Number
141176
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. STAMPER
Title
A substitute ordinance relating to the abatement of noxious and invasive vegetation.
Sections
80-17-0 rc
80-17-1 rc
80-17-2 rc
80-17-5.5 cr
200-51.7-7-a-1 am
Analysis
Current code provisions prohibit weeds exceeding 7 inches in height on any property in the city. This ordinance amends the code's provisions regarding the control of noxious weeds by defining and adding provisions relating to noxious and invasive vegetation. Presently, the provisions apply only to specific species of turf grasses and weeds. Under this ordinance, the regulations apply to all noxious and invasive trees, shrubs, vines, weeds or other plants.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-17-0 to 2 of the code is repealed and recreated to read:
80-17. Noxious and Invasive Vegetation.
1. DEFINITIONS. In this section:
a. "Invasive vegetation" means plants which cause or are likely to cause economic or environmental harm or harm to human health, as recognized in ch. NR 40, Wis. Admin. Code.
b. "Noxious vegetation" means any overgrown or unattended growths of trees, shrubs, vines, weeds or other plants which are found to be:
b-1. Concealing refuse or debris.
b-2. Creating harborage for mice, rats, or other vermin which constitute a threat to nearby human or animal health, as provided in s. 80-48.
b-3. Creating harborage for people involved in criminal activity or for products used for criminal activity.
b-4. In violation of s. 275-81-5-b.
c. "Turf grass" means annual bluegrass, annual ryegrass, bahiagrass, bermudagrass, buffalograss, carpetgrass, centipedegrass, colonial bentgrass, creeping bentgrass, fine fescue, hybrid bermudagrass, Kentucky bluegrass, kikuyugrass, orchardgrass, perennial ryegrass, quackgrass, rough bluegrass, seashore paspalum, St. Augustinegrass, tall fescue and zoysiagrass.
2. TO BE CUT.
a. It shall be unlawful to permit within the city:
a-1. The pollenization of any turf grasses or weeds which cause or produce hay fever.
a-2. The growth of noxious or invasive vegetation.
b. To prevent pollenization and to protect the public health, safety and welfare, no turf grass or weeds of any kind shall be permitted to grow or stand more than 7 inches on any property in the city and no noxious or invasive vegetation shall be permitted to grow or stand on any property in the city.
Part 2. Section 80-17-5.5 of the code is created to read:
5.5. CONTROL OF NOXIOUS AND INVASIVE VEGETATION. All noxious and invasive vegetation shall be reasonably controlled to prevent a public nuisance, as determined by the commissioner of public works.
Part 3. Section 200-51.7-7-a-1 of the code is amended to read:
200-51.7. Vacant Building Registration.
7. MINIMUM REQUIREMENTS FOR VACANT BUILDINGS.
a. Lot Maintenance Standards.
a-1. All grass and weeds on the premises including abutting sidewalks, gutters and alleys shall be kept below [[9]]>>7<< inches in height and all >>noxious, invasive,<< dead or broken trees, tree limbs [[or shrubbery]] >>, shrubs, vines, weeds or other plants<< shall be cut and removed from the premises >>, as provided in ss. 80-17 and 275-81<<.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB 155751-2
Andrew R. VanNatta
03/25/2015