For the purpose of this title, unless otherwise apparent from the context, certain words and phrases used in this title are defined as follows:
"Alcoholic beverage"means alcohol, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
"Applicant"means the individual requesting a permit in Chapter
7.02 or a property owner requesting permission to remove a tree on improved property in Chapters
7.03 and 7.04.
means any two- or three-wheeled vehicle propelled by the use of human power and includes road bikes, mountain bikes, BMX bikes and similar devices.
"City"means the city of Brentwood.
"Commercial"means products or services that are produced and/or marketed with an emphasis on salability, profit or the like and includes teaching classes, the sale of services, food and/or drink items, or merchandise.
"Department"means the city of Brentwood parks and recreation department.
"Director"means the director of parks and recreation of the city or director's designee.
"Dog owner"means any person, firm, or corporation owning, having an interest in, or having control or custody or possession of any dog.
"Dog park"means a facility set aside for dogs and their owners to exercise and play off-leash in a controlled environment.
"Facilities"mean and include those buildings, parks, landscape areas, ball fields, parking lots, special use facilities, or any portion thereof, under the supervision of the parks and recreation department.
"Mobile unit"means any apparatus (i.e., truck, trailer, cart, wagon) or structure not permanently fixed to a permanent foundation and which may be moved under its own power, pushed or pulled by hand, towed by a motor vehicle or carried upon or in a motor vehicle or trailer. A mobile unit does not include news racks or vending machines, but does include produce stands, mobile food preparation units, and vehicles as those terms are defined in the
Health and Safety Code.
means a mobile unit which may be moved under its own power. Examples would be catering and ice cream trucks.
"Motorized vehicle"means any automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land but not on rails.
"Nonmotorized mobile units"means a mobile unit which may not be moved under its own power. Examples would be pedestrian carts and stands.
"Organized league"means a group of more than ten players or a group that hold games on a regular schedule.
"Other power-driven mobility device"means any mobility device powered by batteries, fuel, or other engines, whether or not designed for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf carts, electronic personal assistance mobility devices, such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair.
"Park"means all areas within the city, operated, maintained or controlled by the city that are designated for use as park, recreation or open space purposes, whether such property is a park, parkway, greenbelt, tot lot, sports field, internal or adjacent sidewalks, general trail, parking lot, on-street parking adjacent to park property, detention and retention basins, children's playground area, picnic area, or is maintained as open space, including undeveloped sites for future parks and includes any structure thereon.
"Pedestrian cart"means a special type of nonmotorized unit which contains one or more wheels and is readily moved by handle(s).
"Permit"means a written permit for the permitted use or exclusive use of a park, facility, or other city property as provided for and defined in this title.
"Personal conveyance"means any unicycle, roller skate, rollerblade, skateboard, or other similar wheeled or non-wheeled device, which is operated by human power, is utilized to move a person or persons across any ground surface or surfaces.
"Picnic area"means a special area in a park with tables set aside for the purpose of the consumption of food and beverages.
"Picnicker"means a person on an outing or excursion with food usually provided by such person and eaten in the open.
"Significant impact"means an unreasonable interference with the normal and intended use of the property. In determining whether there is a significant impact, the typical longevity of the subject tree species, as well as the size of the tree relative to the property, shall be considered. Normal maintenance, including, but not limited to, pruning, and leaf removal and minor damage to paving shall not be considered when making a determination of significant impact.
"Skateboard park"means a facility designed specifically for riding skateboards, non-motorized bicycles, scooters, in-line skates, roller skates, or wheelchairs, with sculptured events such as ramps, jumps and bowls.
"Sound amplifying equipment"means any electrical or battery operated machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" shall not include standard vehicle radios when used and heard only by the occupants of the vehicle in which the radio is located.
"Special event"means an event which is scheduled to take place, in whole, or in part, on city property, including events which will be conducted on a city street, sidewalk, alley or other right-of-way, or other public areas.
"Special event permit"is a permit granted only through an application process that is intended to protect the health, safety and welfare of the general public and insures that all parties, event participants, attendees, neighbors, residents and passers-by will not be inconvenienced and that their health, safety and welfare have been considered.
"Street"means and includes all public streets, roads, alleys, parkways and other public rights-of-way of the city.
"Street tree"means any tree which grows within or which overhangs any public street or right-of-way. Trees planted in designated thoroughfare rights-of-way where access is restricted or prohibited are specifically excluded from this title.
"Topping"means heading back of the crown and/or creating large stubs without regard to form.
"Trail"means a designated land corridor that provides recreational, aesthetic, alternate transportation or educational opportunities to users for all ages and abilities.
"Vehicle"means a conveyance that transports people or objects.
"Vending"means the business of selling, offering for sale, displaying or causing to be sold, for cash or consideration, any item, including, without limitation, food, beverage, goods, services and merchandise.
"Vendor"means any person, including, without limitation, an employee or agent, partnership or corporation, who is in the business of vending.
"Vendor permit"means a permit issued as a part of an overall special event application and must be considered at the time of event approval.
"Wheelchair"means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. This definition does not apply to federal wilderness areas; wheelchairs in such areas are defined in Section 508(c)(2) of the ADA, 42 U.S.C.
12207(c)(2).
(Ord. 788 § 1, 2004; Ord. 843 §§ 1, 2, 2007; Ord. 902 § 1, 2012; Ord. 944 §§ 1, 2, 2015; Ord. 989 § 2, 2017)