§ 92.50 PURPOSE AND DEFINITIONS.
   (A)   Purpose. To enhance the quality of life and the present and future health, safety, and welfare of all residents, to enhance property values, and to ensure proper planting and care of trees on public property, the Village Board of Trustees herein delegates the authority and responsibility for managing public trees, creates the Arbor Committee, establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions.
   (B)   Definitions. As used in this subchapter, the following words-and phrases shall have the meanings indicated:
      (1)   BOULEVARD. The area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley, that is owned by the property owner, but under the control of the village as a right-of-way.
      (2)   COMMITTEE. The Arbor Committee, as established by this subchapter.
      (3)   DAMAGE. Any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
      (4)   NUISANCE. Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare of the village and/or its residents.
      (5)   PUBLIC PROPERTY. All grounds and rights-of-way owned or maintained by the village.
      (6)   PUBLIC TREE. Any tree or woody vegetation on property or rights-of-way owned or maintained by the village.
      (7)   RIGHT-OF-WAY. The area of land between the side of the sidewalk closest to the home on one side of the street continuous to the house side of the sidewalk on the opposite side of the street. Right-of-way may also be referred to as ROWs within this subchapter.
      (8)   SUPERINTENDENT. The Superintendent of Public Works for the Village and/or his or her designee.
      (9)   TOP or TOPPING. The non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
      (10)   VILLAGE. The Village of Rochester, Illinois.
(Ord. 24-12, passed 9-9-2024)