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38 substantially depreciates the value of property within the city and impairs the 39 safety, environmental benefits, general welfare and convenience of the public. The 4O provisions of this section are adopted as an effort to control and prevent the spread 41 of shade tree pests and to maintain a healthy urban forest, in addition to and in 4 accordance with Minn. Stat. §§ 89.001, 89.01 and 89.51-.64. 43 706,02: PURPOSE: 44 It is the purpose of this Chapter to protect and promote the public health, safety and general 45 welfare of the people of the City by.- 4 .. Regulating the planting, maintenance and removal of trees, shrubs and herbaceous plants on 47 all public spaces and rights of way. 48 B. Allowing the planting, maintenance, removal and trimming of trees, shrubs and herbaceous 4 plants on public lands by written permission of the city. 50 C. Inspecting trees on public and private lands. 51 D. Controlling shade tree pests to protect the trees and to prevent and abate hazardous tree 52 conditions and nuisances within the City on public and private lands. 53 E. Protecting and preserving existing healthy trees. 54 F. Encouraging the planting of trees for the protection and enhancement of the environment. 55 (Ord. 11(x7,, 12-9-91) 56 706,03: DEFINITIONS: 57 As used in this Chapter, the following words and terms shall have the meanings ascribed to them 58 in this Section.- 59 BOULEVARD.- That property between the edge of the street and the property line (right-of-way 60 line). 61 EASEMENT.- The right to use a defined part of real property held by others for a specific 62 purpose. 63 HAZARDOUS TREE.- Any tree, as determined by the City Forester,, to cause or have the 64 potential to cause harm to public or private property, following the guidelines set forth by the 65 Minnesota Department of Natural Resources (MNDNR). 66 HERBACEOUS PLANTS.- Non-woody plants. 67 NUISANCE.- Any shade tree pest or hazardous tree in the community threatening to cause 68 significant damage to another shade tree, or public or private property. 69 PROPERTY LINE.- The legal boundary of a parcel of land. 70 PUBLIC TREE MASTER PLAN.- Official comprehensive tree management plan, including, but 71 not limited to,, a planting guide with regulations outlining acceptable tree species, planting 72 locations, planting techniques and treatments to limit the spread of shade tree pests and maintain 73 healthy trees. 74 PUBLIC TREE PERMIT.- Written permission given by the City allowing a person(s), to plant, 75 trim,, treat or remove a tree,, shrub,, or herbaceous plant on city public land. 76 PUBLIC UILITIES.- Public water,, storm sewer and sanitary lines. 77 RIGHT OF WAY.- The surface and space above and below a public roadway, highway, street, 78 cartway, bicycle and public sidewalk in which the City has an interest, including other dedicated 79 rights of way for travel purposes, utility easements and any other real property owned by or 80 under the control of the City. 81 SHADE TREE PEST.- Any vertebrate or invertebrate animal, plant pathogen, or plant in the 82 community threatening to cause significant damage to a shade tree or community forest, as 83 defined by Minn. Stat. § 89.00 1. 2