(A) Premises. For the purpose of this section, the term PREMISES means the lot, plot or parcel of land, including vacant land or building designed or used for residential, commercial, business, industrial to include but not limited to:
(1) Front or side areas between the property line or sidewalk and curb.
(2) The area between the sidewalk and curb.
(3) Traveling way.
(4) Pavement edge and the rear or side parkway between the property line.
(5) If no paving exists to the end of the private property line.
(B) Height limitation. It shall be unlawful for any person, owner or occupant of any premises, occupied or unoccupied to permit weeds or grass located on any premises in the city to grow to a height greater than 12 inches; or to fail to remove weeds or grass from such premises after the same been cut shall be declared a nuisance.
(C) Unlawful. It shall be unlawful for any person to:
(1) Permit the accumulation, or to throw, place, dump or deposit any lawn trimmings, hedge trimmings, or other cutting of weeds, grass, flowers or other vegetation on any premises occupied or unoccupied.
(2) Permit the accumulation, or to throw, place, dump or deposit any lawn trimmings, hedge trimmings, or other cutting of weeds, grass, flowers or other vegetation on or in any gutter, street, sidewalk, parkway, driveway, curb, alley or any other public property.
(3) Allow any vegetation, including but not limited to trees, shrubbery, bushes and vines, to grow on premises so as to project across and over property lines or on to the right-of-way of the alley, street or sidewalk.
(D) Exempt. The following shall be exempt from this section:
(1) Agricultural crops (See division (E) of this section for additional requirements).
(2) Hay that is grown for the specific purpose of cultivation, provided that the property is mowed and baled at least once every 45 calendar days (See division (E) of this section for additional requirements).
(3) Cultivated trees or shrubs.
(4) Wildflowers, but only until such time as seeds have matured following the final blooming of the plants during the months of March through May.
(5) Portions of lots used for flower gardens, shrubbery or vegetable gardens.
(6) Any creeks, river and natural area approved by the city.
(7) An area designated as a natural conservation area, preserve or habitat by any federal or state law or agency or the City Council and the removing or cutting of the vegetation within that area is prohibited by federal or state law or local ordinance.
(8) Any ditch or drainage, or portion thereof, which has been determined by the Public Works Director or City Manager to be of such depth or size that it constitutes a special or unusual hazard or maintenance problem, or the maintenance of which is the designated responsibility of any governmental agency other than the city.
(E) Agricultural properties - cultivated and uncultivated.
(1) Uncultivated agricultural property. A person, owner, tenant or agent responsible for or claiming or having supervision or control over uncultivated agriculture property commits an offense if such permits or allows:
(a) Vegetation to grow to a height greater than 12 inches within 50 feet from any adjacent property under different ownership, a right-of-way or easement; or
(b) Vegetation to interfere with visibility requirements at any intersection of public thoroughfares.
(2) Cultivated agricultural properties. Where the distance between the growing crop and adjacent property under different ownership, a right-of-way or easement is less than 25 feet, the person, owner, tenant or agent responsible for or claiming or having supervision or control over cultivated agriculture property commits a violation if such person permits or allows:
(a) Vegetation to grow to a height greater than 12 inches between such growing crop and any adjacent property under different ownership, a right-of-way or easement; or
(b) Such growing crops interfere with visibility requirements at any intersection of public thoroughfares.
(3) Definition of AGRICULTURAL PROPERTY. For the purpose of this section, property is considered to be AGRICULTURAL PROPERTY, whether cultivated or uncultivated, if it has been granted a property tax exemption by the county appraisal district, or equivalent authority, pursuant to the Texas Property Code or State Constitution, for agricultural or wildlife management or a property that has not been granted a property tax exemption by the county appraisal district but is routinely cultivated producing an agricultural crop during the past three calendar years.
(F) Duty of owner. It shall be the duty of every owner, occupant, or person in control of any occupied or unoccupied premises or any portion thereof, to use every precaution to cut, remove, and prevent weeds, grass or other vegetation from growing on the premises so as to become a nuisance or fire hazard and to comply with this section as often as may be necessary to comply with the provisions of the section.
(Ord. 17-1185, passed 4-20-2017; Ord. 19-1229, passed 8-15-2019; Ord. 21-1280, passed 12-2-2021; Ord. 23-1329, passed 1-11-2024) Penalty, see §
90.99