This chapter shall be known and cited as the "City of Bridgman
Tall Grass and Weed Ordinance," and shall be applicable and in full
force and effect from May 1 through October 31 of each year.
The City hereby finds that unsightly tall grass and weeds growing
in unsuitable areas can have a blighting effect on neighborhoods,
and can provide a refuge for vermin and insects. The purpose of this
chapter is to regulate the height of grass and weeds in certain areas
of the City in which there is a higher population density, while still
maintaining and preserving the City's unique lakefront location,
which includes sand dunes, wild dune grasses, meadows, wetlands, and
woodlands.
As used in this chapter, the following terms shall have the
meanings indicated:
GRASS
Any type of grass or weed, but not including crops grown
as a source of income, including but not limited to corn, oats or
barley.
LAND USED FOR AGRICULTURE
The use of land for tilling of the soil, the raising of field
or tree crops or animal husbandry, as a source of income.
OCCUPANT
Any person who has the right to occupy a parcel of property
due to being an owner or pursuant to a verbal or written lease or
rental agreement with the owner or agent thereof.
OWNER
Any person holding an ownership interest in land in the City
of Bridgman upon which there is tall grass growing. For the purposes
of this chapter, the name and address listed on the City tax assessment
roll shall indicate ownership interest in such land.
WEEDS
Includes Canada thistle (Circium arvense), dodders (any species
of Cuscuta), mustards (charlock, black mustard and Indian mustard,
species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed
(Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary
alyssum (Bertero aincana), giant hogweed (Heracleum mantegazzianum),
ragweed (ambrosia elatior 1), Japanese knotweed (fallopian japonica),
poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix),
garlic mustard (alliaria petiolata), spotted knapweed (centaurea maculosa),
phragmites (phragmites australis), and/or any other plant which, in
the opinion of the City Council, comes under the provisions of the
Noxious Weeds Act, Public Act 359 of 1941, as amended (MCLA § 247.61
et seq.), including grass over six inches in height, other than that
which is part of a vegetable or flower garden. Weeds shall be regarded
as a common nuisance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any violation of any provision of this chapter is hereby declared to be a nuisance and the City may seek enforcement of the chapter by suit for injunction, damages, or other appropriate legal action, as against a nuisance, at the expense of the property owner under MCLA § 600.2940(3), including reasonable attorney fees, which may be charged as a lien against the premises pursuant to the procedure in §
272-7F. Any such civil action shall be in addition to any prosecution for violations of this chapter as a municipal civil infraction. Commencement of any such proceedings shall not constitute an election of remedies.
The several provisions of this chapter are declared to be separate;
if any court shall hold that any section or provision hereof is invalid,
such holding shall not affect or impair the validity of any other
section or provision of this chapter.