HomeMy WebLinkAboutITEM VII - 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) Noxious Weeds: 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 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.
(B) Uncut Turf Grass and Noxious Weeds; Public Nuisance; Abatement by City
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 native landscaping areas, as outlined in paragraph (D)
below, provided that appropriate measures be taken to eliminate noxious weeds as
defined in 17-33(E). Failure to eliminate the noxious weeds or otherwise conform to the
native landscaping management plan shall forfeit the exemption to this Section.
(D) 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.
(2) A property owner in the City must apply to the Director of Parks, or designee, for
approval of a native landscaping area on privately owned land. The application shall
define the proposed native landscaping area on a native landscaping management plan
indicating the types of vegetation to be used and any other information 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 noxious weeds, as defined in 17-33(E), and
rodent infiltration.
(3) Failure to comply with the approved 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.