ORD20041178.
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1178
AN ORDINANCE TO AMEND CHAPTER 37, SECTION 37.08(1),
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Maintenance of Trees on Private Property)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS: .
SECTION 1: Chapter 37, Section 37.08 (1), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
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 welf~re of persons or property in
any City-owned area 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 persons or property in any City-owned
area, 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 public
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 to endanger persons or property in any City-owned area 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 persons or property in any City-owned area, or harbors insects or
disease which constitutes a potential threat to other trees within the City shall
be declared a public nuisance.
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Ordinance # 1178 Page 2
SECTION 2: 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 3: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 24th DAY OF ,2004. AUQust
CITY OF MUSKEGO
IJ/(Jð1,~~ Mark A. Slocomb, Mayor
First reading: 8/10/04
Published this 2nd day of September, 2004