§ 105.01  DEFINITIONS.
   For the purpose of this chapter, certain terms are defined in this section. When not inconsistent with the context, words used in the present tense include the future tense, words in the singular number include the plural number, and words in the plural number include the singular number.  The word  SHALL is always mandatory and merely directory.  The term PERSON shall mean an individual, partnership, limited liability company, corporation or any other association or its agents.  Terms not defined in this section shall have the meanings customarily assigned to them.
   ACCEPTED STREET TREE LIST.  A list of proven trees deemed adaptable to the street conditions of the City of Hammond. The list is located in the Arboricultural Specifications Manual, which is deemed incorporated by reference into this chapter and referred to as Article 1. The Arboricultural Specifications Manual for the City of Hammond shall remain
   BOUNDARY TREE.
      (1)   A tree that meets 1 or more of the following criteria:
         (a)   The stem of the tree straddles the actual property line between city public property and property;
         (b)   The city and the adjoining property owner have previously agreed that the tree will identify the property boundary; and
         (c)   The city and the adjoining property owner have previously agreed to share the cost of maintaining the tree.
      (2)   BOUNDARY TREE is the common property of both landowners.
   CALIPER.  The diameter measurement of the trunk taken 6 inches above ground level for, up to and including 4-inch caliper size.
   CRITICAL ROOT ZONE.  A circular region measured outward from the tree trunk representing the essential area of the roots that must be maintained or protected for the tree’s survival. Critical root zone is 1 foot in radial distance for every inch of tree DBH; with a minimum distance of 8 feet. For specimen trees, the formula changes to 1.5 feet for every inch of tree DBH.
   CROWN.  The above-ground parts of a tree consisting of the branches, stems, buds, fruits and leaves. It may also be referred as CANOPY.
   DBH.  Diameter breast height, or the diameter measurement in inches of the trunk 4.5 feet above ground level. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.
   DRIP LINE.  A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.
   FLORA.  All trees, shrubbery and other plants which grown to a height of more than 12 inches, but expressly excluding weeks and grasses of all types.
   OWNER-OCCUPANT.  The property owner or the residing occupant with the permission of the property owner.
   PARK TREES.  Trees on city owned park areas.
   PERSON.  Any person, firm, partnership, association, corporation, company or organization of any kind.
   PROPERTY OWNER.  The person owning such property as shown by the County Auditor's Plat of Lake County, Indiana.
   ROOT BARRIER.  An anchored physical device used to stop or divert the growth of tree roots.
   SHRUB.  A woody plant which is characteristically below 20 feet in height and is multi-stemmed supporting the main leafy growth.
   SPECIMEN TREE OR STAND.  Any tree, or grouping of trees, that has been determined by the Park Department to be of high value because of its species, size, age, form, historical significance or professional criteria.
   STREET.  The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
   STREET TREES.  As trees lying on the real estate owned or controlled by the city, excluding the real estate owned or controlled by the City of Hammond Park Department except for an area 15 feet in depth from the pavement edge on either side of any paved through streets within any park.
   TOPPING.  The cutting back of the leading shoot or shoots of major limbs which form the natural canopy of the trees as to disfigure the tree crown.
   TREE.  A perennial woody plant, ordinarily with 1 main stem or trunk, which develops many branches, and which ordinarily grows to a height of 20 feet or more.
   TREE CARE.  The treating, removal, spraying, pruning, and any other tree maintenance or horticultural work intended for the enhancement or preservation of trees and the removal and prevention of any and all damages to any trees caused by tree pests, blights and diseases.
   TREE LAWN.  That part of a street or highway, not covered by sidewalk or other paving, lying within the city’s right-of-way.
   TREES, MEDIUM.  Those capable of attaining a height of 30 to 45 feet at maturity.
   TREES, SMALL.  Those capable of attaining a height of 20 to 30 feet at maturity.
   WHEEL STOP.  A solidly anchored concrete or wooden barrier at least 6 inches in height that is designed to stop the forward motion of a motor vehicle.
(Prior Code, § 105.01)  (Ord. 8031, passed 12-3-1997)