§ 13-301. DEFINITIONS.

(a)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 (commencing with Section 1-201) of Chapter 1 of this Code shall also govern the construction, meaning, and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b)

"Block" shall mean all property fronting on both sides of a street between intersecting streets, or between an intersecting street and a right-of-way, water way, end of a cul-de-sac, or city-county boundary. Where a street is intercepted between two intersecting streets, the boundaries of the block shall be determined by the Director.

(c)

"Director" shall mean the Parks and Recreation Director and/or the Public Works Director and designees thereof, as provided in this article and/or as determined by the Chief Administrative Officer in his/her sole discretion. The Public Works Director shall be designated as the responsible person for street trees, median island trees, and trees planted in association with Lighting and Landscaping Maintenance Districts (LLMD) or Community Facilities Districts (CFD). The Director of Parks and Recreation shall be designated as the responsible person for trees in neighborhood, community and regional parks, and for trees in neighborhood, community and regional trails (including related linear park).

(d)

"Parkway" shall mean that portion of public property available for planting between the street curb, or curb alignment, and the abutting private property line.

(e)

"Preservation" shall mean acts to promote the life, growth, health, or beauty of trees including, but not limited to, pruning, trimming, topping, root pruning, spraying, mulching, fertilizing, cultivating, supporting, and treating for disease or injury.

(f)

"Public Nuisance" shall mean and the City Council, by adoption of this ordinance declares that any violation of this article, and any tree which, for whatever reason including lack of maintenance and/or natural growth/aging processes and/or seasonal changes, may be injurious to public health, safety, and/or property, or an obstruction to the use of public property, so as to interfere with the comfortable enjoyment of life or property and which affects the entire community or neighborhood or a considerable number of persons, is unlawful and shall constitute a public nuisance. Without limitation the following shall constitute a public nuisance for purposes of this article (i) any tree subject to corrective action or removal under this article, (ii) any diseased or insect infested tree on private property so near to any street tree so as to cause damage to said street tree, (iii) any tree on private property that is interfering with, impairing or destroying any city owned street improvements, sidewalks, curbs, gutters, sewers, water or gas lines, block walls, street trees, or other related street facilities, (iv) any street tree which has or will require non-routine maintenance of city infrastructure on a frequency greater than once every ten years, (v) any tree known to be dangerous upon oral or other contact by a person, (vi) any tree growing into or over any street tree, or any public hydrant, pole, street sign, stop sign, or electrical/utility facility other than as allowed by this article, (vii) any tree in direct or intermittent contact with any electrical conductor owned by a utility company, which must be trimmed away from the conductor, (viii) the existence of any branches or foliage which interferes with visibility of, free use of, or access to any portion of any street, sidewalk, or alley improved for vehicular or pedestrian travel, (ix) tree houses, ladders, aerials, swings, ropes, or any other material attached to publicly owned trees.

(g)

"Public property" shall mean any property or area owned by or under the control of the city, including public tree easements.

(h)

"Public tree easement" shall mean an easement granted by a property owner to the city to permit the city to plant and preserve a tree in the property owner's front or side yard setback abutting public streets.

(i)

"Street tree" shall mean any tree planted, or caused to planted, by the city within the: street right-of-way; parkway; any landscape or public tree easement offered for tree planting purposes but excluding common areas maintained by a LLMD or CFD. Street tree may also include trees planted within the public right-of-way that the city accepts through annexation of unincorporated areas of the county.

(j)

"Tree" shall mean and include without limitation any tree or shrub.

(Added Ord. 2005-22, § 2, eff. 4-16-05).