Agenda Item #
Columbus Consolidated Government
Council Meeting
08/09/2011
Agenda Report #
TO: Mayor and Council
SUBJECT: Revision of Weed Ordinance
INITIATED BY: Chris Brown
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Recommendation: Approval is requested for the amendment of the current
ordinance to clearly define the definition of weeds - Sec. 13-113(a.)
Ordinance current state.
Sec. 13-113. Weeds--Defined; prohibition.
(a) Weeds shall include, in addition to the common definition of weeds, all
woody perennial plant growth.
(Ord. of 10-5-36, ? 1; Ord. No. 86-12, ? 1, 2-4-86)
Proposed Ordinance.
Sec. 13-113. Weeds or grass--Defined; prohibition.
(a) Weeds shall be defined as common grasses and other non-woody plants that
tend to overgrow or choke out more desirable plants excluding all ornamental
grasses and flowers.
(Ord. of 10-5-36, ? 1; Ord. No. 86-12, ? 1, 2-4-86)
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". The cutting down of
trees and certain other woody perennials 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 currently written technically requires 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. There is also a need to clarify that the Ordinance
will not be enforced to require the cutting of ornamental grasses and flowers
such as pampas grass and bamboo which are generally kept at heights greater
than 18?.
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).
The exclusion of ornamental grasses and flowers makes it clear that ornamentals
such as bamboo, pampas grass, and sunflowers would not be subject to the 18?
height restriction.
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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