For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
ARBORIST. A person with expertise and certification and training in the care of trees.
CALIPER. For the purposes of this chapter, the caliper of a tree shall be determined at 4½ feet from the ground, commonly known as diameter at breast height (DBH).
CITY MANAGER. The appointed or acting City Manager, or his designee.
CONTRACTOR. Any person or entity hired by a private citizen, business, not within the employ of the city, which is hired for the purpose of providing a specific service.
MUNICIPALITY. The City of Montgomery.
PARK. Public parks having individual names and all undeveloped areas with trees, plants and/or vegetation owned by the city.
PLANTS. Plants other than trees or vegetation.
PRIVATE PROPERTY. All real estate within the City of Montgomery except real estate that is owned, leased, controlled or occupied by the City of Montgomery.
PRIVATE TREES. Trees located on private property.
PROPERTY OWNER. Any one or more of the following:
(1) The owner or owners in fee simple of a parcel of real estate, or a life tenant of such realty, if any; or
(2) The record owner or owners as reflected by current records in the Hamilton County Auditor's Office; or
(3) The purchaser or purchasers of such real estate under any contract for the conditional sale thereof.
PUBLIC PLACE. A public place shall mean any park, street, median, developed or undeveloped municipally owned property, or public right-of-way dedicated to the municipality.
PUBLIC RIGHT-OF-WAY. A public easement that extends from the street into a portion of the property on either side of that street or roadway.
PUBLIC TREES. All trees located within publicly owned parks or on municipal properties and those trees located within all public right-of-ways in the city, including street trees.
PUBLIC WORKS DIRECTOR. The Director of the City Department of Public Works, or its successor department.
STREET. A public road or public alley located within the city.
STREET TREES. Trees that abut a street or public place for which the planting site and trunk are located within the public right-of-way.
TREE. Any self-supporting woody plant usually having one main trunk which produces a more or less distinct and elevated head with many branches and a potential caliper or diameter at breast height of two inches or more.
TREE LAWN. That portion of the property lying between the edge of the public right-of-way and the edge of the paved street.
URBAN FOREST. All trees, shrubs and vegetation on public property within the municipality, including the public right-of-way, easements dedicated to the city, street medians, public parks, landscaped municipal properties, nature preserves and undeveloped lands owned by the city.
UTILITY. Any water, sewer, gas, drainage or culvert pipe, electric power, telecommunication signal, communication or cable television conduit, fiber, wire, cable system or operator thereof.
UTILITY PROVIDER. Any natural or corporate person, business association or other business entity, including, but not limited to, a partnership, sole proprietorship, a political subdivision, a public or private agency of any kind, which owns or operates a system supplying and/or carrying a utility.
VEGETATION. Shrubs, bushes and other woody plants that usually remain low and produce shoots or stems from base and are not usually tree-like or single stemmed.
(Ord. 1-2002, passed 1-2-02)