153 - Custody of shade trees.

§  153.  Custody  of  shade  trees. The town superintendent shall have  control of all shade trees in the town highways of  the  town,  but  not  within  the  limits  of  an  incorporated  village,  and shall prosecute  complaints for malicious injury to, or unlawful acts  concerning  public  shade  trees.  Upon  recommendation of the town superintendent, the town  board of any town may appropriate general town moneys  for  setting  out  and preserving shade trees along the highways of any class in such town;  but  no  tree shall be so set out in a state highway without the consent  in writing of the commissioner of transportation except in a village  of  the first or second class, nor shall any trees be so set out in a county  road without the written consent of the county superintendent, except in  villages of the first and second class. Trees set out in a state highway  under  the  provisions  of this section shall not be removed without the  written consent of the commissioner of transportation. Trees set out  in  a  county road under the provisions of this section shall not be removed  without the written consent of the county superintendent. Trees set  out  in  a  state highway within villages of the first and second class which  tend to make travel or traffic thereon  unsafe  or  hazardous  shall  be  removed  or  their location changed by the proper village autohrity when  such removal or change of location is ordered  by  the  commissioner  of  transportation.