For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein, when not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
(a) "City" shall mean the City of Brooklyn, Ohio.
(b) “Municipal Forestry Program” shall be synonymous with "City Tree Planting Program" and shall include, but not be limited to: tree planting maintenance and replacement; leaf collection and disposal; community relations activities: information on tree plantings, seedling distributions, Arbor Day observations; and any enforcement of Cty ordinances relating to the City's tree planting program
(c) "Person" shall mean an individual, corporation, the City of Brooklyn and any of its departments, boards or commissions, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity; however, "person" shall not mean the United States, the State of Ohio, or any political subdivision thereof, except the City of Brooklyn.
(d) "Public tree" shall mean a tree located on a street, park or other property owned by the City of Brooklyn.
(e) "Remove" shall mean the cutting down or damaging, whether by deliberate or negligent act or omission, of any tree which causes the tree to die within three years.
(f) "Street" shall mean every public way set aside for travel by whatever word designated, including the area from property line to property line.
(g) “Tree” shall mean:
(1) Any self-supporting woody plant which has a well-defined stem with a diameter of at least four inches at four and one-half feet from the ground.
(2) Any dogwood, redbud or other conspicuously flowering woody plant as designated by the City Forest Manager which has a well defined stem of at least two inches diameter at four and one-half feet from the ground; or
(3) Any small seedling or sapling planted or protected specifically to become a large tree as described in paragraph (1) or (2) above.
(h) “Municipal Forestry Manager” and the "Director of Public Service" shall be synonymous. The duties and responsibilities of the Municipal Forestry Manager shall be carried out by the Director of Public Service, as part of said Director's regular duties and said director shall receive no additional compensation therefor. Responsibilities of the Municipal Forestry Manager shall include, but not be limited to :
(1) Management of the City's forestry program;
(2) Supervision of Public Service Department employees designated as municipal forestry specialists;
(3) Issuing of orders and permits for the planting, maintenance, protection and removal of any tree;
(4) Investigate complaints from any person concerning the planting, maintenance, protection and removal of any tree;
(5) Encourage and foster the planting of trees and other vegetation for the beautification of the City; and disseminate information to the public concerning proper selection and care of trees.
(i) “Municipal Forest Specialist” means the Public Service Department employee(s) appointed by the Director of Public Service to assume responsibility of implementing the City's forestry program as part of said employee(s) regular job duties and such employee(s) shall not receive additional compensation therefor.
(1) Duties of Municipal Forestry Specialist. In addition to such duties as may be imposed by the Director of Public Service, the municipal forestry specialist(s) shall plan, supervise, regulate, control the planting, protection, maintenance, removal and replanting of public trees, and utilize wood and forest products produced in the course of operations.
(j) “Park” shall include all public parks having individual names.
(k) "Public Places" shall include all other grounds owned or under the control of the City of Brooklyn, Ohio.
(l) "Property Line" shall mean the outer edge of a street or highway easement.
(m) "Tree Lawn" is that part of a street or highway, not covered by sidewalk or other paving lying between the property line and that portion of the street or highway used for vehicular traffic, usually the area between sidewalk and curb.
(n) "Property Owner" shall mean the person owning such property as shown by the County Auditor's Plat of Cuyahoga County, Ohio.
(o) "Tree Work" shall include, but not be limited to, planting, maintenance, protection, removal and replacement of trees.
(p) "Dripline" shall mean the approximately circular vertical extension to the ground of the outermost branches and leaves of the tree, as an indication of the spread of the root system.
(Ord. 1984-35. Passed 9-24-84.)