§ 830-40. Definitions.

(A)

In interpreting the provisions of this article, if no definition is provided and the context permits, the latest editions of the following publications recognized as authoritative in the field shall apply. The publications are listed in order of authority should discrepancies occur.

(1)

Section 825-50 of the Dania Beach City Code;

(2)

City of Dania Beach Landscape Technical Manual;

(3)

American National Standards Institute (ANSI) A-300, Tree, Shrub and Other Woody Plant Maintenance—Standard Practices; and Z-133.1, Safety Requirements for Arboricultural Operations;

(4)

Florida Department of Agriculture Division of Plant Industry, Grades and Standards for Nursery Plants;

(5)

Florida Exotic Pest Plant Council Invasive Plant List;

(6)

Council of Tree and Landscape Appraisers, Guide for Plant Appraisal;

(7)

Florida Power and Light, Plant the Right Tree in the Right Place Brochure;

(8)

Florida Urban Forestry Council, Selecting and Planting Trees for the South Florida Forest;

(9)

Wunderlin and Hansen, Guide to the Vascular Plants of Florida;

(10)

Matheny and Clark, Trees and Development - A Technical Guide to Preservation of Trees;

(11)

Harris, Clark and Matheny, Arboriculture: Integrated Management of Landscape Trees, Shrubs and Vines;

(12)

Gary W. Watson and E.B. Himelick, Principles and Practices of Planting Trees and Shrubs;

(13)

Matheny and Clark, Guide to the Evaluation of Hazard Trees in Urban Areas.

(B)

As used in this article, the following words and terms shall be defined as set forth below:

Destruction of the natural habit of growth. Pruning that causes irreparable damage and permanent disfigurement to a tree such that, even with regrowth, the tree will likely never regain the original characteristics of its tree species, or pruning a tree in such a manner as to create a danger to the public or property; or pruning defined in this article as tree abuse.

Enforcement agency. The code compliance division of the city is designated to enforce this article.

Hatrack. To sever the leader or leaders, or to prune a tree by stubbing of mature wood.

Horizontal plane. An imaginary line that begins at the base of the live frond petioles.

Nuisance species. A tree species set forth under section 825-50 as an invasive species.

Over lift. The removal of the majority of the inner lateral branches and foliage, displacing weight and mass to the ends of the branches. The alteration of the tree's live crown ratio will be considered as evidence of over lifting.

Owner-occupied. A dwelling in a habitable condition occupied by the owner of record, as the owner's primary residence, and holding a valid certificate of occupancy.

Prune or trim . To cut away, remove, cut off or cut back parts of a tree.

Shape. The regular and frequent shearing of outer tree branches, making pruning cuts of one-half-inch diameter or less, for the purpose of controlling the size and shape of the tree canopy primarily for aesthetic purposes.

Shearing. The cutting of many small diameter stems of one-half (½) inch in diameter or less.

Tree. A living, self-supporting woody perennial plant which has a trunk diameter of no less than two and one-half (2½) inches, measured four and one-half (4½) feet above the ground, or a woody perennial plant installed per requirements of the applicable landscape code, which normally grows to an overall height of no less than fifteen (15) feet in South Florida.

Tree abuse. "Tree abuse" shall mean:

(1)

To hatrack a tree; or pruning that reduces the height or spread of a tree that has not attained a height or spread of thirty (30) feet unless branches are directly interfering with structures or utilities; or

(2)

Cutting upon a tree which destroys its natural habit of growth; or

(3)

Pruning that leaves stubs or results in a flush cut; or splitting of limb ends; or

(4)

Peeling or stripping of bark; or removal of bark to the extent that if a line is drawn at any height around the circumference of the tree, over one-third ( 1/3 ) of the length of the line falls on portions of the tree where bark no longer remains; or

(5)

The use of climbing spikes, nails or hooks, except for purposes of total tree removal or as specifically permitted by the American National Standards Institute (ANSI A-300); or

(6)

Pruning that does not conform to the American National Standards Institute (ANSI A-300) or recommendations, as amended.

(7)

The removal of diseased or dead portions of a tree, the removal of interfering, obstructing, or weak branches, or the complete removal of a tree pursuant to a valid tree removal license shall not constitute tree abuse under this article.

(8)

Removing palm fronds other than dead, declining or objectionable due to interference with a building or utility. Palm pruning shall be performed when fronds, fruit, or loose petioles may create a dangerous condition. Pruning of live palm fronds, which initiate above the horizontal plane as defined in the definition section of the code. Fronds removed shall be severed close to the petiole base without damaging living trunk tissue.

(9)

Palm peeling (shaving) shall consist of the removal of the dead frond bases only, at the point they make contact with the trunk without damaging living trunk tissue.

(10)

Over lifting a tree.

(11)

Shaping a tree, or

(12)

Neglect of care and likely risk of loss due to such neglect of any specimen tree, arising from overgrowth by competing, invasive vegetation such as, but not limited to, overgrowth by vines; or

(13)

Impartial removal of a tree, creating a stump in excess of six inches in height from the surrounding grade.

Topiary. The practice of pruning a tree into an ornamental shape by the pruning of branches no larger than one-half (½) inch in diameter.

Violator. A person who abuses a tree or otherwise violates this article. The owner of property upon which the abused tree is located shall also be deemed a violator if the tree abuse is undertaken by the owner's employee, agent or person under the owner's control or by the owner.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2012-008, § 17, 5-8-12)