ARTICLE II.
WEEDS, GRASS, AND VEGETATION.

SEC. 18-13. GROWTH TO CERTAIN HEIGHT PROHIBITED; OFFENSES.

   (a)   A person commits an offense if he is an owner, occupant, or person in control of occupied or unoccupied premises in the city and:

      (1)   permits weeds or grass located on the premises to grow to a height greater than 12 inches; or

      (2)   fails to remove weeds or grass from the premises after they have been cut.

   (b)   It is a defense to prosecution under:

      (1)   Subsection (a)(1) that the weeds and grass are maintained at or below a height of 12 inches at all points on the premises within 100 feet of its perimeters; and

      (2)   Subsection (a)(2) that the weeds and grass have been mulched, raked, or composted in a manner approved by the director.

   (c)   For purposes of this article, PREMISES means the lot, plot, or parcel of land, plus the front or side parkway between the property line or sidewalk and the curb or traveled way, and the rear or side parkway between the property line and the center line of an adjacent alley. (Ord. Nos. 13796; 17597; 17985; 20599; 21632; 26585)

SEC. 18-14. DUTY TO PREVENT WEEDS, GRASS, OR VEGETATION FROM BECOMING A NUISANCE OR FIRE HAZARD.

   Every owner, occupant, or person in control of any occupied or unoccupied premises in the city shall use every precaution to prevent weeds, grass, or other vegetation from growing on the premises so as to become a nuisance or fire hazard. (Ord. Nos. 13796; 17597; 20599; 22413; 26585)

SEC. 18-14.1. VEGETATION IN ALLEY, STREET, OR SIDEWALK.

   (a)   An owner, occupant, or person in control of any private premises abutting an alley, street, or sidewalk within the city commits an offense if he allows any vegetation, including, but not limited to, trees, shrubbery, bushes, and vines, to grow on the premises so as to project across the property line over or into the right-of-way of the alley, street, or sidewalk.

   (b)   It is a defense to prosecution under Subsection (a) that:

      (1)   the vegetation consisted solely of weeds or grass not more than 12 inches high;

      (2)   no part of the vegetation projected over or into the alley or street at a height of less than 15 feet above the ground; or

      (3)   no part of the vegetation projected over or into the sidewalk at a height of less than eight feet above the ground, except that this defense does not apply if the vegetation obstructed the visibility of a traffic control sign, signal, or device or interfered with garbage or trash collection adjacent to the sidewalk.

   (c)   Vegetation growing in violation of this section is a nuisance and may be abated by the city in accordance with Section 18-17 of this article. (Ord. Nos. 20599; 22413; 25979; 26585)

SEC. 18-15. ENFORCEMENT.

   (a)   For the purposes of this article, DIRECTOR means the director of the department designated by the city manager to enforce and administer this article or the director’s authorized representative.

   (b)   The director shall enforce the provisions of this article; provided, that where a fire hazard exists, the provisions of Sections 18-13, 18-14, and 18-14.1 must be enforced by the fire marshal. (Ord. Nos. 13796; 17226; 20599; 26585)