For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural.
(a) "Municipality" means the City of St. Albans, Kanawha County, West Virginia.
(b) "Urban Tree Committee" means the body which advises the City on matters affecting the Urban Forest.
(c) "Arborist" means the person within the Committee who administers the provisions of this article under the supervision and direction of the Mayor. The Arborist shall have experience in forestry and/or horticulture.
(d) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
(e) "Street" or "highway" means the entire width of every public way or right of way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic and extending from property line to property line.
(f) "Park" includes all public parks, the ownership and control of which are vested in the City.
(g) "Public places" includes all grounds owned by the City, the County and the State, situated within the City.
(h) "Tree" or "street tree" includes any tree or other plant in a public place as indicated by subsequent provisions of this article.
(i) "Public trees" means all shade and ornamental trees now or hereafter growing on any street or any public right of way or in any other public areas.
(j) "Property owner" means the person owning designated property as shown by the County Assessor's Plat of Kanawaha County, as the case may be.
(k) "Remove" means the cutting down or damaging, whether by deliberate or negligent act or omission, or any act which causes the tree to die within three years.
(l) "Tree" means:
(1) Any self-supporting woody plant which has a well defined stem with a diameter of at least four inches at 4.5 feet from the ground.
(2) Any ornamental woody plant as designated by the Arborist; or
(3) Any small seedling or sapling planted or protected specifically to become a large tree as described in subsections (l)(1) and (2) hereof.
(m) "Urban Forest" means all trees located on City-owned or controlled property.
(n) "Urban Tree Specifications and Standards of Practice" means regulations promulgated by the Urban Tree Committee and adopted by Council and regulating or dealing with the Urban Forest. Such regulations shall conform with the Primary Standards of the National Arborist Association.
(Ord. 89-17. Passed 12-18-89.)