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For the purposes of this ordinance, the following mean:

Adjacent – Nearby or close to. A street tree shall be considered adjacent to property if the tree would be within the lateral boundaries of the property if those boundaries were extended to meet the nearest portion of roadway.

Animal at large – An animal off or outside the premises of the owner or person in charge of the animal, not restrained by a rope, line, leash, chain, or other similar means, or not under the immediate control, restraint, and command of the person or its owner.

Bicycle Path – The portion of the public right-of-way that is not part of a roadway and is designated by official signs or markings for use by persons riding bicycles.

City representative – The city manager’s designee responsible for representing the City’s interest in a nuisance abatement proceeding.

Costs – The expense of removing, storing, or disposing of nuisances, including a charge of 20 percent of the expense for administrative overhead.

Discarded vehicle – A vehicle that is not operable on a public street, wrecked, dismantled, partially dismantled, abandoned or junked or major parts of discarded vehicles including, but not limited to, bodies, engines, transmissions and rear ends.

Person in charge of property – An agent, occupant, lessee, tenant, contract purchaser, or other person having possession or control of property or the supervision of any construction project.

Person responsible – The person responsible for abating a nuisance includes:

A. the owner of the property;

B. the person in charge of property as defined above; or

C. the person who caused a nuisance to come into or continue in existence.

Pruning – Cutting or removing less than 20 percent of the branching structure of a plant in either the crown, trunk or root areas.

Public place – A building, way, place or accommodation, whether or not privately or publicly owned, open and available to the general public.

Public right-of-way – Land that by deed, conveyance, agreement, easement, dedication, usage or process of law is conveyed, reserved for or dedicated to the use of the general public for street, road or highway purposes, including curbs, gutters, parking strips, pedestrian ways, and sidewalks and bicycle trails.

Removal – Cutting or removing 20 percent or more of the crown, trunk or root system of a plant.

Roadway – The portion of the public right-of-way that is improved and designed for use by motor vehicles.

Sidewalk – The portion of the public right-of-way designed for preferential or exclusive use by a pedestrian.

Top or Topped – Cutting or removing the terminal leaders in the crown of an ornamental shade or flowering tree or conifer to an extent that removes the normal canopy and disfigures the tree.

Vehicle – Every device in, on or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively on stationery rails or tracks. [BC 5.05.015, amended by Ordinance No. 3842, 4/12/93; amended by Ordinances No. 3872, 11/1/93, Ordinance No. 4794, 12/1/20]