For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INFECTED. A plant that is:
(1) Contaminated with pathogenic microorganisms;
(2) Being parasitized;
(3) A host or carrier of an infectious, transmissible, or contagious pest; or
(4) So exposed to a plant listed in divisions (1), (2), or (3) that 1 of those conditions can reasonably be expected to exist and the plant may also pose a risk of contamination to other plants or the environment.
OWNER. Includes, but is not limited to, the person with the legal right of possession, proprietorship of, or responsibility for the property or place where any of the articles regulated in this chapter are found, or the person who is in possession of, proprietorship of, or has responsibility for the regulated articles.
PERSON. An individual, firm, corporation, partnership, association, trust, joint stock company, or unincorporated organization; the state; a state agency; or a political subdivision.
PUBLIC TREE NUISANCE.
(1) Any living or standing tree infected to any degree with a shade tree disease; or
(2) Any logs, branches, stumps or other parts of any dead or dying tree, so infected, unless such parts have been fully burned or treated under the direction of the Tree Inspector.
SHADE TREE. A woody perennial grown primarily for aesthetic or environmental purposes.
SHADE TREE DISEASE. Dutch elm disease or oak wilt disease.
SHADE TREE PEST. Pests or pathogens affecting the growth and life of shade trees.
TREE INSPECTOR. The Public Works Director shall inspect the trees of the city on an annual basis. The timetable of inspection shall be at the discretion of the Director.
(Prior Code, § 10.20) (Am. Ord. 2007-007, passed 5-7-2007)