A. Prohibited Acts: It is unlawful for any person to cause damage or destruction to public trees and shrubs by accident or intentionally, except as authorized by prior permission from the city forester. A violation of this chapter shall include, but shall not be limited to, the following acts within the city:
1. To attach any sign, poster, handbill, electrical installation, wire or other device or material to, around or through a public tree or shrub.
2. To permit or cause fire to bum where it may kill or injure any public tree or shrub.
3. To allow any wire charged with electricity to come in contact with any public tree or shrub, or allow any toxic chemical, smoke, oil, gas or other substance that may kill or damage any public trees and shrubs to come in contact with its leaves or roots.
4. To use tree spurs or climbers when working in public trees, except when the tree is being removed.
5. To remove any guard, stake, pole or other device intended for the protection or stabilization of a public tree or to close or obstruct any open space around the base of a public tree designed to permit access to air, water and fertilizer.
6. To erect, alter, repair, raze or move any building, structure or other large object without placing suitable guards, in accordance with section 2-9-8 of this code, around public trees or shrubs which may be injured by such operations. It shall be the responsibility of the owner thereof to adequately repair or replace any public trees and shrubs injured or killed by such operations. If it is found that movement of any tree is necessary to allow for such operations, the cost of the movement shall be borne by the owner of the object.
7. To excavate any ditch, tunnel, hole, trench or place any driveway within a radius of five feet (5') from any public tree or shrub except by those persons under written permit from the city forester or when an emergency situation exists. Any person making any such an excavation will pay the cost of replacement of tree(s) destroyed as the direct result of the excavation, as reasonably determined by the city forester.
8. To top any public tree. "Topping" is defined as a severe cutback of leaders and main scaffold branches to stubs within the tree so as to remove the normal canopy and disfigure the tree. Trees damaged by storms or other causes, or trees under utility lines or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the city forester.
9. To prune oak trees on private or public property from April 15 to September 1, except by written permission from the city forester; provided, however, that the dates may be modified by formal resolution of the urban forestry board after receipt of an oak tree pruning/cutting warning from the state of Wisconsin, department of natural resources. If wounding of oak trees occurs during that time under any circumstances, a nontoxic tree wound dressing must be applied immediately.
B. Repair Or Replacement Cost: The cost of repair or replacement of the damaged or destroyed public trees and shrubs, in accordance with section 9-9-9 of this code, shall be borne by the party causing the damage or destruction. (Ord. 2023-11, 4-3-2023)