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1970-029ORDINANCE NO. 0-70--99' AMENDED ORDINANCE - TREES, SHRUBS AND OTHER PLANTS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Ordinance #060 -8 is hereby amended to read as follows: SECTION 1 - DEFINITIONS: TREES: The word trees shall include shrubs which grow higher than ten (10) feet. PUBLIC HIGHWAY: Public Highway is all land lying between the sidewalks, all alleys and all roadways including adajacent municipal property. MUNICIPAL PROPERTY: All property owned by or under the control or jurisdiction of the Village. SECTION 2 - INTERFERENCE: 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. SECTION 3 - AUTHORITY TO PLANT, ETC.: The Village shall have the exclusive right to plant, maintain and control all trees, shrubs and plants planted or to be planted on public highways and municipal property unless written authority otherwise granted from the director of Public Works. SECTION 4 - 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, disturh 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 Director of Public Works. SECTION 5 - HITCHING ANIMALS, ETC.: No person shall hitch any animal to a tree, plant or shrub that is now or may hereafter be growing in any public highway or on any municipal property, 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 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 municipal property without first obtaining a permit from the Director of Public Works. SECTION 7 - DUTY OF PROPERTY OWNERS TO TRIM, ETC.: The owner or person in control of any lot or parcel of land in the Village, upon which any trees are growing shall trim, or cause to be trimmed, the branches thereof, so that the same shall not obstruct the passage of light from any street light in any street, alley or highway in the Village to the adjacent street or sidewalk -2- • and owners shall trim all branches of any tree now or hereafter growing on their premises which overhang any sidewalk, street, alley or public highway, so that there shall be a clear height of 20 feet above the surface of the street, alley or highway unobstructed by branches, and a clear height of eight feet over any sidewalk. Such owners shall also remove from such trees all dead, decayed or broken limbs or branches that overhang such street, alley or highway, and when any of such trees are dead, such owners shall remove the same so that they shall not fall in the street, alley or public highway. Any person who shall fail to comply with any of the provisions of this section within ten (10) days after notice from the Director of Public Works of the particular things to be done under this section shall be subject to the penalties provided in this Ordinance. SECTION 8 - OBSTRUCTION OF VISIONAL INTERSECTION: Notwith- standing the provisions of Section 7 and in addition thereto, every owner or person in control of any tree, shrub, or plant growing on private property shall trim same in order that they shall not obstruct the view of motorists, cyclists, and /or pedestrians at street intersections. Speci fi cal ly , such trees, shrubs, or plants shall in every case conform to the following restrictions: Within a radius of 20 feet from the corner point of the lot nearest the street inter- section, no planted vegetation shall exceed the height of 36 inches above the top of the curb, except for trees, in which case the lowest limb must be at least five feet above the top of the curb or three feet above the top of corner planted shrubs, whichever is higher.. 3 This section shall not apply to trees with a diameter of one foot above ground level of 3 inches or less, provided that not more than two such trees exist in the regulated corner area. Any person who shall fail to comply with the provisions of this Section within ten (10) days after written notice from the Director of Public Wroks of the particular things to be done under this Section shall be subject to the penalties provided in this ordinance. SECTION 9 - DUTCH ELM DISEASE: Tree's of all species and varieties of elm, zelkova and planera affected with the fungus Caratostomella ulmi, as determined by laboratory analysis, are hereby declared to be a public nuisance, and shall be removed within ten (10) days following notification of the discovery of such infection. SECTION 10 - ELM BARK BEETLE: Trees or parts thereof of elm, zelkova or planera in a dead or dying condition that may serve as a breeding place for the European Elm Bark Beetle, Scolytus Multistraiatus, are hereby declared to be public nuisance and it is unlawful for any person owning property whereon the same is situated to possess or keep the same. SECTION 11 - 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 =W from the Director of Public Works. 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 pro= posed to be followed. It shall be the duty of the Director of Public Works or his representative to remove or cause to be removed all trees, shrubs or plants planted in _a public highway or municipal property, when 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 pl ants . SECTION 12 = ENFORCEMENT: The Director of Public Works 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 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. SECTION 13 - REMOVAL OF PUBLIC NUISANCES: The Director of Public Works 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 which may require the removal or such nuisance within ten (10) days following the notice, such removal to be done under the direction of the Director of Public Works or his representative. The notice may further state that unless the nuisance is removed in compliance with the terms thereof within said ten (10) day period, then the Director of Public Works may proceed to remove - 5 - � tr the same and assess the cost thereof against the property owner. Service of the notice may be by personal service or by registered mail to the property address. 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 FIVE DOLLARS ($5.00) nor more than FIVE HUNDRED DOLLARS ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation continues. SECTION 14 - 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 after its passage approval and publication according to law. AYES: NAYS: d ABSENT: PASSED this 17 -at -day of 1970. V 1 age Presi ent ATTEST: illage Cler PUBLISHED: oc j 197D 6 - 3 CERTIFICATE OF PUBLICATION PADDOCK PUBLICATIONS, INC. A Corporation organized and existing under and by virtue of the laws of the State of Delaware, DOES HEREBY CERTIFY That it is the publisher Buffalo Grove Herald. That said Buffalo Grove Herald i a secular newspaper and has been published daily in the Village of _ Buffalo Grove , 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 gen- eral circulation throughout said Village, County and State. I further certify that Buffalo Grove 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 and 5. That a notice of which the annexed printed slip is a true copy, was published in said Buffalo Grove Herald on the _8th day of_ August _ , A.D. 19 74 . IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICA- TIONS, Inc., has caused this certificate to be signed and its corporate seal affix- ed hereto, by FRANCIS E. STITES, its Secretary, at Arlington Heights, Illinois, this 28th _day of__.__ AugUSt _ , A.D. 19 70 . PADDOCK PUBLICATIONS, INC. BY � � Qecretary. 11 v Ordinance 1r O. v- i v-47 AMENDED ORDINANCE — TREES, SHRUBS A'"1) OTHER PLANTS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIi:, ply with the provisions of this Sec- tion within ten (10) days after writ- ten notice from the Director of Pub- lic Works of the particular things to be done under this Section shall be subject to the penalties provided in Ordinance No. 060-8 is hereby nended to read as follows: SECTION 1 — DEFINITIONS: TREES: The word trees shall ln- ude shrubs which grow higher tan ten (10) feet. PUBLIC HIGHWAY: Public High - ay is all land lying between the dewalks, all alleys and all road - lays including adjacent municipal his ordinance. SECTION 9 — DUTCH ELM DIS- EASE: Trees of all species and varieties of elm, zelkova and plan- era affected with the fungus Cara - tostomella ulmi, as determined by laboratory analysis, are hereby de- clared to be a public nuisance, and shall be removed within ten (10) days following notification of the discovery of such infection. MUNICIPAL PROPERTY: Alt stra .)roperty owned by or under the con- publ :rol or jurisdiction of tha Viitage. for SECTION 2 — INTERFERENCE: whe .To person shall hinter, prevent or sesss interfere with the 'agents, servants Dr employees of the Village while RE engaged in carrying ou`, the provi- any sions of this ordinance.. or SECTION 3 — AUTHORITYciTO m PLANT, ETC.: The Village cur have the exclusive right to plant, rec maintain and control all. trees, cat' shrubs and plants planted or to be nat planted on public highways and m:>- pro nicipai property unless written au- shr thority otherwise granted from the pro director of Public Works. the SECTION 4 — PROTECTION Wo mo GENERALLY:.. No person deface, ire prune, cut, molest, break, destroy, spray, repair or do surgery pu work on any tree or part thereof or ty, in any manner interfere with, dis- efi turb or injure any tree, shrub or of ,plant upon a public highway or mu- sh nicipai property; nor shall any g �Ichemical be used for the control of pla insects or any disease or for any other reason; nor shall any person T permit any chemical to seep, drain ch or be emptied on any tree, shrub or th plant now planted or to be planted in a public highway or on municipal re property, from tthe tDirector ofnPublic Fi first Works. SECTION 5 — HITCHING AN'- a MALS, ETC.: No person shall hitch n any animal to a tree, plant or shrub that is now or may hereafter be growing in any public highway or on P any municipal property, nor fasten o to for the purpose of anchorage, any ti wire, rope, chain or cable, nor shall P any person nail, tie or in any other s manner fasten any card, sign, host - er, board or any other article to any s tree, shrub or plant that is now or t may hereafter be growing in any t public highway or on any municipal d property. SECTION 6 — EXCAVATIONS: No person shall excavate any ditch, tunnel or trench within a radius oft ten (1 0) feet from any tree, shrub or plant that is now or may hereafter be growing in any public highway or in any municipal property without first obtaining a permit from the Di- rector of Public Works. SECTION 7 — DUTY OF PROe- ERTY OWNERS TO TRIM, ETC.: The owner or person in control of any lot or parcel of land in the Vil- lage, upon which any trees are growing shall trim, or cause to be trimmed, the branches thereof, so that the same shall not obstruct the passage of light from any street light in any street, alley or highway in the Village to the adjacent street or sidewalk and owners shall trim all branches of any tree now or hereafter growing on their premises w h i c h overhang any sidewalk, street, alley or public highway, so that there shall be a clear height of 20 feet above the surface o' the street, alley or highway unob- structed by branches, and a clear height of eight feet over any side- walk. Such owners shall also re- move from such trees all dead, de- cayed or broken limbs or branches that overhang such street, alley o highway, and when any of such trees are dead; such owners shat remove the same so that they shat not fall in the street, alley or public CTION 10 — ELM BARK ITLE: Trees or parts thereof of zeikova or planera in a dead or g condition that may serve as a ding place for the European Bark Beetle, Scolytus Multi - iatus are hereby declared to be fc nuisance and it is unlawful any person owning property reon the same is situated to pos- or keep the same. ECTION 11 — PLANTING AND 11IOVAL: It shall be unlawful for person to plant any tree, shrub plant upon any public highway or unicipal property until he has se- ed a written permit from the Di- tor of Public Works. The appli- ton for such permit shall desig- e the location, species and ap- ximate size of the tree, plant or ub to be planted and the method posed to be followed. It shall be duty of the Director of Public rks or his representative to re- ve or cause to be removed all es, shrubs or plants planted in a put highway or municipal proper- when such removal shall be ben - cial to the peace, health or safety the public or where such tree, rub or plant is detrimental to the r)wth of adjacent trees, shrubs or SECTION 12 — ENFORCEMENT: he Director of Public Works is arged with the enforcement of is ordinance, and to that end may ter upon private property at all asonable hours for the purpose of specting trees, shrubs and plants. e may remove such specimens as r e required for purposes of an to determine whether or of the same are infected. SECTION 13 — REMOVAL OF UBLIC NUISANCES: The Director Y Public Works or his representa- ve shall give to the owner of thi: remises where a nuisance as de- cribed in this ordinance is found, a written notice of the existence of uch nuisance which may require he removal of such nuisance within en (10) days following the notie -. uch removal to be done under the irection of the Director of Public Works or his representative. The no- tice may further state that unless he nuisance is removed in com- pliance with the terms thereof with- m said ten (10) day period, then the Director of Public Works may pro- ceed to remove the same and assess the cost thereof against the property, owner. Service of the notice may N, by personal service or by registered mail to the property address. In t)•l event the owner does not live on the premises, notice may be sent by of dinary mail to the last known ad- dress of the owner. SECTION 13 — PENALTIES: Am' person violating any provision o' this ordinance shall be fined not less than FIVE DOLLARS ($5.00) ncr more than FIVE HUNDRED DOL- LARS ($500.00) for each offense, anc a separate offense shall be deemed committed on each day during or on which a violation continues. SECTION 14 — EFFECT Ol'. PARTIAL INVALIDITY: Should any, section, paragraph, sentence, clause or phrase of this ordinance be de- clared invalid, the remainder shat' not be affected thereby. SECTION 15 — EFFECTIVE DATE: This ordinance shall be In full force and effect after its pas- sage approval and publication ac- cording to law. 1 AYES: 5; NAYS: 0; ABSENT: 2. 1 PASSED this 17th day of August.. Any person who shall fail to com- ply with any of the provisions of this section within ten (10) days after 'l notice from the Director of Public Works of the particular things to be done under this section shall be sub- . Jett to the penalties provided in this Ordinance. SECTION 8 — OBSTRUCTION OF VISIONAL INTERSECTION: N-lt- withstanding the provisions of Sec Lion 7 and in addition thereto. every owner or person In control of any tree, shrub, or plant growing on pri- vate property shall trim same in or- der that they shall not obstruct the view of motorists, cyclists, and /or pedestrians at street intersections. Specifically, ,such trees, shrubs or plants shall in every case conform to the following restrictions: Within a radius of 20 feet from the corner point of the lot nearest the street intersection, no planted vege- tation shall exceed the height of 36 'inches above the top of the curb, ex- cept for trees, in which case the DONALD J. THOMPSON Village President rTEST : OSALIE L. KASZUBOWSKI illage Clerk Published in Buffalo Grove Herald ug. 28, 1970. LAKE COUNTIES, ILLIIJOIS: ­—varieties of elm,�+zelkova ands plan - era affected with the fungus Cara - Ordinance No. 060.8 is hereby tostomella ulmi, as determined by amended to read as follows: laboratory analysis, are hereby de- SECTION 1 — clared to be a public nuisance, and DEFINITIONS: shall be removed within ten (10) TREES: The word trees shall in- days following notification of the elude shrubs which grow higher discovery of such infection. than ten (10) feet. PUBLIC HIGHWAY: Public High- SECTION 10 — ELM BARK way is all land lying between the BEETLE: Trees or parts thereof of sidewalks, all alleys and all road- elm, zelkova or planera in a dead or ways including adjacent municipal dying condition that may serve as a property. P breeding place for the European MUNICIPAL PROPERTY: All Elm Bark Beetle, Scolytus Multi - property owned by or under the con- straiatus are hereby declared to be trol or jurisdiction of tha Village. public nuisance and it is unlawful SECTION 2 — INTERi EBENC'E: for any person owning property No person shall hinter whereon the same is situated to pos. interfere with the 'agents,rservants sess or keep the same. or employees of the Village while SECTION 11 — PLANTING AND engaged in carrying ou! the BEMOVAL; It shall be unlawful for sions of this ordinance., prove any Person to plant any tree, shrub SECTION 3 — AUTHORITY TO or plant upon any public highway or PLANT, ETC.: The Village shall municipal property until he has se- have the exclusive right to cured a written permit from the D! have and control al] trees, rector of Public Works. The appli- shrubs and plants planted or to be cation for such permit shall desig- Planted on public highways and mu- nate the location, species and aP- nicipal property unless written au- Proximate size of the tree, plant or thority otherwise granted from the shrub to be planted and the method director of Public Works. Proposed to be followed. It shall be SECTION 4 — PROTECTION the duty of the Director of Public GENERALLY: _. No person shall Works or his representative to re- Prune, cut, molest, break, deface, move or cause to be removed all destroy, spray, repair or do surgery trees, shrubs or plants planted in a work on any tree or part thereof or Public highway or municipal proper- n any manner interfere with, des- ty, when such removal shall be ben - turb or injure any tree, shrub or eficth to the peace, health or safety Plant upon a public highway or mu- of the public or where such tree, nicipal property: nor shall any shrub or plant is detrimental to the chemical be used for the control of growth of adjacent trees, shrubs or insects or any disease or for any Plants. other reason: nor shall any person SECTION 12 — ENFORCEMENT: Permit any chemical to seep, drain The Director of Public Works is or be emptied on any tree, shrub or charged with the enforcement of Plant now planted or to be planted this ordinance, and to that end may in a public highway or on municipal enter upon private property at all Property, without first obtaining a ?reasonable hours for the Permit from the Director of Public Inspecting trees, shrubs and plarist Works. He may remove such specimens as SECTION 5 — HITCHING ANI- a r e required for purposes of MALS, ETC.: No person shall hitch analysis to determine whether or any animal to a tree, plant or shrub not the same are infected. that is now or may hereafter be SECTION growing in any public highway or on PUBLIC NUISANCES: The Dir OF any municipal P The Dire•:lor a for the P Property, nor fasten Of Public Works or his represena- Purpose of anchorage, any tive shall give to the owner of thr: wire, rope, chain or cable, nor sball premises where a nuisance as de- any person nail, tie or in any other scribed in this ordinance is found, a manner fasten any card, sign, post_ written notice of the existence of er, board or any other article to any such n may require within nuisance which tree, shrub or plant that is now or the removal of such nuisance may hereafter be growing in ally ten (10) days following the notir•�, public highway or on any municipal such removal to be done under the Property. SECTION 6 — EXCAVATIONS: Works or his repreesentative fThe no- No person shall excavate any ditch, tice may further state that unless ttunnel en (10) or trench within a radius of the nuisance is removed in com- feet from any tree, shrub or Pliance with the terms thereof Frith Plant that is now or may hereafter in said ten (10) day period, then the be growing in any public highway or Director of Public Works ma in any municipal property without ceed to remove the same and assess first obtaining a permit from the Di- the cost thereof against rector of Public Works. owner. Service of the notice may h SECTION 7 — DUTY OF PROs_ by personal service orb re ERTY OWNERS TO TRIM, ETC.: mail to the property address. In th� The owner or person in control of event the owner does not live on the any lot or parcel of land in the Vil- premises, notice may be sent by or lage, upon which any trees are dinary mail to the last known growing shall trim, or cause to be dress of the owner. ad- trimmed, the branches thereof, so SECTION 13 — PENALTIES: Am that the same shall not obstruct the person violating any provision passage of light from any street this ordinance shall be fined not less light in any street, alley or highway than FIVE DOLLARS ($5.00) n,,,. in the Village to the adjacent street more than FIVE or sidewalk and owners sball trim LARS ($500.00) for each f h O HUNDRED seDan,, all branches of any tree now or a separate offense shall be deemed hereafter growing on their premises committed on each day during or on which overhang any sidewalk, w hich a violation continues. street, alley or public highway, so SECTION that there shall be a clear height of PARTIAL INVALIDITY: FFECT OD' 20 feet above the surface o' the section, Should any street, alley or highway unob- or phrase of Paragraph, ordinance Claus' e- structed by branches, and a clear clared invalid, the remainder shay height of eight feet over any side- not be affected thereby. walk. Such owners shall also re SECTION move from such trees all dead, de- DATE - This 15 — EFFECTIVN; cayed or broken limbs or branches full force hand effectcafteralitsbe In ordin that overhang such street, alley or sage approval and Pas - highw,ay, and when any of such cording to law. Publication ac_ remove the same so such hey shall PASSED this 17th day of August. not fall in the street, alley or public 1970. highway. Any person who shall fail to com- DONALD J. THOMPSON ply with any of the provisions of this ATTESTlage President section within ten (SO) days after ROSALIE L. KASZUBOWSHI iotice from the Director of Public VIllage Clerk torrks of the particular things to be Published in Buffalo Grove Herald lone under this section shall be Su b- Aug. 28, 1970. ect to the penalties provided in this SECTION 3 — OBSTRUCTION OF VISIONAL INTE$SECTION: Not- withstanding the provisions of sec- tion 7 and in addition thereto, every owner or person fn control of any tree, shrub, or plant growing on pri- vate property shall trim same in or- er that they shall not obstruct the view of motorists, cyclists, an9 /or id edestrians at street intersections. pecifically such trees, shrubs, or lants shall in every case conform o the followin restrictions: ithin a radius of 20 feet from the orner point of the lot nearest the treet intersection, no planted vege_ ation shall exceed the height of 36 nches above the top of the curb, ex -' cApt for trees, in which case the lowest limb must be at least five feet above the top of the curb or three feet above the top of corner - Planted shrubs, whichever is higher. This section shall not apply to trees ,with a diameter of one foot above ground level of 3 inches or less, pro- vided that not more than two such trees exist in the regulated coiner area.