 6
e shall be pruned so that branches shall not obstruct the light from any street lamp or
obstruct the view of any street intersection. Trees shall be pruned to provideaM+&b&
hfe&aUe a clear space of fourteen feet (14’) above street surface or ten feet (10’) I
above a sidewalk or recreation trail surface. The Public Works Superintendent shall take
measure to remove all dead, diseased, or dangerous trees, or broken or decayed limbs
which constitute a menace to the safety of the public.
-Tree limbs that grow near high voltage electrical ti?!!
conductors shall be maintained clear of such conductors by the electric utility company of
jurisdiction in Compliance with any applicable franchise agreements
m” .. . . ..
(2) Tree Toppinq. It shall be unlawful as a normal practice for any person, firm. or City
department to top any street tree or other tree on public property.
Trees severely damaged by storms or other causes, or certain trees under utility wires or
other obstruction where other pruning practices are impractical may be exempted from
this Code at the determination of the City Forester,
(3) Removal of Stumps. The Public Works Superintendent shall take such measures to
assure that all stumps of street trees shall be removed below the surface of the ground so
that the top of the stump shall not project above the surface of the ground.
37.10 MAINTENANCE OF PARK TREES.
0 (1) Trimminq and Pruning. The Director of Parks and Recreation shall take measures to
remove all dead, diseased, or dangerous trees, or broken or decayed limbs which
constitute a wexssmto the safety of the public. Tree limbs that grow near high
voltage electrical conductors shall be maintained clear of such conductors by the WtW
-t&electric utility company of jurisdiction in compliance with any applicable
franchise agreements.
I
(2) Removal of Stumps. The Director of Parks and Recreation shall take such measures to
assure that all stumps of park trees shall be removed below the surface of the ground so
that the top of the stump shall not project above the surface of the ground. This provision
does not apply to tree stumps within wooded areas, prairies, and other undeveloped
areas.
37.1 1 INTERFERENCE WITH CITY
It shall be unlawful for any person to prevent, delay or interfere with the City, or any of its
agents. while engaging in and about the planting, cultivating, mulching, pruning, spraying, or
removal of any street trees, park trees, or trees on private grounds, or otherwise following
lawful directions of the Council in compliance with orders as authorized by this Code.
37.12 PENALTY
Any person, firm, company, or corporation who violates,
SGenalty as provided in sec. 25.04 of this Municipal Code.
P any of txtshall be
Ordinance # I070 Page 7
SECTION 6 5: The several sections of this Code are declared to be severable. If any section I
or portion thereof shall be declared by a decision of a court of competent jurisdiction to be
invalid, unlawful. or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the Code which shall remain in full force and effect.
Any other Code whose terms are in conflict with the provisions of this Code are hereby repealed
as to those terms that conflict.
SECTION 7 6: This ordinance shall be in full force and effect from and after its passage and I
publication.
PASSED AND APPROVED THIS DAY OF ,2001
CITY OF MUSKEG0
David L. De Angelis, Mayor
First Reading: * AlTEST,
Cover ordinance published on the
day of ,2001
Clerk-Treasurer
512001
AMENDED
ORDINANCE #I070
AN ORDINANCE TO AMEND CHAPTER 1 TO REPEAL SECTION 1.05 (6)(g), AND TO
COMMON COUNCIL -CITY OF MUSKEGO
AMEND CHAPTER 10 TO REPEAL SECTION 10.05 AND TO AMEND SECTION 10.06 (5),
AND TO CREATE CHAPTER 37 OF
THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (TREES)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as
SECTION 1. Chapter 1 of the Municipal Code of the City of Muskego is hereby amended to
repeal Section 1.05 (6)(g) as adopted by Ordinance #1070.
SECTION 2: Chapter 10 of the Municipal Code of the City of Muskego is hereby amended lo
repeal Section 10.05 and to amend Section 10.06 (5) as adopted by Ordinance #1070.
SECTION 3: Chapter 37 is hereby created and made a part of the Municipal Code of the City of
Muskego as adopted by Ordinance #1070.
SECTION 4: A copy of said Ordinance has been on file in the Office of the City Clerk-Treasurer
and open to public inspection for not less than two weeks prior to the date of this Ordinance and
said Ordinance is hereby incorporated into the Municipal Code of the City.
SECTION 5: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
sections or portion thereof of the ordinance which shall remain in full force and effect. Any other
portion thereof directly specified in the decision, and not affect the validity of all other provisions,
ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed
as to those terms that conflict.
I follows:
PASSED AND APPROVED THIS 12th DAY OF June ,2001
CITY OF MUSKEGO
David L. DeAngelis, Mayor
First Reading: 5/22/01
Published this day of June ,2001
AMENDED
ORDINANCE #I070
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO AMEND CHAPTER 1 TO REPEAL SECTION 1.05 (6)(g), AND
TO AMEND CHAPTER 10 TO REPEAL SECTION 10.05 AND TO AMEND
SECTION 10.06 (5), AND TO CREATE CHAPTER 37 OF
THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (TREES)
I THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
I WISCONSIN, DO ORDAIN AS FOLLOWS:
I SECTION 1. Chapter 1, Section 1.05 (6)(g), of the Municipal Code of the City of Muskego is
hereby repealed, and the subsequent sections of Section 1.05 (6) renumbered accordingly.
SECTION 2: Chapter 10, Section 10.05, of the Municipal Code of the City of Muskego is
hereby repealed, and the subsequent sections of Chapter 10 renumbered accordingly.
SECTION 3: Chapter 10, Section 10.06 (5), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
10.06 (5) Tree Limbs. All limbs of trees which project over and less than 14 feet above any
public street and over and less than 10 feet over a sidewalk or recreation trail surface. 0 SECTION 4: Chapter 37 of the Municipal Code of the City of Muskego is hereby created to
b
I
read as follows:
37.01 PURPOSE AND INTENT
This Code establishes policies, regulations, and standards necessary to ensure that the City of
Muskego will continue to realize the benefits provided by its urban forest. The provisions of this
chapter are enacted to:
(1) Establish and maintain the maximum practical amount of tree cover on lands in the City of
Muskego.
(2) Maintain trees in a healthy and non-hazardous condition through sound arboriculture
(3) Establish and maintain ecologically appropriate diversity in tree species and age classes
to provide a stable and sustainable urban forest.
37.02 SEVERABILITY
Should any part or provision of this Code be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the Code as a whole or any part thereof other
than the part held to be invalid.
Ordinance #IO70 Page 2
37.03 DISCLAIMER OF LIABILITY
Nothing contained in this Code shall be deemed to impose any liability upon the City, its officers
or employees, nor to relieve the owner of any private property from the duty to keep any tree,
shrub, or plant upon any street tree area abutting his property or under his control in such
condition as to prevent it from constituting a hazard or an impediment to travel or vision upon
any street, park, boulevard, alley, or public place within the City.
37.04 DEFINITIONS
For the purposes of this Code the following words and phrases shall have the specific
meanings as hereinafter defined:
(1) Park Trees - Park trees are herein defined as trees, hedges, shrubs, bushes, and all
other woody vegetation in public parks and cemeteries having individual names, and all
areas owned by the City, or to which the public has free access.
(2) Street Trees - Street trees are herein defined as trees, hedges, shrubs, bushes, and all
other woody vegetation on land lying between rights-of-way lines on either side of all
streets, avenues, or ways within the City.
(3) Tree Toppinq - The severe cutting back of limbs andlor leader to stubs larger than three
inches in diameter within the tree's crown to such a degree as to remove the normal
canopy and disfigure the tree.
(4) Vision Corner - The space formed by any two existing or proposed intersection street or
alley base setback lines (property lines) and a line joining points on such lines located a
minimum of 30 feet from their intersection. In the case of arterial streets intersecting with
other arterial streets, the corner cutoff distances establishing the triangular vision
clearance space shall be increased from 30 to 100 feet.
37.05 CITY FORESTER
(1) City Forester Established. There is hereby established a City Forester for the City of
Muskego. The position may be appointed by the Mayor and confirmed by the Common
Council. The City Forester shall be a person skilled and trained in the arts and sciences
of municipal arboriculture.
(2) Duties of the City Forester. The City Forester shall have the authority to implement the
rules and regulations of the Arboricultural Specifications and Standards of Practice
governing the planting, maintenance, and removal of trees on the streets or other public
sites in the municipality, and shall direct, regulate, and control the planting, maintenance,
and removal of all trees growing now or hereafter in any public area of the City of
Muskego.
The City Forester shall cause the provision of this Code to be enforced. In his absence,
these duties shall be the responsibility of a qualified alternate designated by the City.
The City Forester shall have the authority and jurisdiction of regulating the planting,
maintenance, and removal of trees on streets and other publicly owned property to insure
0
Ordinance # I070 Page 3
safety, maintain the overall health of the urban forest, and preserve the aesthetics of such
public sites.
(a) Supervision. The City Forester reports to the Planning Department Director and shall
have the authority to supervise or inspect all work done under a permit issued in
accordance with the terms of this Code.
(b) Condition of Permit. The City Forester shall have the authority to affix reasonable
conditions to the granting of a permit in accordance with the terms of this Code.
(c) Master Street Tree Plan. The City Forester shall have the authority to formulate a
Master Street Tree Plan with the advice, a hearing, and approval of the City.
37.06 URBAN FORESTRY COMMITTEE
(1) Urban Forestry Committee Established. There is hereby established an Urban Forestry
Committee for the City of Muskego which shall consist of four citizens and one Alderman
of the City. Committee members shall be appointed by the Mayor and have three year
terms that are rotated so that Committee members' terms do not expire at the same time.
The Committee shall, as soon as practical after the time of appointment, select a
chairman to conduct business on the agendas. The City Forester, Planning Director, or
hislher designee shall serve on the Committee in an advisory capacity. This Committee
shall meet quarterly.
0 (2) Duties of the Urban Forestw Committee:
(a) It shall be the responsibility of the Urban Forestry Committee to study, investigate,
counsel, and develop andlor update, and administer a written plan for the care,
preservation, pruning, planting, replanting, removal or disposition of trees and shrubs
in parks, along streets, and in other public places. Such plan will be presented to the
Common Council and upon their acceptance and approval shall constitute the official
comprehensive tree plan for the City of Muskego.
(b) The Urban Forestry Committee, when requested by the Common Council, shall
consider, investigate, make finding, report, and recommend upon any special matter
or question coming within the scope of its work.
(c) The City Urban Forestry Committee shall develop and maintain a list of desirable
trees for planting along streets in two size classes based on mature height: large trees
for wide planting areas (> 7 feet in width) and no overhead utilities, and small trees for
restricted planting areas (4 to 7 feet wide) andlor overhead utilities. Lists of trees
which are not suitable for planting will also be created by the Urban Forestry
Committee.
37.07 PLANTING OF TREES ON GRASS PLOT BETWEEN ROADWAY AND RIGHT-OF-
WAY LINE
Ordinance #IO70 Page 4
every street, the grade of which has been established lying between the lot line and the curb, or
The City shall have jurisdiction, direction, authority, control, and supervision over that part of
curb line, and trees on any property which may in any way have effect upon public property,
and upon the public welfare of the City of Muskego, and for the planting, care, maintenance,
protection, and removal thereof. The Common Council shall have the authority to make such
rules and regulations as it may deem applicable for carrying out the purpose of this section.
Permit required. No tree shall be planted on the grass plot between the roadway and the
right-of-way line within the City of Muskego until a permit has been obtained by the owner
of the property abutting on the frontage thereof, or his authorized agent. Such permit
shall be obtained from the City Engineer, and shall be issued only after the City Forester
has received a validated application for said permit.
Application for Permit. Application for the permit shall be obtained from the City Engineer
and validated by the City Engineer or City Forester A separate application and a
separate permit are required for each tree intended to be planted.
Compliance with Chapter 17:5.02 (2) F. No application shall be validated or permit issued
unless the provisions of Chapter 175.02 (2) F of the Municipal Code of the City of
Muskego requiring vision clearance on corner lots shall have been complied with.
Inspection. Final inspection shall be made by the City Forester within a reasonable time
after the date stated on the application as the intended planting date.
Specifications. Applicants for street tree permits must comply with the adopted
specifications for planting.
37.08 MAINTENANCE OF TREES ON PRIVATE PROPERTY
It is the intent of the City of Muskego that the provisions of this section shall apply only to trees,
hedges, shrubs, or plants growing or hereafter planted in or upon private property which
threaten the lives, health, safety, and welfare of the public or the health of other trees and
plants within the City. It is hereby declared to be the policy of the City of Muskego to regulate
or control trees, shrubs, or other like obstructions growing or to be planted in or upon any
private premises which threaten the lives, health, safety, and welfare of the public, the property
owned or controlled by the City, or the health of other trees or plants within the City.
(1) Trees Declared Public Nuisances
(a) Vision Corners. No person shall maintain, plant, or permit to remain on any private
or public premises situated at the intersection of two or more streets or alleys in the
City any tree (including hedges and shrubs) or other like obstruction within the
vision corner of any street or alley intersection which may obstruct the view of the
operator of any motor vehicle approaching such intersection to the extent that such
operator is unable to observe other vehicles or pedestrians approaching or crossing
said intersection. Any such tree, hedge or shrub, or other like obstruction is hereby
declared to be a public nuisance.
(b) Hazardous Trees. Any tree (including hedges and shrubs) or part thereof which the
City Forester, upon examination, shall find to be hazardous so as to be injurious or
0
Ordinance # 1070 Page 5
to endanger the public or which may cause damage to sewers, curbs, sidewalks, or
other public improvements, whether growing upon public or private premises shall
be declared a public nuisance.
(c) Dead or Diseased Trees. Any dead or diseased trees (including hedges and
shrubs) on public or private property within the City, which constitutes a hazard to
to other trees within the City shall be declared a public nuisance.
life and property, or harbors insects or disease which constitutes a potential threat
Notice to Abate Trees Declared Public Nuisances. Upon determination by the City
Forester or City Engineer that a tree (including hedges and shrubs) constitutes a public
nuisance, the property owner of said nuisance shall be given written notice, either
personal or by publication, from the City to treat, trim, remove or otherwise control such a
tree as to abate the nuisance. The notice shall establish a time period for the abatement
of the nuisance of up to 30 days, as determined by the City Forester, based on the
seriousness of the tree's condition andlor the danger to public safety.
Failure to Abate Public Nuisance. Failure to abate the public nuisance within the time
period established in said notice shall be deemed a violation of this section and the City
Forester or City Engineer may then take measures to abate the nuisance and assess or
specially charge the cost thereof against the property upon which the hedge, tree or
shrub is located. Any property owner given a notice as herein provided may, by a written
notice to the City within seven days of the notice, postpone the treatment of removal of
the tree or part thereof by the City, and he shall have the right to appeal the order to the
Board of Appeals. No damage shall be awarded to any property owner for the destruction
of a tree (including hedges and shrubs) or a part thereof pursuant to this section.
Materials Harborinq Insects or Disease. It shall be unlawful for any person to carry or
transport into the City any materials known to be infected with any communicable disease
or insect, which may infect trees. Any such material brought into the City shall be
disposed of by the parties responsible for bringing the diseased or infected materials into
the City in the manner and in a location designated by the City Forester Such materials
may be considered a public nuisance and subject to the provisions of this section.
37.09 MAINTENANCE OF STREET TREES.
(1) Trimminq. Pruninq. and Corner Clearance. The Public Works Superintendent shall take
measures to assure that any tree overhanging any street or right-of-way within the City
shall be pruned so that branches shall not obstruct the light from any street lamp or
obstruct the view of any street intersection. Trees shall be pruned to provide a clear
space of fourteen feet (14') above street surface or ten feet (10') above a sidewalk or
recreation trail surface. The Public Works Superintendent shall take measure to remove
all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a
menace to the safety of the public. Tree limbs that grow near high voltage electrical
conductors shall be maintained clear of such conductors by the electric utility company of
jurisdiction in compliance with any applicable franchise agreements
(2) Tree Topping. It shall be unlawful as a normal practice for any person, firm, or City
0 department to top any street tree or other tree on public property.
Ordinance I# I070 Page 6
0 Trees severely damaged by storms or other causes, or certain trees under utility wires or
other obstruction where other pruning practices are impractical may be exempted from
this Code at the determination of the City Forester
(3) Removal of StumDs. The Public Works Superintendent shall take such measures to
assure that all stumps of street trees shall be removed below the surface of the ground so
that the top of the stump shall not project above the surface of the ground.
37.10 MAINTENANCE OF PARK TREES.
(1) Trimminq and Pruninq. The Director of Parks and Recreation shall take measures to
remove all dead, diseased, or dangerous trees, or broken or decayed limbs which
constitute a threat to the safety of the public. Tree limbs that grow near high voltage
electrical conductors shall be maintained clear of such conductors by the electric utility
company of jurisdiction in compliance with any applicable franchise agreements.
(2) Removal of Stumps. The Director of Parks and Recreation shall take such measures to
assure that all stumps of park trees shall be removed below the surface of the ground so
that the top of the stump shall not project above the surface of the ground. This provision
does not apply to tree stumps within wooded areas. prairies, and other undeveloped
areas.
37.11 INTERFERENCE WITH CITY
It shall be unlawful for any person to prevent, delay or interfere with the City, or any of its
removal of any street trees, park trees, or trees on private grounds, or otherwise following
lawful directions of the Council in compliance with orders as authorized by this Code.
agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or
37.12 PENALTY
Any person, firm, company, or corporation who violates any of the provisions of this chapter,
shall be subject to a penalty as provided in sec. 25.04 of this Municipal Code.
SECTION 5: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the ordinance which shall remain in full force and
effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 6: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 12th DAY OF June ,2001
Ordinance # I070 Page 7
CITY OF MUSKEG0
1 David L. De Angelis, Mayor
First Reading: May 22, 2001
ATTEST.
Cover ordinance published on the 21st
day of June, 2001
lqhu¶dL,
512001
l-
-4
STATE OF WISCONSIN)
Milwaukee County )
) ss.
OffiGialNotice I I
COMMON COUNCIL. CITY OF MUSKEG0 AMENDED
AN ORDINANCE'TO AMEND CHAPTER 1 TO ~
ORDINANCE 11070
REPEAL SECTION 1.05 16)(g1. AND TO AMEND !
CHAPTER 10 TO REPEAL SECTION 10.05'AND
TOAMENDSECTlON10.06(5).ANDTOCREATE
CHAPTER 37 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (TREES1
The Common Council of the City of Mudiego,
Wauherha County. Wisconsin. do ordain 88 foib~s:
SECTION 1: Chapter 1 of the Municipal Code of
the City af Muskega,is-hereby,amendea to~iepal
Section 1.05 l6llg1 as adaptdby Ordinance #1070.
ofthe City ofMuskego is hereby amended to repal
SECTION 2 Chspter'lO ofthiMuoicipal Code
Section 10 05 and to &&d Seaion 10.06 I51 as
adopted by Ordinance n1070.
SECTION 3: Chapter 37 is hereby created ind
made a part of the Municipal Code of ihe Cii).or
Muskego as adopted by Ordinance (11070. ,-
SECTION 4: A copy of said Ordinince has been 4
open to public inspection for not less than .'two !' on file in the Om& of the,Cit)i Clerk-=<ii:?hd j
weekn~prior to the date of this Ordinaooe and said
Ordinance is hereby iimrpoiated ,into, the Muniei- t
pal Code'orthe city : SECTION 5: The sev&l seetiom of this ardi,. #
prtion thereofshall be declared by B dmision 0f.a
nance are declared to be severable. lfany seetian;& 1
court ofcompetent jurisdiction to te +ili&7:Unls+.
lul. or *~nfareeable.s;~deeision shsll apply only
to the specific sectio" or portion thereof directly
specified in the deciiion. and not SIlect the validity
of all other provisioos. sections or portion thereof of
erect. Any other ordmances whoae terms are in
the ordinance which shall remain in full farce and ,
conflict with ,the provisions of this ordinance me
hereby repealed asto those terms that conflict.
June. 2001
PASSED AND APPROVED THIS 12th DAY OF
David L. %gelis. M'syor
CITYOF MUSKEGO
~> -
ATTEST
Clerk Tmasurer
Suzanne Sobczyk being duly sworn, doth depose and
say that she is an authorized representative of The
MUSKEGO SUN, a newspaper
published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed
is a true copy, taken from the said paper, was published
therein on
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Subscribed and sworn to me before ths. .Ad. ,. . , .day
Of. ................. ................ , . ., . , . ., 20.0\. . .w
,Q.U
MY Commission expires. ... Y,-I 3. -0.3
Notary Public, Milwaukee