For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Palm Bay, the City Manager or his or her designee(s).
CITY TREE DEPARTMENT or DEPARTMENT. The City of Palm Bay Parks and Recreation Department, its respective divisions and personnel, and any designated agent thereof.
MUNICIPAL TREE. Any tree, existing or to be planted on municipally-owned property or property upon which the City has a legal right to plant trees.
PARK. Any developed or designated future municipal park site.
RIGHT-OF-WAY. Any interest in land granted, conveyed, dedicated, or acquired for city purposes, or devoted to vehicular and/or pedestrian traffic. This shall include but not be limited to land in which the city has an easement or to which the city owns fee simple title, or has any type of ownership thereof or interest in any land utilized by the city for vehicular and/or pedestrian traffic or other purposes.
TOPPING. The severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
TREE. Any self-supporting woody plant which has a minimum height of six (6) feet and which is of a species having an average mature spread or crown spread of fifteen (15) feet or greater in area and having trunks which can be maintained in a clean condition with over six (6) feet of clear wood measured from the ground at maturity. In addition, all palms with at least four and one-half (4½) feet of clear trunk between the ground level and the lowest branch are declared to be trees.
(Ord. 95-21, passed 5-4-95)