To

Mayor and Council

Subject

Revision of Weed Ordinance

Initiator

Chris Brown

Recommendation

Approval is requested for the amendment of the current ordinance to clearly \n \n define the definition of weeds - Sec. 13-113(a) Weeds - Defined (a) Weeds \n \n shall include, in addition to the common definition of weeds, all woody \n \n perennial plant growth. \n \n Ordinance current state. \n \n Sec. 13-113. Weeds--Defined; prohibition. \n \n (a) Weeds shall include, in addition to the common definition of weeds, all \n \n woody perennial plant growth. \n \n (b) It shall be unlawful for the occupant of any occupied lot of land in the \n \n city, or the owner of any unoccupied lot in the city, or for any agent or \n \n representative of any such occupant or owner, to permit or maintain on such lot \n \n any growth of weeds or grass to a height of over 18 inches. The provisions \n \n hereof shall not be applicable to that part of any lot of land located more \n \n than 100 feet from any building. \n \n (Ord. of 10-5-36, ? 1; Ord. No. 86-12, ? 1, 2-4-86) \n \n \n \n \n \n Proposed Ordinance. \n \n Sec. 13-113. Weeds or grass--Defined; prohibition. \n \n (a) Weeds shall include common grasses and plants that tend to overgrow or \n \n choke out more desirable plants. \n \n (b) It shall be unlawful for the occupant of any occupied lot of land in the \n \n city, or the owner of any unoccupied lot in the city, or for any agent or \n \n representative of any such occupant or owner, to permit or maintain on such lot \n \n any growth of weeds or grass to a height of over 18 inches. The provisions \n \n hereof shall not be applicable to that part of any lot of land located more \n \n than 100 feet from any building. \n \n (Ord. of 10-5-36, ? 1; Ord. No. 86-12, ? 1, 2-4-86)

Approval

Approved

Background

Ordinance section 13-113(a) was passed in 1936 and amended in 1986. It states

that "Weeds shall include, in addition to the common definition of weeds, all

woody perennial plant growth". Bamboo is a woody perennial the same as all

trees, bushes, shrubs, hedges, etc.. The cutting down of bamboo and the other

woody perennial listed has never been enforced. What has been enforced

regarding this ordinance section has been the removal of non-woody perennials

and grasses over 18 inches in height.

Analysis

The definition as written would require the removal of trees over 18" in height

which is not the intention of the ordinance. Clarification is needed so that it

is not required to remove trees as they are woody perennial plants.

Financial Considerations

This change will not cause the City any additional expense. Local ordinances

could be better enforced and fines imposed as needed.

Projected Annual Fiscal Impact Statement

Better enforcement of weed ordinance.

Legal Considerations

The current ordinance can be interpreted to require the removal of trees as

"woody perennial plant growth." The clarification would eliminate the

possibility of this interpretation of ordinance Sec. 13-113(a).

Recommendations/ Actions

Council to approve the recommended change to Sec 13-113(a) and repeal the

current Sec 13-113(a)

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