8.10.230 Hazardous and noxious vegetation.
A. A person in charge of a premises that abuts a public way must not permit, allow or cause to exist vegetation on the premises that:
1. Is a hazard to pedestrian use of a public sidewalk or is a hazard to bicycle or vehicular use of a public or private street by impeding passage or vision per Sections 17.54.080 and 17.58.120(D);
2. Obstructs drainage facilities in the public way, including but not limited to roadside ditches, street curbs and gutters, catch basins or culverts;
3. Has roots that have cracked or displaced a sidewalk, curb or street; or
4. Is a weed, grass or dead plant more than 10 inches high and is located the area between the property line and the back edge of curb or the edge of an improved roadway or right-of-way.
B. A person in charge of a premises must not permit, allow or cause to exist vegetation on the premises that is a weed or grass more than 10 inches high at any time during the year.
C. The prohibition described in subsection B of this section does not apply to the following types of vegetation unless the vegetation obstructs, blocks, or impedes any visual sight lines or signs required to ensure safe and efficient vehicular and pedestrian movement upon city streets, or the vegetation creates a safety hazard as determined by the city manager or designeee:
1. Agricultural grasses that are not a fire hazard and are actively used for grazing livestock;
2. Crops that are being commercially grown;
3. Areas identified by the McMinnville zoning ordinance as open space or natural resource areas;
4. Portions of lots used for flower or vegetation gardens, or shrubbery;
5. Naturally wooded or native forest remnant area;
6. Wetlands;
7. Lands within a designated 100-year floodplain;
8. Lands encumbered by conservation easements;
9. Public parks or private or municipal golf courses;
10. Drainage ponds or ditches designed to meet city stormwater conveyance requirements;
11. Any vegetation that the city manager or designee determines would not create a public hazard or otherwise be detrimental to the public safety, health or welfare of the public. In making this determination, the city manager may seek input from the fire chief, fire marshal, or other appropriate staff. The city manager may also place appropriate conditions upon such approval.
D. A person in charge of a premises must not permit, allow or cause to exist vegetation on the premises that the city manager or designee has declared to be a fire hazard or potential fire hazard to other properties.
E. A person in charge of a premises must not permit, allow or cause to exist the growth of noxious vegetation on the premises. As used in this section, “noxious vegetation” means all plants identified by the city manager or designee on an official list of noxious vegetation maintained by the city’s code compliance office, which may incorporate by reference all or part of any existing list developed by any state or county entity, including the plant varieties listed in Oregon Department of Agriculture Noxious Weed Policy and Classification System.
F. In addition to any corrective action ordered by the city, a person found to have violated the provisions of this section may be assessed a civil penalty. The amount of the civil penalty assessed for each day of continuing violation will not exceed the amount established for a Class 5 code violation. (Ord. 5079 §1 (Exh. 1 (part)), 2019).