General
Definitions. The following definitions shall apply in the interpretation
and enforcement of this section:
"Beneficial or ornamental plants"
means plant life or algae which encourage the growth or maintenance
of other aquatic life or promote the ecological integrity or balance
of the water system and which may serve a decorative purpose. Beneficial
or ornamental plants include, but are not limited to, water lilies,
Naiad, water cress, some forms of macroalgaes such as Chara and tollipella.
"Embankment"
means a deposit of soil, sand, gravel, rock or other material
placed by artificial means or occurring in nature.
"Embankment erosion"
means the condition of a pond or other body of water where
the shoreline has been washed away or exposed due to wind, waves,
low water levels, animal activity, or the breakdown of plastic or
similar barrier lining of the water feature.
"First-class condition"
means the condition of a pond, fountain or other body of
water which has been maintained, as defined, so that the water has
no objectionable odor, no animal carcasses, garbage or debris, no
clearly visible masses of noxious aquatic plant growth or algae above
or below the surface, no distinct discoloration of the water due to
inappropriate levels of water clarity, nor any of the other prohibited
conditions described in this section.
"Foreign substance"
means and includes, but shall not be limited to, detergent,
deleterious chemicals of any kind, trash, or refuse of any kind whatsoever.
"Garbage"
means any organic refuse of any kind resulting from the preparation
and serving of food, old, decayed or spoiled food, dead animal litter
or any other organic refuse of any source.
"Lake"
means a large pond or other body of water.
"Maintenance"
means implementing a reasonable strategy of managing the
quality and ecological integrity of a pond or other body of water,
which prevents unhealthy, unsafe or unsightly conditions. This section
does not require that the pond or other body of water be maintained
by a water management professional or contractor.
"Noxious aquatic plant growth" or "algae"
means excessive quantities of plant life which reduce dissolved
oxygen to a level that is harmful to other aquatic life or the ecological
integrity or balance of the water system, attract rodents, mosquitoes,
midges or other harmful pests and insects, or increase the pollution
levels of the water feature. Noxious aquatic plant growth includes,
but is not limited to, blue green algae and cattails.
"Person"
means any natural person, individual, firm, association,
club, organization, corporation, business trust, partnership, company
or other entity which is recognized by law as the subject of rights
or duties, or any employee thereof.
"Pond" or "other body of water"
means any manmade or natural body of water or aquascape,
including a fountain or lake, which serves a decorative or functional
purpose such as a reservoir or holding pond, whether filtered or unfiltered.
"Pond" or "other body of water" does not include a:
1.
Swimming pool, spa or similar artificial feature which is generally
treated in a sterile condition by chlorine or bromine;
2.
Reservoir or other body of water which is owned or operated
by a governmental or public entity; or
3.
Manmade or natural body of water or aquascape which is designed
to maintain rare plant or animal species.
"Water clarity"
means the condition wherein a pond or other body of water
is operated or maintained so as to keep the water clean and at a reasonable
clearness level. In determining what constitutes "reasonable" clarity,
the city may take in to consideration seasonal or temporary conditions
such as, but not limited to, heavy rains, overseeding or excessive
runoff from fertilization or irrigation which may affect water clarity.
The following standards shall be used to define reasonable clarity:
a black and white disk extended from a string or measuring tape, commonly
referred to as a "Secchi disk," which when placed in a pond or other
body of water shall be visible at the depth of at least eighteen inches,
or the water shall be determined to not be of reasonable clarity.
"Weeds"
means a plant that is situated out of place as compared to
the surrounding landscape or feature.