The following shall constitute a public nuisance:
(A) Any living or standing elm tree or part of an elm tree infected to any degree with the Dutch Elm Disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylurgopinus Rufipes (Marsh). All trees will be marked in a manner that will distinguish between high risk and low risk trees. A "high risk" tree is an elm which is dead (with bark firmly attached), leafless, rapidly dying with more than 30% leaf wilt by June 25 or more slowly dying trees that have 30% or more wilt. A "low risk" tree is an elm which is dying slowly (wilt may start in June but does not spread to more than 30% of the crown during the growing season), or infected late in the growing season and does not reach 30% crown wilt;
(B) Any dead elm tree or part of a dead elm tree from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide;
(C) Any living or standing northern red oak (Quercus Rubra), northern pin oak (Quercus Ellipsoidalis), black oak (Quercus Velutina), or scarlet oak (Quercus Coccinea) or parts of those trees infected to any degree with the Oak Wilt Disease fungus Ceratocystis Fagacearum or which harbors any insects or other agents identified by the Commissioner of the Minnesota Department of Agriculture as an oak wilt spore carrier (overland spread);
(D) Any dead oak tree of the above-mentioned species or parts of those trees which has not been effectively treated, as defined by the Commissioner of the Minnesota Department of Agriculture, to reduce spore mat formation of the oak Wilt fungus Ceratocystis Fagacearum.
(Am. Ord. 121, passed 9-16-1991)