(a) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) DEPARTMENT. The Department of Public Service of the City or designated agents for the City.
(2) DEVELOPER. All persons or organizations of any kind engaged in construction or improvements that require site plans or subdivision approval.
(3) LANDMARK TREE. Tree designated by the Tree Commission as meeting the criteria set forth in the ordinance.
(4) PARK. All public parks or properties owned by the City to which the public has free access.
(5) PROHIBITED SPECIES IN TREELAWN OR PUBLIC RIGHT-OF-WAY. Poplar, Hedge-apple, Willow or any member of the "Salix" genus, Cottonwood, Boxelder, Silver Maple, Mulberry, Siberian Elm, Evergreen species, Female Ginkgo, Catalpa species, Tree of heaven, and any other species so determined by the City.
(6) PUBLIC UTILITY. A person, municipal department, board or cormmsston duly authorized to furnish and furnishing under federal, state or city regulations to the public, gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
(7) STREET. Any street, avenue, boulevard, road, land, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown in a plat heretofore approved pursuant to law or approved by official action or, a street or way on a plat filed and recorded in the office of the county register of deeds. A public road includes the land between the property lines, whether improved or unimproved, and may be comprised of pavement, shoulders, gutters, sidewalks, parking areas, and lawns.
(8) TRAFFIC HAZARD. For purposes of this Chapter only, a traffic hazard shall be defined as a tree or shrub that because of its condition poses a hazard so as to impede traffic, risk injury to pedestrians, or damage structures or personal property.
(9) TREE. Trees, shrubs, bushes, and all other woody vegetation, whether potted or not.
(10) TREE COMMISSION. A board appointed by the City Council to assist the Public Service Department with carrying out the provision of this ordinance and fulfilling the requirements of the Arbor Day Foundation goal of tree conservation and maintenance in the City.
(11) TREELAWN. "Treelawn" or "streetlawn" means the portion of a street right-of-way between the edge of the pavement or curb and the sidewalk or where no sidewalk exists, the area between the edge of the pavement or curb and the right-of-way line.
(b) The provisions of this chapter, except as otherwise specifically stated herein, shall apply only to public streets, tree lawns, parkways, parks, cemeteries and other land publicly owned or controlled by the City.
(Ord. 25-13. Passed 3-25-13.)