HomeMy WebLinkAboutITEM VII - REDLINE Weed Cutting and Lawn Care OrdinanceCity 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, or other vegetative growth as defined
above in 17-33(E) 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. Any owner
failing to comply with this provision is subject to penalties provided in Section 17-46. 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 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
Commented [NB1]: These penalties are for all of
chapter 17. There are no other penalties that can be
applied besides this.
Commented [NB2]: Changed “and” to “or”
Commented [NB3]: Added “in 17-33(E)”
Commented [NB4]: Added this language to section
(B) from section (A)
shall forfeit the exemption to this Section.
(D) Private Nature Areas Privately owned Native Landscaping Areas
(1) Applicability. A privately owned native landscaping area is an area that is designated by
the property owner where native plants will be planted, grown, and properly managed to
create a prairie like yard of natural vegetation instead of a typical manicured lawn. A
native landscaping area is not landscaping located directly around the home, or in any
other typical landscaping design, and is only intended to be for an area of land that is
being changed from a manicured lawn to a prairie like yard that is intended to grow
above the allowed 8 inch height.
(1)(2) A n owner of land property owner in the City may must 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 native landscaping management 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)(3) Failure to comply with the approved land management plan native landscaping
management 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.
Commented [NB5]: Added this section to define what a native landscaping area is and is not
Commented [NB6]: Removed “may” with “must”
Commented [NB7]: Added “native landscaping
management” to better align with the wording in section (C) above