[Code 1992, § 15.10; amended 8-22-2022 by Ord. No. 22-06]
(a) 
Mowing required. No person owning, leasing or otherwise controlling property within the City shall permit to grow noxious weeds and grasses as defined in W.S.A. § 66.0407. In addition, any grasses, lawns or weeds exceeding one foot in height are declared to be noxious weeds. To prevent such growth and pollination, every property owner, lessee or person in control of property shall mow or cause to be mowed upon such premises all grasses or weeds exceeding one foot in height, regardless of such weeds' nature or effect on the environment.
(b) 
Mowing by city; costs; collection. The Weed Commissioner shall enforce this section from June 1 to December 31 each year, and if any person fails to comply, the Commissioner shall, after five days' written notice to the owner, lessee or person in control of such property, cause the premises to be mowed and report the cost in writing to the City Clerk in the manner provided in W.S.A. § 66.0517. Such charge shall be spread on the tax roll as a special tax to be collected in the same manner as other taxes, unless such lands are exempt from taxation.
(c) 
This section shall not apply to "natural areas," which shall be defined as densely wooded areas, wetlands, marshes, floodplains or City-approved conservancy areas, certain DNR land exempted in W.S.A. § 66.0407 and managed natural landscape areas as defined in Subsection (d) below. Stormwater pond areas are exempted as to the length of the grass if the grass conforms to the approved plans for the stormwater pond, but noxious weeds shall be controlled within the stormwater pond areas.
(d) 
Right to install and maintain a managed natural landscape. An owner, authorized agent, or authorized occupant of any privately owned lands or premises may, consistent with this subsection and all other applicable laws, statutes, rules and ordinances, install and maintain a managed natural landscape.
(1) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MANAGED NATURAL LANDSCAPE
A planned, intentional and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plantings.
MEADOW VEGETATION
Grasses and flowering broad-leaf plants that are native to, or adapted to, the State of Wisconsin and that are commonly found in meadow and prairie plant communities, not including noxious weeds.
ORNAMENTAL PLANT
Grasses, perennials, annuals and groundcovers purposefully planted for aesthetic reasons.
RAIN GARDEN
A native plant garden that is designed not only to aesthetically improve properties, but also to reduce the amount of stormwater and accompanying pollutants from entering streams, lakes and rivers.
TURF-GRASS LAWN
A lawn comprised mostly of grasses commonly used in regularly cut lawns or play areas (such as but not limited to bluegrass, fescue, and ryegrass blends), intended to be maintained at a height of no more than one foot.
(2) 
Findings. The City Council finds that the installation and maintenance of managed natural landscapes is beneficial to the City's environment and its residents and serves to further adopted City goals in that managed natural landscapes require fewer potentially harmful and costly inputs, improve stormwater retention, increase water quality and biodiversity, reduce greenhouse gas emissions, and provide habitat for wildlife, such as birds, butterflies and other beneficial insects and species.
(3) 
Requirements.
a. 
Managed natural landscapes may include plants and grasses in excess of one foot in height and which have gone to seed, but may not include any noxious weeds and must be maintained so as to not include unintended vegetation.
b. 
Managed natural landscapes may not include any plantings which, due to location and manner of growth, constitute a hazard to the public or may cause injury or damage to persons or property.
c. 
Managed natural landscapes shall not include turf-grass lawns left unattended for the purpose of returning to a natural state.
d. 
Natural landscape management.
1. 
Natural landscape management as used in this section shall mean the management and maintenance of a lawn upon which the plantings will exceed 12 inches in length. Proper management and maintenance techniques shall be employed.
2. 
Property owners who wish to plant and cultivate a natural landscape area may do so in accordance with State of Wisconsin Department of Natural Resources Publication PUB-NH-936. "Property owner" shall be defined to include the legal titleholder and/or the beneficial owner of any such lot according to most current City records. Natural landscape management shall include the planting and cultivating of natural lawns or landscapes on property legally owned by the property owner. The installation of a natural lawn or landscaping on any City-owned property, including street rights-of-way, which shall include at a minimum property located between the sidewalk and the street or a strip not less than 10 feet adjacent to the street where there is no sidewalk whether the area is under public or private ownership, shall be limited to the following:
[a] 
Plantings shall not exceed 24 inches in height and obstruct curbs, gutters, roadways or sidewalks.
[b] 
Permanently installed irrigation systems are not allowed.
[c] 
Sight distances must be maintained at all times.
[d] 
Trees or bushes planted in the City-owned property or right-of-way area, as described above, shall have written approval from the City Arborist prior to planting.
[Code 1992, § 15.15]
Any person who shall violate any provision of this chapter or any regulation, rule or order made under this chapter shall be subject to a penalty as provided in section 1-12.
[Ord. No. 07-10, 9-10-2007]
(a) 
Authority. This chapter is recommended by the Geneva Lake Environmental Agency and is adopted by the city under the authority of W.S.A. § 62.04.
(b) 
Purpose and intent. The city finds that Geneva Lake and its streams are a natural asset which enhance the environmental, recreational, cultural and economic resources of the area and contribute to the general health and welfare of the public. The city further finds that regulating the amount of nutrients and contaminants, including phosphorus contained in fertilizer, entering the surface waters will improve and maintain lake and stream water quality.
(c) 
Applicability. This section applies in all areas of the City of Lake Geneva.
(d) 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) 
Agricultural use — Beekeeping; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain; mint and seed crops; raising of fruits; nuts berries, sod farming and vegetable raising.
(2) 
Fertilizer has the meaning set forth in W.S.A., § 94.64(1)(e).
(3) 
Lawn fertilizer — Any fertilizer, whether distributed by property owner, renter or commercial entity, distributed for nonagricultural use, such as for lawns, golf courses, parks and cemeteries. Lawn fertilizer does not include fertilizer products intended primarily for garden and indoor plant applications.
(e) 
Regulation of the use and application of lawn fertilizer.
(1) 
Effective January 1, 2008, no person shall apply any lawn fertilizer within the city that is labeled as containing more than 0% phosphorus or other compound containing phosphorus, such as phosphate, except as provided in the exemptions in this section.
(2) 
No lawn fertilizer shall be applied when the ground is frozen.
(3) 
No person shall apply fertilizer to any impervious surface including parking lots, roadways, and sidewalks. If such application occurs, the fertilizer must be immediately contained and either legally applied to turf or placed in an appropriate container.
(f) 
Exemptions. The prohibition against the use of fertilizer under subsection (e) shall not apply to:
(1) 
Newly established turf or lawn areas during their first growing season.
(2) 
Turf or lawn areas that soil tests, performed within the past three years by a state-certified soil testing laboratory, confirm are below phosphorus levels established by the University of Wisconsin Extension Service. The lawn fertilizer application shall not contain an amount of phosphorus exceeding the amount and rate of application recommended in the soil test evaluation.
(3) 
Agricultural uses, vegetable and flower gardens, or application to trees or shrubs.
(4) 
Yard waste compost, bio-solids or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil.
(g) 
Sale of fertilizer containing phosphorus.
(1) 
Effective January 1, 2008, no person shall sell or offer for sale any lawn fertilizer within the city that is labeled as containing more than 0% phosphorus, or other compound containing phosphorus, such as phosphate, except such fertilizer may be sold for use as provided in the exemptions of this section.
(2) 
Effective January 1, 2008, no person shall display lawn fertilizer containing phosphorus. Signs may be posted advising customers that lawn fertilizer containing phosphorus is available upon request for uses permitted by the exemptions of this section.
(3) 
Effective January 1, 2008, a sign containing the regulations set forth in this section and the effects of phosphorus on Geneva Lake and its streams must be prominently displayed where lawn fertilizers are sold.
(h) 
Enforcement. Violations of this section will be enforced by the city building inspector or code enforcement officer.
(i) 
Penalty. Any person who violates this section in the application of fertilizer at his or her residences shall be subjected to a forfeiture of $25 per violation. Any commercial fertilizer applicator, residential or commercial developer, industrial or commercial owner, or other person who violates subsection (e), and any person who violates subsection (g) shall be subject to a forfeiture of $50 for the first violation within a twelve-month period, $150 for the second violation within a twelve-month period, and $300 for the third and each subsequent violations within a twelve-month period.
(j) 
Severability clause. If any section, provision or portion of this section is ruled invalid by a court, the remainder of the section shall not for that reason be rendered ineffective or invalid.