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1960-008Ordinance No. 0 -60 -8 TREES, SHRUBS AND OTHER PLANTS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES. OF THE VIL�,AGE OF BU F F A L O GROVE, COOK COUNTY, IL- LINOIS, SECTION 1— DEFINITIONS TREES: The word trees shall include shrubs which grow higher than ten (10) feet. , PUBLIC HIGHWAY: Pub- lic Highway is all land lying between the sidewalks; and all alleys. MUNICIPAL PROPERTY: All property under the control or jurisdiction of the Village. SECTION .2 — INTERFER- ENCE No person shall hinder, pre- vent or interfere with the agents, servants or employ- ees of the Village while en- gaged fn carrying out the pro- visions of this ordinance. SECTION 3— AUTHORITY ' TO PLANT, ETC. The Village or any d u 1 y designated authority, shall have the right to plant, main- tain and control all trees, shrubs and plants planted or to be planted on public high- ways and municipal property!; SECTION 4 — PROTECTION GENERALLY No person shall prune, cut, molest, break, deface, de- stroy, spray, repair or do sur- gery work on any tree or part thereof or in any manner interfere wit, disturb or in- jure any tree, shrub or plant upon a public highway or mu- nicipal porperty; nor shall any chemical be used for the control of insects or any dis- ease or for any other reason; nor shall any person permit any chemical to seep, drain or be emptied on any tree, shrub or plant now planted or to be planted in a public high- way or on municipal proper- ty, without first obtaining a permit from the Village. SECTION 5 — HITCHING ANIMALS, ETC. No person shall hitch any animal to a tree, plant or. shrub, nor fasten to for the purpose of anchorage, any wire, rope, chain or cable, nor shall any person nail, tie or in any other manner fasten any card, sign, poster, board or any other article to any tree, shrub or plant that is lelm, zelkova or planera in a dead or dying condition that may serve_ as a breeding place for the European Elm Bark Beetle, Scolyt"j Multistriatus, are hereby declared to be pub- lic nuisances and it is unlaw- ful for any person owning property whereon the same is situated to possess or keep the same. SECTION 10— PLANTING AND REMOVAL It shall be unlawful for any person to plant any tree, shrub or plant upon any pub- lic highway or municipal property until he has secured a written permit from the Vil- lage. The application for such permit shall designate the lo- cation; species and approxi- mate size of the tree, plant or shrub to be planted and the method proposed to be follow- ed. It shall be the duty of the Village Forester or his repre- sentative to remove or cause to be removed all trees, shrubs or plants planted in a public highway or municipal property, when in his judg- ment such removal shall be beneficial to the peace, health or safety ' of the public or where such tree, shrub or plant is detrimental to t he growth of adjacent trees, shrubs or plants. SECTION 11 — ENFORCE- MENT The Village Forester is charged with the enforcement of this ordinance, and to that end may enter upon private property at all reasonable hours for the purpose of in- specting trees, shrubs and plants. -He may remove such specimens as are required for purposes of analysis to deter- mine whether or not the same are infected. It shall be un- lawful to prevent the Village Forester or his representative entering on private property for the purpose of carrying out his duties. SECTION 12— REMOVAL OF PUBLIC NUISANCES The. Village Forester or his representative shall, give to the owner of the premises where a nuisance as describ- ed in this ordinance is found, a written notice of the exist- ence of such nuisance requir- ing the removal and burning of such nuisance within ten (10) days following the notice, such removal and burning to growing in any public high way or on any municipa property. SECTION 6— EXCAVATION: No person shall excavatf any ditch, tunnel or trencl within a radius of ten (10; feet from any tree, shrub of plant that is now or may hereafter be growing in any public ) highway or in an y municipal property withoul first obtaining a permit from the Village. SECTION 7—DUTY OF PROPERTY OWNERS TO TRIM, ETC. Every owner of any tree, shrub or plant growing on private property overhanging any public highway or mu- nicipal property shall trim the same in order that they shall not obstruct the light of any street lamp or the view of any street intersection and further so that there shall be a clear space of at least twen- ty (20) feet above the surface of the public highway, side- walk or municipal property. Every owner shall remove all dead, diseased or dangerous trees overhanging any public highway, sidewalk or munici- pal property. Every owner shall remove broken or de- cayed limbs from such trees where the same arena menace to tWsafety of the public. SECTION 8 —DUTCH ELM DISEASE Trees of all species and va- rieties of elm zelkova a n d planera affected with the fun- gus Ceratostomella ulmi, as determined by laboratory an- alysis, are hereby declared to be a public nuisance, and shall be removed and burned within ten (10) days following notification of the discovery of such infection. SECTION 9 —ELM BARK BEETLE Trees or parts thereof of of the Village Forester or his representative. The notice shall further. state that unless the nuisance is removed and burned in compliance with the terms thereof within said ten (10) day period then the Vil- lage will proceed to remove and burn same and assess the cost thereof against the prop- erty owner. Service may be by personal service or by reg- istered mail. In the event the owner does not live on the premises notice may be sent by ordinary mail to the last known address of the owner. SECTION 13 `PENALTIES Any person violating any provision of this . ordinance shall be fined not less than TWO DOLLARS ($2.00) nor more than TWO HUNDRED DOLLARS ($200.00) for each offense, and a separate of- fense shall be deemed com- mitted on each day during or on which a violation contin- ues. SECTION 14 — EFFECT OF PARTIAL INVALIDITY Should any section, para- graph, sentence, clause or phrase of this ordinance be declared invalid, the remain- der shall not be ,affected , thereby. SECTION 15 — EFFECTIVE DATE This ordinance shall be in 'ull force and effect ,ten (10) lays after its posting and /or )ublication according to law. AYES 4; NAYS None. J. L. McGAHAN Acting President HEST: 'AULA D. CLOHESEY Village Clerk PASSED: October 6, 1960. APPROVED: October 6, 960. Published: October 13, 1950 n Wheeling Herald. ORDINANCE NO. 0-60 -$ SHRUBS AND OTHER PLANTS BE IT ORDAIMM BY THE PRESIDENT AND BOARD OF TFOSTEES OF TIM, VILLAGE OF BUFFALO GROVE, COOK COUNTY, ILLINOIS, SECTION 1 - DEFINITIONS TREES: The word trees shall include shrubs which grow higher than ten (14) feet, PUBLIC HIGMUY: Public Highway is all land lying between the sidewalks, and all alleys.. MUNICIPAL PROPERTY: All property under the control or jurisdiction of the Village. SECTION 2 - INTSMHENCE No person shall hinder, prevent or interfere with the agents, servants or employees of the Village while engaged in carrying out the provisions of this ordinance. SECftON - AUTHORITY TO PLANT, ETC. The 'Pillage or any duly designated authority, shall have the right to plant, maintain and control all trees, shrubs and plants planted or to be planted on public highways and municipal property. SECTION k - PROTECTION GENERALLY No person shall prune, cut, molest, break, deface, destroy, spray, repair or do surgery work on any tree or part thereof or in any manner interfere with, disturb or injure any tree, shrub or plant upon a public highway or municipal property, nor shall any chemical be used for the control of insects or any disease or for any other reason; nor shall any person permit any chemical to seep, drain or be emptied on any tree, shrub or plant now planted or to be planted in a public highway or on municipal property, without first obtaining a permit from the Village. SECTION 5 - HITCHING ANIMALS. ITC. No person shall bitch any animal to a tree, plant or shrub, nor fasten to for the purpose cf�ahcborage, any wire, rope, chain or cable, nor shall any person nail, tie-" in any other manner fasten any card; sign, poster, board or any other article to any tree, shrub or plant that is now or may hereafter be growing in any public highway or on any municipal property. SECTION 6 - EXCAVATIONS No person shall excavate any ditch, tunnel or trench within a radius of ten (10) feet from any tree, shrub or plant that is now or may hereafter be growing in any public highway or in any municipall property without first obtaining a permit from the Village. SECTION-7 - DUTY OF PROPERTY O QM TO TM. ETC. • Every owner of any tree, shrub or plant growing on private property over- hanging any public highway or municipal property shall trite the same in order that they shall not obstruct the light of any street lamp or the view of any street intersection and further so that there shall be a clear space of at least twenty (20) feet above the surface of the public highway, sidewalk or municipal property. Every owner shall remove all dead, diseased or dangerous trees overhanging any public highway, sidewalk or municipal property. Every owner shall remove broken or decayed limbs from such trees where the same are a menace to the safety of the public. SECTION 8 - DUTCH E19 DISEASE Trees of all species and varieties of elm, zelkova and planera affected with the fungus Ceratostome7la ulmi, as determined by laboratory analysis, are hereby declared to be a public nuisance, and shall be removed and burned within ten (10) days following notification of the discovery of such infection. SECTION 9 - ELM BARK BEETLE Treys or parts therdof of elm, zelkova or planera in a dead or dying condi- tion that may serve as a breeding place for the European Elm Bark Beetle, Scolytus Multistriatu.s, are hereby declared to be public nuisances and it is unlawful for any person owning property whereon the same is situated to possess or keep the same. SECTION 10 - PLANTING AND REMOVAL It shall be unlawful for any person to plant any tree, shrub or plant upon any public highway or municipal property until he has secured a written permit from the Village. The application for such permit shall designate the location, .species and approximate size of the tree, plant or shrub to be planted and the method proposed to be followed. It shall be the duty of the Village Forester or his representative to remove or cause to be removed all trees, shrubs or plants planted in a public highway or municipal property, when in his judgment such removal shall be beneficial to the peace, health or safety of the public or where such tree, shrub or plant is detrimental to the growth of adjacent trees, shrubs or plants. SECTION 1.1 - ENFCRCE M The Village Forester is charged with the enforcement of this ordinance, and to that end may enter upon private property at an reasonable hours for the`` purpose of inspecting trees, shrubs and plants. He may remove such specimens as are required for purposes of analysis to determine whether or not the same are infected. It shall be unlawful to prevent the Village Forester or his representative entering on private property for the purpose.of carrying out his duties. SECTION 12 - REMOVAL OF PUBLIC NUISANCES The Village Forester or his representative shall give to the owner of the premises where a nuisance as described in this ordinance is found, a written notice of the existence of such nuisance requiring the removal and burning of such nuisance within ten (10) days following the notice, such removal and burning -2- r .. to be done under the direction of the Village Forester or his representative. The notice shall further state that unless the - nuisance is removed and burned in compliance with the terms thereof within said ten (10) day period then the Village will proceed to remove and burn same and assess the cost thereof against the property owner. Service may be by personal service or by registered mail. In the event the owner does not live on the premises notice may be sent by ordinary mail to the last known addrfss of the owmer. SECTION 13 PENALTIES Any person violating provision of this ordinance shall be fined not less than TWO DOLLARS ($2. nor more than TWO TUNDRED DOLLARS ($200.00) for each offense, and_ a separate ,offense shall be ,deemed committed on. each day during or on which a violation continues. SECTION 1A - EFFECT OF PARTIAL INVALIDITY Should any section, paragraph, sentence, clause or phrase of this ordinance be declared invalid, the remainder shall not be affected thereby. SECTION 15 - EFFECTIVE DATE This ordinance shall be in full force and effect ten (10) days after its posting and /or publication according to law. t _ C q'd�� c_ g esi ent ATTF: -age Olerk PASSED: October 6, 1960 AYES Four NAYS Mone APPWW: October 6, 1960 PUBLISHED: October 13, 1960 A.A CERTIFICATE OF PUBLICATION PADDOCK PUBLICATIONS, INC. A Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY That it is the publisher of Wheeling Herald That said Wheeling Herald is a secular newspaper and has been published weekly in the Village of Wheeling_ County of Cook and State of Illinois, continuously for more than one year prior to, on and since the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village, County and State. I further certify that Wheeling Herald is a newspaper as defined in "an Act to revise the law in relation to notices" as amended by Act approved July 17, 1959 —Ill. Revised Statutes, Chap. 100, Para. 1 & 5 ". That a notice, of which the annexed printed slip is a true copy, was pub- lished in said Wbeeling_ Herald , on the 13th day of October A. D. 19--6-0. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLI- CATIONS, INC., has caused this certificate to be signed and its corporate seal affixed hereto, by FRANCIS E. STITES, its Secretary, at Arlington Heights, Illinois, thi15th day of October A. D. 19-6-0. PADDOCK PUBLICATIONS, INC. By ��' Secretary. FORM t- A- 500 -9 -60