For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Vermillion, South Dakota, and collectively, the elected and or designated official, authorized agent, or employees of the City of Vermillion assigned to carry out the enforcement of this subchapter.
CITY TREE BOARD. An advisory board consisting of 5 members who are citizens and residents of Vermillion, who shall be responsible for the development of a long term plan that will encourage the growth of a health tree canopy, throughout the city boulevards, city’s parks and any other areas of the city.
CITY TREE SPECIALIST. An employee designated by the City Manager that is educated in the care of trees and other woody plants. This individual will serve as the primary contact for the public.
MAINTAINED TREE. A tree or woody plant that has been properly trimmed to remove any dead or hazardous branches. It has also been watered, fertilized, and treated for disease or insects as needed.
NUISANCE TREE. Any tree that is not valued where it is growing and is usually of vigorous growth; especially one that tends to overgrow or choke out more desirable plants or dead, diseased, or insect-infected trees or other woody plants identified by the City Tree Specialist or city designee.
PARKS. All public parks within the city having individual names.
PERSON. Any person, firm, partnership, association, corporation, company, organization, or political subdivision of any kind.
PESTS. An insect or disease that attacks a tree or woody vegetation.
PLANTS. Any growing “non-woody” vegetation.
PROPERTY OWNER. The person owning the property as shown by the records on file at the office of the Register of Deeds of Clay County, South Dakota.
PUBLIC PLACES. All property and grounds owned by the city lying within the County of Clay, State of South Dakota, or under its control or supervision whether owned, leased or under contract of the city.
TOPPING. The severe cutting back of limbs to stubs larger than 3 inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
TREES.
(1) LARGE TREES. Trees larger than 40 feet tall at maturity.
(2) MEDIUM TREES. Trees that are 20 to 40 feet tall at maturity.
(3) PARK TREES. Trees, shrubs, and all other woody vegetation in public parks and all areas owned by the city or to which the public has access as a public park.
(4) PRIVATE TREES. Those trees and all other woody vegetation on privately owned lots and residences within the city.
(5) PUBLIC TREES. All trees now or hereafter growing along any street or in any park, or public areas of the city.
(6) SMALL TREES. Trees less than 20 feet tall at maturity.
(7) STREET TREES. Trees on boulevards or in parkways which are those parking areas lying between the established curb line and any right-of-way line within the city.
TREE SUPPORT AND BRACING. Supplemental support in the form of cabling or bracing.
(1) BRACING. The use of steel rod(s) to support a tree’s structure.
(2) CABLING. The use of cable, chain, rope, or anything to support limbs of a tree, excluding small trees.
(1975 Code, § 23.5-2) (Ord. 846, passed 11-19-1984; Am. Ord. 1313, passed 5-5-2014; Am. Ord. 1423, passed 2-21-2023)