§ 6.01.260. Weed control.

(a)

Developed property. Developed property, for the purpose of this Section, includes land that has been substantially improved, with structures, landscaping and/or hardscape on areas zoned for residential and nonresidential uses, except areas zoned and used for agricultural purposes. All owners, agents and occupants of land in the Town shall prevent developed property owned or occupied by them from becoming overgrown in weeds. Weeds shall include noxious weeds listed on the Federal and Colorado Noxious Weed Lists, copies of which may be obtained from the Department of Parks and Recreation during normal business hours, and other vegetation grown in a rank or unsightly fashion and shall also include, without limitation, common ragweed, fireweed, milkweed, mustard, Russian thistle, sandburs and other similar plants and vegetation. The foregoing enumeration is not intended to be all-inclusive, but rather is intended to be indicative of those types of plants which are considered a nuisance. Brush or grass on developed properties in excess of twelve (12) inches in height shall also be deemed a violation of this Code. This Subsection does not apply to natural grasses in open space and passive common areas; landscape or decorative grasses; flower or vegetable gardens, cultivated or tended shrubbery, xeriscape plants and materials; or agricultural crops on land zoned for agriculture, including, but not limited to, hay or grass grown for feed, fodder or forage.

(b)

Undeveloped property. It is unlawful and deemed a nuisance for the owner, agent or occupant of any undeveloped property to permit weeds to grow on such property. Undeveloped property, for the purpose of this Section, is property that is not "developed property" under Subsection (a) above or property that has been overlot graded, but not improved, shall also be considered undeveloped. Weeds shall include noxious weeds listed on the Federal and Colorado State Noxious Weed Lists, copies of which may be obtained from the Department of Parks and Recreation during normal business hours, and other vegetation grown in a rank or unsightly fashion and shall also include, without limitation, common ragweed, fireweed, milkweed, mustard, Russian thistle, sandburs and other similar plants and vegetation. The foregoing enumeration is not intended to be all-inclusive, but rather is intended to be indicative of those types of plants which are considered a nuisance. Undeveloped property shall be allowed to grow native and other acceptable vegetation to their naturally occurring heights, as this practice is essential for accepted erosion control practices, wildlife habitat and natural suppression of weeds. This Subsection does not apply to agricultural crops on land zoned for agriculture, including, but not limited to, hay or grass grown for feed, fodder or forage.

(c)

Weeds shall be controlled by cutting, spraying or other lawful and suitable methods of weed control. Suitable control may include reseeding of bare areas with desirable grass species as defined in the Storm Drainage and Environmental Criteria Manual adopted by the Town. Maintaining property in a "bare ground" state does not constitute acceptable weed control. Mowing property, as a sole practice, for control of unwanted weeds is not deemed a suitable method for weed control. Control of unwanted weeds requires an integrated weed management program which may include any number of, but is not limited to, the following: over-seeding with desirable grasses, appropriate herbicide application, mowing and mechanical removal of weeds.

(d)

The Town Council may, by resolution, exempt certain areas in the Town, whether publicly or privately owned, from the prohibitions contained in this Section, if the Town Council determines that such areas are: natural open space, passive common areas, conservation areas, erosion control areas, agricultural zoned property or irrigation or drainage ditch rights-of-way.

(Ord. 1.467 §7, 2015; Ord. 5.68.1 §1, 2010; Ord. 5.68 §1, 2008)