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An Ordinance to repeal and recreate Section 11.13 of the West Allis Revised Municipal Code relating to Parks and Parklands.
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The Common Council of the City of West Allis do ordain as follows:
PART I. Section 11.13 of the Revised Municipal Code is hereby repealed and recreated to read:
11.13 PARKS AND PARKLANDS.
(1) Definition. Parks and parklands shall include all lands currently owned by the City of West Allis that are designated as parks, pocket parks, green spaces or boulevards. Also included in this definition is the terrace area between the curb and sidewalk or, in the absence of a sidewalk, the curb and property line of every street and highway within the City.
(2) Board of Public Works. The Board of Public Works shall govern, manage and control all parks and parklands within the City in accordance with section 27.08 of the Wisconsin Statutes.
(3) Director of Public Works. Under the direction of the Board of Public Works, the Director of Public Works shall have authority to manage, change, improve and maintain said parks and parklands and, subject to the approval of the Common Council, prepare and administer policies and procedures for the preservation and use of City parks and parklands, including, but not limited to, adopting rules of conduct and other regulations and instituting a permit system for use of park facilities.
(4) Trees and Plant Materials
(a) Planting Regulations.
(1) The Forestry Division of the Department of Public Works is responsible for the planting of all trees and other plant material in City parks and parklands in accordance with the policies and procedures of the Department.
(2) The Forestry Division shall determine the location and species of all plant materials planted in City parks and parklands.
(3) The Forestry Division may, at its discretion, remove or cause the removal of any tree or plant material located in City parks or on City parklands deemed inappropriate or hazardous.
(b) Maintenance
(1) The Forestry Division shall be responsible for the maintenance of trees and other plant material on City parks and parklands except as provided herein.
(2) The owner, occupant or person in charge of each lot or parcel of land shall maintain the terrace area between the walk and the curb or, in the absence of a sidewalk, the area between the pavement and the property line.
a. In lawn terrace areas, grass and weeds shall be maintained at a height not to exceed six (6) inches in length. Noxious weeds shall be destroyed as provided in sec. 66.0407(3) of the Wisconsin Statutes. Such areas shall be kept in good condition and repair and free from debris.
b. In paved terrace areas, the pavement shall be kept free and clear of weeds, vegetative materials and debris.
c. If the owner, occupant or person in charge of any property fails to maintain the terrace area abutting their property as provided in paragraphs “a” and “b”, the Director of Public Works or his designated agent, after giving five (5) days written notice to the owner, occupant or person in charge of the property, is authorized to perform the required maintenance. The cost of such maintenance shall be charged against the owner of the property as provided is sec. 66.0703 of the Wisconsin Statutes.
d. In any one calendar year, where, on private property, the Director has authorized required maintenance, as described in (2)c. above, subsequent required maintenance shall not require a five (5) day written notice prior to the Director again authorizing the performance of maintenance on said property.
(3) No person shall plant, cut, prune, or remove any tree or shrub in a City park or parkland or cut, disturb or interfere in any way with the roots of any tree or spray trees or shrubs with any chemical herbicide or insecticide in a City park or parkland, without first receiving permission from the Director of Public Works. Such permission is not required for the use of products associated with the maintenance of turf in the area between the pavement and adjacent property line.
(4) No person shall break or injure any tree or shrub planted in any City park or parkland.