§ 97.05  DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “CITY-OWNED PROPERTY.
      (1)   Property within the city limits of the City of Noblesville:
         (a)   Owned by the city of fee simple absolute;
         (b)   Implied or expressly dedicated to the public for present or future use for purposes of vehicular or pedestrian traffic, or for public easements; or
         (c)   Owned by the city and dedicated for the purpose of utility easements.
      (2)   Subject exclusions:
         (a)   Excluding the real estate owned or controlled by the Noblesville Parks Department (except for an area on either side of any paved through streets or roadways within any park or recreational facility maintained by the Street Department, 15 feet in depth by parallel lines to the edge of the pavement.
         (b)   Excluding real estate contained within common areas or entry way median (located entirely within the right-of-way of a street) which are intended to serve an aesthetic purpose. Such areas are typically located at the entry (o a subdivision and may include other forms of decorative plantings in addition to trees. This exclusion shall not prevent the city from taking such steps as may be necessary to avoid hazards to the public’s safety and welfare.
   “PERSON.” Any person, firm, partnership, association, corporation, company, or organization of any kind.
   “PROPERTY OWNER.” The owner of record or contract purchaser of any parcel of land.
   “SHALL.” Always mandatory and not merely suggestive.
   “SHRUBS AND OTHER PLANTS.” All vegetation, woody or otherwise, except lawn grass, trees and flowers less than 24 inches in height.
   “STREET TREE.” A tree located on real estate controlled by the city as defined above.
   “TOPPING.” The cutting back of the leading shoot or shoots of major limbs which form the natural canopy of the tree so as to disfigure the tree’s crown.
   “TREE BOARD MEMBER.” A volunteer resident appointed by the Mayor of the City of Noblesville or the Noblesville Common Council. The position will be unpaid.
   “TREE CARE.” The treating, spraying, removal, 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 street trees caused by tree pests, viruses, or diseases.
   “TREE PLANTING AND TREE PRUNING AND REMOVAL SPECIFICATIONS AND STANDARDS OF PRACTICE FOR THE CITY OF NOBLESVILLE (EXHIBIT A, “ARBORICULTURAL SPECIFICATIONS MANUAL”).” A manual prepared by the Urban Forester pursuant to this chapter containing regulations and standards for the planting, maintenance and removal of trees, shrubs and other plants upon city-owned property. A copy of this Manual is available for public inspection in the office of the Clerk-Treasurer during normal business hours.
   “TREE REPRESENTATIVES.” The Urban Forester of the City of Noblesville, or a qualified contractor hired by the City of Noblesville Street Department. The Street Commissioner may designate these duties and responsibilities as the need arises. The Street Commissioner or his or her designated person will assume the responsibilities and duties of the Urban Forester should the position be vacant.
(Ord. 13-3-90, passed 5-14-90; Am. Ord. 17-4-98, passed 5-24-99; Am. Ord. 8-3-09, passed 4-28-09)