HomeMy WebLinkAboutITEM V _ Staff edits - Ch. 17 Native Plant Laguage ConcernsCity of Oshkosh Municipal Code Concerns
Information obtained from City of Oshkosh website on 1/13/2022 and 1/14/2022
Chapter 17 - Morals and Conduct
Section 17-33 - Public Nuisances
The following acts, omissions, places, conditions and things are hereby specifically declared to
be public nuisances affecting the health, safety and welfare of persons within the City of
Oshkosh, but shall not be construed to exclude other health nuisances coming within the
definition of Section 17-32:
(E) CURRENT LANGUAGE:
Noxious Weeds: All noxious weeds and other rank growth or vegetation All noxious weeds as
defined by Wisc. Secs. 66.0407 and 66.96 and/or classified as Prohibited or Restricted by the
Wisconsin Department of Natural Resources per Chapter NR 40, Wis. Adm. Code.;
Sec. 17-44 - Weed Cutting and Lawn Care
(A) Owner’s Responsibility
The owner of every parcel of land within the City shall cut or cause to be cut all grass in
excess of eight (8) inches in length, dandelions, and weeds and other like vegetative
growth in excess of eight (8) inches in length upon said land and in the public right-of-
way adjoining said land. The owner of every parcel of land within the City shall cut, or
cause to be cut, all turf grass, dandelions, and noxious weeds as defined in 17-33 (E),
that are in excess of eight (8) inches in height in upon said land and in the adjoining
public right-of-way of said land. Any owner failing to comply with this provision is subject
to penalties provided in Section 17-46.
(B) Uncut Growth Turf Grass and Noxious Weeds; Public Nuisance; Abatement by City
All uncut growth as outlined above is hereby declared to be a public nuisance and fire
hazard and shall be cut by the City at its option if the owner fails to comply with this
ordinance. All uncut turf grass, noxious weeds, and other vegetative growth as defined
above is hereby declared to be a public nuisance and fire hazard and will be cut by the
City at its option if the owner fails to comply with this ordinance. In addition to any other
penalty provided in this Code, the costs thereof, together with an administrative charge
applied to the bill, imposed each time the growth is cut, shall be charged against the
property as a special tax.
(C) Exemption
This ordinance shall not apply to appropriate lands cultivated for agricultural purposes or
to appropriate privately owned nature native landscaping areas, as outlined in paragraph
(D) below, provided that appropriate measures shall be taken to eliminate noxious
weeds as defined in Section 66.96 of the Wisconsin Statutes. 17-33(E). Failure to
eliminate the noxious weeds or otherwise conform to the land native landscaping
management plan shall forfeit the exemption to this Section.
(D) Private Nature Areas Privately owned Native Landscaping Areas
(1) An owner of land in the City may apply to the Director of Parks, or designee, for approval
of a nature area native landscaping area on privately owned land. The application shall
define the proposed nature area native landscaping area on a plan indicating the types
of vegetation to be used and any other information the Director deems that is deemed
necessary. The owner shall agree to hold the City harmless for all acts necessary to
enforce its Weed Cutting and Lawn Care regulation. There shall be specific
management techniques outlined to control weeds and noxious weeds, as defined in 17-
33(E), and rodent infiltration.
(2) Failure to comply with the land management plan native landscaping plan for the area
may result in revocation of approval. The Parks Director, or designee, shall mail to the
owner of the property in question a notice of intent to revoke the plan allowing the owner
thirty (30) days to either correct the violations or to convert the property into a mowed
and manicured lawn composed of a common stand or turf grass mowed to a height of
not greater than eight (8) inches. Failure to act on the notice shall entitle the City to
proceed according to subsection (B) above.