Canton Council proposes jail time for tall grass

The Canton Repository ^ | 5/20/08 | Ed Balint

[traviskicks]

CANTON For residents tired of that overgrown lot that resembles a minijungle next door, the city wants to help by trying to put high-grass violators behind bars.

City Council wants to beef up its existing high-grass and weeds law by making a second offense a fourth-degree misdemeanor, which is punishable by a fine of up to $250 and up to 30 days in jail.

In the spring and summer, it's not uncommon for council members to field complaints from residents about overgrown lots owned by individuals or banks and corporations that ignore the law and notices in the mail.

More than 8 inches constitutes high grass or weeds, according to city law. First-time violators now face a minor misdemeanor, which carries up to a $150 fine and no jail time.

The proposed amendment passed second reading Monday night, and is up for passage at next Monday's council meeting.

Strengthening the law would give judges and police "a way to get their attention," Law Director Joseph Martuccio said of lawbreakers. More pressure also could be applied to lot owners and those responsible through letters, conferences and prosecutor's hearings, he said.

Service Director Thomas Bernabei initiated a review of the existing law. The city is responsible for mowing about 2,400 lots, he estimated at a committee meeting Monday night. Mowing the properties costs the city money, labor and time.

With the growing number of house foreclosures, high grass may be more problematic these days, Bernabei said. How long it takes the city to cut high grass depends on available workers and the number of complaints and lots, Bernabei said.

EQUAL ENFORCEMENT

If council would like a quicker response, it could allocate more money for labor and equipment, he said.

The city spends $225,000 to $250,000 a year on cutting overgrown lots, estimated Councilman Greg Hawk, D-1, who advocated taking a "hard line" on the issue.

Councilwoman Mary Cirelli, D-at large, said she supports the proposed legislation, but wants equal enforcement among residents and banks and corporations that own the unsightly properties.

Martuccio acknowledged it's more difficult to pursue a corporation or bank criminally. However, he said "theoretically" it can be done by following a paper trail to an individual responsible for that corporation.

Pursuing the most egregious high-grass violators "with vigor" could draw media attention, Bernabei said, and serve as a deterrent. Other potential punishments are community service hours spent cutting grass and seeking a court order garnishing someone's wages or issuing liens, he said.

MYERS AND MEADOWS HONORED

Also Monday night, City Council honored Capt. James Myers of the Police Department with an informal resolution. Myers spent about 40 years with the department, initiating various programs, including the polygraph and canine units. Police Chief Dean McKimm also honored Myers with a plaque for his service, and commended Capt. Bruce Allison, who retired recently.

Last week, council honored Melvyn Meadows, who is retiring as the superintendent of the sanitation department. Meadows started his career with the department in 1983.

[Publius Valerius]

It doesn’t have to be something that actually INJURES anyone.

In this situation, the tall grass does injure people. Tall grass is a breeding ground for vermin and other pests that can cause health problems for neighbors or, potentially, property damage.

[sit-rep]

Just Damn!!

Led away in shackles for not mowin’ the lawn...

The fore fathers are doin the twist!

[ellery]

And here's the type of guy who might be out in your front lawn with a tape measure:

The BTK killer was a compliance officer in Park City, KS. Here's one account of how he allegedly used local ordinances to harrass a local woman and drive her out of town: http://www.kake.com/home/headlines/1524417.html

[traviskicks]

wow, that is a great find, talk about bureaucrats gone wild!

[Squantos]

Hold the city too the same standards..........they can’t afford too comply !!!

[Clump]

In Texas you go to jail just for being possession of grass even when it is less than an ounce. They don’t wait until it is two feet tall to arrest you. /sarcasm

[grellis]

Sure sounds stoopit enough to be Michigan, easy mistake to make!

[grellis]

We have a typical downtown postage stamp property, 44' by 97'. I realized early on that taking care of a small patch of lawn is just as big a pain in the butt as a big yard. We started taking out all of the grass from the front yard about ten years ago, and we've been replacing it with perennials, vegetables and a few annuals ever since. It's lovely, and so much more rewarding than just plain grass! It gets prettier every year.

We struggle to keep grass in our backyard for the kids to play on. It's densely shaded, we have an enormous dog, and we have grubs that stand up to dang near anything. Huge pain. If it weren't for the kids, I'd get rid of it all in a heartbeat.

[zeugma]

Do the words “private property” have any residual legal meaning these days?

No. Just asking the question is a misdemeanor. 

[elkfersupper]

Fine with me.

These citizens should be jailed for electing a bunch of jackasses.

[secretagent]

Tall grass is a breeding ground for vermin and other pests that can cause health problems for neighbors or, potentially, property damage.

Good point.

But jail time sounds excessive. Better to mow and add the cost to the property tax bill.

[grellis]

Late last summer my city's ground crew was in my neighborhood mowing all of the "lawns" that had gone over 8 inches. In one, they mowed over a nest of a dozen ratlings. No sign of the mother, she probably took off at the sound of the mower, and has probably had another five or six litters since.

The city charges $50 a pop for a typical postage stamp (50 x 100) in my neighborhood, and they have gone over $100 for the larger props. I really should offer my mowing services to the realtors representing all the vacant props around here. Even with the price of gas being high, I could easily make a couple hundred bucks a month for a very small investment of time.

[secretagent]

Your city charges very reasonable rates. Mulch in place?

Thanks illustrating the threat posed by tall grass in city lots.

[grellis]

What the city charges is insane when you consider that the local kids will do it for $5 a yard, regardless of size.

[Publius Valerius]

But jail time sounds excessive.

I'd tend to agree, at least on first offenses. As far as adding the amount goes, I also think $50 is pretty reasonable, given the energy the city would have to invest in monitoring and then sending crews to cut grass.

But Grellis raises an interesting point; perhaps there is room for the government to privatize this particular operation.

[WayneS]

The best post on this yet.

And it was written what, about 50 years ago?

[andy58-in-nh]

Atlas Shrugged was published in 1957, and every year that passes makes it look more prophetic. Although Ayn Rand could not have predicted the technological revolution that has changed our lives in so many ways, her grasp of human nature and of philosophy allowed her to see that some things never change. The people who wanted to govern every aspect of your life in the 1950s are the same sort of people who wish to do so today.

[WVKayaker]

What the city charges is insane when you consider that the local kids will do it for $5 a yard, regardless of size.

Maybe when these guys were on TV! Where I live, I can't find any willing to leave their gaming (WIii, Nintendo,PSP, et al) long enough...

[WayneS]

Yes.

Our government/society is becoming a “morphing” of Atlas Shrugged and Orwell’s 1983, with bits of Anthony Burgess’ Clockwork Orange and The Wanting Seed thrown in for bad measure.

[WayneS]

...or maybe 1984?