Hamilton : Règlement no 15-125, art. 1 — In this By-law
Trees on Public Property By-law
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In this By-law:
- "business day" means 8:30 a.m. to 4:30 p.m. on any day on which the City of Hamilton's administration buildings are open for business; "City" means the geographical area of the City of Hamilton or the municipal corporation as the context requires; "Council" means the Council of the City of Hamilton; "Director" means the Director of Environmental Services for the City of Hamilton or his or her designate; "drip line" means an imaginary line running directly beneath the outermost branches of an individual tree; "highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for, or used by, the public for the passage of vehicles and includes the area between the lateral property lines thereof; "Municipal Law Enforcement Officer" means the Director or a person appointed by Council or by the Director for the enforcement or administration of this By-law, and includes a person employed by the City whose duties are to enforce or administer this By-law; "owner" means a person having any right title, interest, or equity in land including right, title, interest, or equity to the trees standing on the land; "person" includes an individual, sole proprietorship, partnership, association, or corporation; "policy" means a policy respecting trees which the Director is authorized to issue under this By-law or is otherwise issued by the City; "private property" means land other than public property; "private tree" means any tree which has greater than 50 per cent of its trunk diameter measured at ground level on private property; "public property" means any land that is owned by, leased to, controlled by, or vested in the City including those public unassumed alleys which have been occupied or fenced by a person other than the City; To Regulate Trees on or Affecting Public Property "public tree" means any tree which has greater than or equal to 50 per cent of its trunk diameter measured at ground level on public property; "tree" means a self-supporting woody perennial plant which has reached or can reach a height of at least 3 metres at physiological maturity; "tree protection zone" means a restricted area around the base of a tree one metre from the dripline, which serves to protect a tree and its root zone as established by the Director or another authorized City employee or agent in accordance any applicable City by-law or policy; and "work" includes excavating, constructing, developing, ditching, tunnelling, trenching, disturbing soil, compacting soil or removing part or all of a public tree. Application , This By-law applies in addition to the City Parks By-law No. 01-219 and the Plant Protection Act (Canada) and its regulations or any other by-law, statute or regulation that applies to trees. Prohibitions
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