Chapter 7.112 TREES AND SHRUBS

7.112.010 Trees--trimming.

7.112.020 Trees--Removal of hazardous trees and/or limbs.

7.112.030 Removal of tree by village--Charges to owner.

7.112.040 Trees and shrubs--Location and selection.

7.112.050 Trees at street intersections.

7.112.060 Improperly located trees.

7.112.070 Trees on public grounds--Defacing or removal.

7.112.080 Guards for trees.

7.112.090 Electrical wires and various objects--Support.

7.112.100 Electrical wires--Contact with trees.

7.112.110 Obstruction of street lights or passage.

7.112.120 Violation--Penalty.

7.112.010 Trees--trimming.

All trees standing upon private or corporate property shall have their branches cut or trimmed so that no part thereof shall overhang sidewalks, streets, alleys, parkways, playgrounds, public places, or public highways at a distance less than twelve feet above the sidewalk, street, alley, parkway, playground, or any other public place or highway. (Ord. 97-1474 § 1, 1997)

7.112.020 Trees--Removal of hazardous trees and/or limbs.

The owner or owners of private or corporate property shall be responsible to remove from such tree or trees all dead, decayed, broken, and/or hazardous limbs or branches that may endanger the health, safety and welfare of the general public; or threaten to cause damage to private or public property, and when any of such trees are dead and/or hazardous, shall remove same so that they shall not jeopardize the health, safety and welfare of the general public; or threaten to cause damage to private or public property. (Ord. 97-1474 § 2, 1997)

7.112.030 Removal of tree by village--Charges to owner.

In cases where the property owner fails to remove or trim a tree as required by this chapter and a tree is removed or trimmed by or at the direction of the village, it shall be the duty of the village to cause a statement of charges for such tree removal or trimming and disposal to be sent to such property owner for payment. (Ord. 97-1474 § 3, 1997)

7.112.040 Trees and shrubs--Location and selection.

No person or entity shall do any of the following, without prior written consent of the village or its designated representative;
(1) Plant any ornamental tree or shrub adjacent to any street or parkway of the village;
(2) Plant any tree within twenty-five feet of any corner or street intersection in the village;
(3) Plant any tree adjacent to any street or parkway within thirty-five feet from any other tree adjacent to the same street or parkway;
(4) Plant any tree at a distance less than four feet from the established sidewalk line of any street;
(5) Plant a tree at a distance of less than four feet from any driveway;
(6) Plant any tree at a distance of less than ten feet from any street lamp;
(7) Plant any tree a distance of less than five feet from any water buffalo box, gas meter, or fire hydrant. (Ord. 97-1474 § 4, 1997)

7.112.050 Trees at street intersections.

(a) It is prohibited to plant, relocate or cause to be grown any tree, shrub or the like at or near any intersection of public or private streets within the triangular area described by the two equilateral sides formed by the two intersecting streets with the hypotenuse extending from the two points, fifty feet along each equilateral side from the intersection of the two streets, in order to facilitate a clear and unobstructed view for drivers and pedestrians.
(b) All preexisting trees, shrubs and the like as described in subsection (a) of this section must be trimmed from the ground up by a height of no less than forty-eight inches, to create a clear and unobstructed view for drivers and pedestrians.
(c) In the event the preexisting trees, shrubs or the like, die or are destroyed, no replacement shall be permitted and subsection (a) of this section will become applicable. (Ord. 00-1538 §§ 1--3, 2000)

7.112.060 Improperly located trees.

If any tree hereafter planted on village property at a location other than specified by the village, or shall hereafter be planted in violation of this chapter, the village shall cause the same to be taken up and/or properly set out at the expense of the person responsible for the planting. (Ord. 00-1538 § 5, 2000)

7.112.070 Trees on public grounds--Defacing or removal.

No person shall, without prior written permission from the village, remove, destroy, break, cut, deface, or in any manner injure or interfere with any tree, plant, or shrub that is now or may hereafter be growing adjacent to any sidewalk, street, alley, parkway, playground, public place, or public highway in the village. Any person who damages any tree, shrub, or plant adjacent to any sidewalk, street, alley, parkway, playground, public place, or public highway is responsible for the replacement value or calculated value of the said tree, shrub, or plant as determined by the village. (Ord. 00-1538 § 6, 2000)

7.112.080 Guards for trees.

In the erection, alternation, demolition, and/or repair of any building or structure, the owner or owners thereof shall place such guards around all trees in the parkways or other village property as shall effectively prevent injury to the tree and tree’s root systems. All construction that is done to any building or structure must confirm to the specifications dealing with "construction around trees" as registered and on file with the village or which may be adopted from time to time by the village. (Ord. 00-1538 § 7, 2000)

7.112.090 Electrical wires and various objects--Support.

No person or corporation shall, without prior written permission from the village, attach any electrical wire to a tree now or hereafter growing adjacent to any sidewalk, street, alley, parkway, playground, public place, or public highway in the village. Furthermore, no person or corporation shall attach or place any rope, wire, sign, poster, handbill, or other object onto, into, or around any tree or shrub now or hereafter growing adjacent to any sidewalk, street, alley, parkway, playground, public place, or public highway in the village, or any guard or protection of same without prior written permission from the village. (Ord. 00-1538 § 8, 2000)

7.112.100 Electrical wires--Contact with trees.

Every person or corporation having any wire or wires charged with electricity shall, whenever practicable, securely fasten the same so that such wire or wires shall not come in contact with any tree adjacent to any sidewalk, street, alley, parkway, playground, public place, or public highway in the village. (Ord. 00-1538 § 9, 2000)

7.112.110 Obstruction of street lights or passage.

No tree, shrub, flower, or plant shall be permitted by the owner of private or corporate property to grow in such a manner as to obstruct the rays of light of a public lamp or obstruct the free passage of persons or vehicles passing on any sidewalk, street, alley, parkway, playground, public place, or public highway. Any person or corporation in violation must remove or trim the obstructing vegetation within fourteen days after notification by the village. Any vegetation not removed within fourteen days will be removed by the village and the owner or occupant will be charged for the cost of removal and disposal. (Ord. 00-1538 § 10, 2000)

7.112.120 Violation--Penalty.

Whoever violates any provision of any section in this chapter, in regard to the location or maintenance of any tree or shrub, and after notice by the village shall refuse or fail to properly replant, trim, or remove such tree or shrub, the village may have such work performed, at the expense of the person so in violation. In addition thereto, any person violating any provision of this chapter shall be fined not less than one hundred dollars nor more than seven hundred fifty dollars for each offense. Each day that a violation continues shall be treated as a separate offense. If the fine, court costs and all attorney’s fees are not paid, the cost of abating the violation may be accessed against the property owner in the form of a lien thereon. (Ord. 03-1606 § 2 (part), 2003; Ord. 00-1538 § 11, 2000)