Title 7 - Health and Sanitation

7.16 Trees and Shrubs

7.16.130 Definitions.

For purposes of this Chapter the following definitions shall apply to the listed terms:

  1. A.
    City Forester– means the City official designated in Section 7.16.120 to observe and enforce the provisions of this Chapter. All references to the City Forester shall include the City Forester’s designee(s).

Effective on: 1/1/1901

  1. B.
    Community Services Division– means the City office designated by the City Manager to perform the duties specified in this Chapter. All references to the Community Services Division shall include the Community Services Division’s designee(s), including but not limited to, the City Forester or any City contractor.

Effective on: 1/1/1901

  1. C.
    Landscape Improvements– means, for the purposes of this Chapter, landscape and hardscape outdoor improvements including, but not be limited to, retaining walls, statues, and decorative boulders.

Effective on: 1/1/1901

  1. D.
    Maintenance- means, without limitation, the protecting, spraying, fertilizing, treating, pruning, abatement of infestation and trimming of Trees or Shrubs.

Effective on: 1/1/1901

  1. E.
    Nuisance– means the doing of an act, failure to perform a legal duty, or the allowance or creation of a condition which injures, endangers, hinders or unreasonably interferes with the public health, safety or welfare in the use and enjoyment of Right-of-way or other public property by the general public. Examples include, but are not limited to, brush and limbs, Trees and Shrubs which are dead, diseased or infested which present a harmful or dangerous condition to the public, and encroachments of Trees and Shrubs in the Right-of-way or other public property which create a safety hazard.

Effective on: 1/1/1901

  1. F.
    Owner– means any person, agent, operator, firm or corporation having a legal or equitable interest in the (real) property; or recorded in the official records of the Johnson County Register of Deeds office as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
    1. 1.
      Abutting Owner – means an Owner that directly abuts the Right-of-way where the Tree or Shrub requiring Maintenance or removal is located.

Effective on: 1/1/1901

  1. G.
    Right-of-way– means the area on, below or above the present and future City Streets, alleys, bridges, bikeways, parkways and sidewalks.

Effective on: 1/1/1901

  1. H.
    Shrub– means a low, usually several-stemmed, woody plant. For the purposes of this Chapter, it shall also include ornamental and native grasses used in place of Shrubs.

Effective on: 1/1/1901

  1. I.
    Street– means the pavement and sub-grade of a City residential, collector or arterial roadway.

Effective on: 1/1/1901

  1. J.
    Tree– means a woody plant having a well-defined stem or trunk, a more or less definite crown, a height at maturity of at least eight feet, and the trunk diameter exceeds two inches.
    1. 1.
      Large Trees - Trees with a potential mature height of 50 feet or more.
    2. 2.
      Medium Trees - Trees with a potential mature height between 25 to 50 feet.
    3. 3.
      Small Trees - Trees with a potential mature height of no more than 25 feet.
    4. 4.
      Street Trees - Trees located within the Right-of-way.

(History: Ord. TP-3025 §4, 2014; TP-2032 §3, 97; TP-1289 §4, 85)

Effective on: 1/1/1901