For the purpose of this chapter, the following definitions apply:
ABATE
. To put a stop to or put an end to a nuisance.
BUFFER STRIP.
A managed strip of land used to separate differing landscapes and to minimize the impact to adjacent land uses. A buffer strip may include low-growing vegetation and grasses less than eight inches in height, mowed turf-grass, wood chips, rock, landscape edging, trees and shrubs.
CITY MANAGER
. The City Manager or the City Manager's designee.
CITY TREE INSPECTOR
. A person or persons appointed by the City Council who is certified by the Minnesota Commission of Agriculture to plan, direct, and supervise all requirements for controlling shade tree diseases throughout the designated disease control area.
CONTROL
. To destroy the above ground growth of noxious weeds by a lawful method that prevents the maturation of noxious weed propagating parts and their spread from one area to another.
DISEASE CONTROL AREA
. The entirety of Brooklyn Park is designated a disease control area in which this shade tree disease ordinance and control procedures shall be enacted.
DISEASED TREE. Any tree within the disease control area diagnosed with any of the shade tree diseases as defined by the Commissioner of Agriculture.
ERADICATE
. To destroy the above ground growth and the roots of noxious weeds by a lawful method that prevents the maturation of noxious weed propagating parts and their spread from one area to another.
GRASS
. Grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue, rye grass blends, or other similar grasses.
HAZARD TREE
. Any tree with a condition or in a location that constitutes a hazard to life or property.
MANAGED NATURAL LANDSCAPE.
A planned, intentional and maintained planting of native or non-native grasses, wildflowers, forbs, ferns, shrubs or trees, including but not limited to rain gardens, prairie or meadow vegetation, and ornamental plantings.
MEADOW OR PRAIRIE VEGETATION
. Grasses and flowering broad-leaf plants that are native to, or adapted to, the State of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds.
NOXIOUS WEED
. Any plant which is identified by the State Commissioner of Agriculture as a noxious weed pursuant to M.S. § 18.77, Subd. 8 or as a county noxious weed pursuant to M.S. § 18.771(e).
ORNAMENTAL PLANTS.
Grasses, perennials, annuals and groundcovers purposefully planted for aesthetic reasons.
PUBLIC NUISANCE
. Any noxious weed as defined by M.S. § 18.77, Subd. 8, tree, or any other vegetation which endangers public health, safety, or welfare or which is in violation of city, county, state or federal laws.
RAIN GARDEN.
A native plant garden that is designed not only to aesthetically improve properties, but also to reduce the amount of stormwater and accompanying pollutants from entering streams, lakes and rivers.
SHADE TREE DISEASE
. Dutch Elm Disease caused by Ophiostoma ulmi [formally Ceratocystis ulmi] or Oak Wilt caused by Ceratocystis fagacearum or any other disease identified and designated as a shade tree disease by the Minnesota State Commissioner of Agriculture.
SHADE TREE PEST.
Any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by the Commissioner of Agriculture to be harmful, injurious, or destructive to shade trees or community forests.
STREET TREE
. Any tree planted in the public right-of-way.
TREE. Any woody plant, having a single woody trunk(s) and a potential diameter of two inches or more.
TURF-GRASS LAWN.
A lawn comprised mostly of grasses commonly used in regularly cut lawns or play areas (such as but not limited to bluegrass, fescue, and ryegrass blends), intended to be maintained at a height of less than eight inches.
WEED
. Any noxious weed, buffalobur, burdock, common cocklebur, crabgrass, dandelions, jimsonweed, quackgrass, common and giant ragweed, field sandbur, velvetleaf, and wild sunflower. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden.
(‘72 Code, § 1020:00) (Ord. 1998-871, passed 4-13-98; Am. Ord. 2002-973, passed 5-28-02; Am. Ord. 2014-1170, passed 5-27-14)