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HomeMy WebLinkAboutOrdinances (O-08-1677)-05/06/2008ORDINANCE 0-08-1677 AN ORDINANCE AMENDING CHAPTER 42, SECTION 42-31 (b), ORDINANCE 0-98- 1101, WHICH ESTABLISHES THE CITY'S REQUIREMENTS FOR WEEDS, GRASS AND UNCULTIVATED PLANTS IN THE CITY OF COLLEYVILLE CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville establishes requirements for weeds, grass and uncultivated plants as authorized by Chapter 42, Section 42-31 (b), Ordinance 0-98-1101 and it is desirous to update those requirements; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT from and after the effective date of this Ordinance, Chapter 42 Section 42-31(b) of the City of Colleyville Code of Ordinances shall be revised with the following deletions and additions: Sec. 42-31. Weeds, grass and uncultivated plants. (a) Definition of terms. Parkway means the portion of any street between the roadway and the private property line. (b) Prohibition. (1) Permitting or allowing weeds, grass or any plant that is not cultivated to grow to a height in excess of eight (8) inches upon any property within the corporate limits of the City of Colleyville or to leave weeds, grass or uncultivated plants in excess of. eight (8) inches on such premises after they have been cut is hereby declared to be a nuisance. (2) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not Ordinance 0-08-1677 Page 2 of 3 cultivated exceed inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (3) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (4) In the case of agricultural tracts of five acres or larger, this section will be satisfied if the hay or grass is kept mowed to a height no greater than eight (8) inches for a distance of 100 feet around the entire perimeter of the tract. Sec. 3. THAT from and after the effective date of this Ordinance, Chapter 42 Section 42-31(b) of the City of Colleyville Code of Ordinances shall be revised follows: Sec. 42-31. Weeds, grass and uncultivated plants. (a) Definition of terms. Parkway means the portion of any street between the roadway and the private property line. (b) Prohibition. (1) Permitting or allowing weeds, grass or any plant that is not cultivated to grow to a height in excess of eight (8) inches upon any property within the corporate limits of the City of Colleyville or to leave weeds, grass or uncultivated plants in excess of eight (8) inches on such premises after they have been cut is hereby declared to be a nuisance. (2) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not cultivated exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. Ordinance 0-08-1677 Page 3 of 3 (3) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (4) In the case of agricultural tracts of five acres or larger, this section will be satisfied if the hay or grass is kept mowed to a height no greater than 8 inches for a distance of 100 feet around the entire perimeter of the tract. Sec. 4. THAT the effective date of this ordinance shall be the date of its final approval by the City Council. AND IT IS SO ORDERED. The first readin and public hearing being conducted on the ~~_? - day of 9 2008. he second reading and 2008. public hearing being conducted on the ~ day of ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: lY). ~,~ CITY OF COLLEYVILLE David Kelly Mayor Matthew C. G. Boyle City Attorney