Wildflowers are defined for purposes of this article as plants
and vegetation that normally grow without cultivation in generally
a natural state in fields and meadows, but also including those plants
which have been planted on any right-of-way, easement, alley, park
or property leased to or otherwise under the control of the city,
by the city or by others with permission of the city, from seeds harvested
from wildflowers.
(1999 Code, sec. 1.1805)
That certain tract of land owned by the city and located at
the intersection of East Fifth Street and Drexel being 16,613.784
square feet of land out of Lot 7 of Motheral First Addition to the
City of Katy in Harris County, Texas, is hereby designated as a wildflower
area.
(1999 Code, sec. 1.1802)
It shall be unlawful for any person to cut, pick, destroy, trample or remove the blossom of any wildflower growing on any right-of-way, easement, alley, park or property leased to or otherwise under the control of the city and designated by the city council, by ordinance, as a wildflower area. An area designated as a wildflower area shall be exempt from the requirements of chapter 6 of the city code during the normal growing season for wildflowers located in the wildflower area, until such wildflowers have produced their seed.
(1999 Code, sec. 1.1801)
No person shall allow a minor to cut, pick, destroy, trample
or remove the blossom of any wildflower growing in any wildflower
area when said minor is the child, by birth or adoption, of the person
accused or is in the care and custody of the person accused, whether
such care and custody is permanent or temporary.
(1999 Code, sec. 1.1803)
It shall be a defense to offenses described in this article
if:
(1)
The
person accused shall have been using the right-of-way, easement, alley,
park or property leased to or otherwise under the control of the city
in connection with some lawful activity for which the property is
maintained by the city;
(2)
The
person accused is an employee of the city engaged in the performance
of official duties; or
(3)
The
person accused is the owner of or has control of the real estate burdened
by a city easement or right-of-way on which wildflowers are growing.
(1999 Code, sec. 1.1804)
