View the PDF version Google Docs PDF Viewer
Chapter 98
VEGETATION*
Article I. In General
Sec. 98-1. Violations.
Sec. 98-2. Damaging, pulling, etc., flowers, plants, trees, etc.
Sec. 98-3. Attaching wires to trees.
Sec. 98-4. Tree trimming and removal-Generally.
Sec. 98-5. Same-Forestry policy.
Secs. 98-6--98-30. Reserved.
Article II. Noxious Weeds and Vegetation
Sec. 98-31. Definitions.
Sec. 98-32. Legislative determination; purpose of article.
Sec. 98-33. Declared nuisance.
Sec. 98-34. Designation and general duties of commissioner of noxious weeds
and vegetation.
Sec. 98-35. Notice to destroy and remove; publication.
Sec. 98-36. Duty of property owner to destroy and remove.
Sec. 98-37. City exempt from action of trespass for entering private land to
destroy and remove.
Sec. 98-38. Penalty for failure to destroy and remove.
*State law references-Care of trees and shrubs, MCL 247.241 et seq.; municipal forests, MCL 324.52701 et seq.; destruction
of trees and shrubs, MCL 750.382.
CD98:1
VEGETATION § 98-31
ARTICLE I. IN GENERAL public abatement of trees and plant growth on
private property which interferes with the use of
Sec. 98-1. Violations. or causes site restrictions on public ways or public
property. The regulations may be amended, from
Any person violating this chapter shall be
time to time, to provide for permits, fees and
responsible for a municipal civil infraction.
oversight for persons receiving authorization and
(Code 1975, §§ 18-28, 22-3; Code 2002, § 98-1)
permission of the city to trim, cut, remove, alter or
make use of trees and plant growth in public ways
Sec. 98-2. Damaging, pulling, etc., flowers, and on public property.
plants, trees, etc. (Code 1975, § 18-27; Code 2002, § 98-5)
It shall be unlawful for any person to pull, pick,
trample on, injure, destroy or carry away any Secs. 98-6-98-30. Reserved.
flower, grass, plant, herb, shrub or tree in any
park, square, street or other public ground or,
without the owner's permission, in any private ARTICLE II. NOXIOUS WEEDS AND
lawn, garden, yard or other place, in the city. VEGETATION*
(Code 1975, § 22-1; Code 2002, § 98-2)
State law reference-Malicious destruction of trees and Sec. 98-31. Definitions.
shrubs, MCL 750.383.
The following words, terms and phrases, when
Sec. 98-3. Attaching wires to trees. used in this article, shall have the meanings
ascribed to them in this section, except where the
No person shall fasten any telegraph wire,
context clearly indicates a different meaning:
telephone wire, guy wire or any other wire to any
tree in the city, without first obtaining the consent Noxious weeds includes Canada thistle (Cirsium
of the owner of such tree. arvense), dodders (any species of Cuscuta), mus-
(Code 1975, § 22-2; Code 2002, § 98-3) tards (charlock, black mustard, and Indian mus-
tard, species of Brassica or Sinapis), wild carrot
Sec. 98-4. Tree trimming and removal-Gen- (Daucus carota), bindweed (Convolvulus arvensis),
erally. perennial sowthistle (Sonchus arvensis), hoary
alyssum (Berteroa incana), giant hogweed
No person shall trim, cut, remove, alter, dam-
(Heracleum mantegazzianum), ragweed (Ambro-
age, mark or make use of any tree or plant growth
sia elatior 1.), and poison ivy (Rhus toxicodendron),
on city property, on a public right-of-way, terrace,
poison sumac (Toxicodendron vernix), or other
boulevard, sidewalk or public easement, without
plant which, in the opinion of the city commission,
authorization and permission of the city. No per-
comes under the provisions of this article is re-
son shall have trees or plant growth on private
garded as a common nuisance. Regular sumac
property which interferes with the use of, or
must be trimmed and maintained.
causes site restrictions on, public ways or public
property. Noxious weeds and vegetation includes grass
(Code 1975, § 18-26; Code 2002, § 98-4) more than six inches in height, dead bushes, dead
trees and stumps and bushes and trees infested
Sec. 98-5. Same-Forestry policy. with dangerous insects or infectious diseases,
un-bagged leaves on a property with a principal
The city commission may adopt a forestry pol-
structure, after the leaf season has concluded.
icy and codify such forestry policy in regulations
Leaf season shall be defined as beginning Septem-
which shall determine the methods to be used and
ber 1 and ending April 30. Designated natural
policies to be followed in trimming, cutting, re-
areas, native dune vegetation and bona fide main-
moving, altering, planning and locating trees and
tained wildflower plantings and leaf composting
plant growth on public property, public rights-of-
way, terraces, boulevards, sidewalks or public *State law reference-Control and eradication of nox-
easements. The regulations shall also provide for ious weeds, MCL 247.61 et seq.
CD98:3
§ 98-31 MUSKEGON CITY CODE
in a container or contained area of less than 16 or removed during the growing season, namely
square feet in size may not be considered noxious. April 15 through October 15 of the given year,
(Code 1975, § 22-14; Code 2002, § 98-31; Ord. No. may be cut or removed by the city and the owner
2021, § 22-14, 5-9-2000; Ord. No. 2194, 6-13-2006) of the property charged with the cost thereof. The
publication shall contain the following informa-
Sec. 98-32. Legislative determination; pur- tion:
pose of article.
It is hereby determined that noxious weeds and (1) That noxious weeds, grass more than six
vegetation growing, lying or located on private inches in height, dead bushes, dead trees
land in the city affect and are detrimental to the and stumps and bushes and trees infested
health, comfort, convenience, safety, welfare and with dangerous insects or infectious dis-
prosperity of the residents of the city. The neces- eases must be cut and removed from prop-
sity, in the public interest, for the provisions and erty during the growing season, namely
prohibitions contained in this article is declared a April 15 through October 15 of the given
matter of legislation determination and public year. Un-bagged leaves on a property with
policy and it is declared that such provisions and a principal structure, after leaf season
prohibitions are enacted in pursuance of and for has concluded, must be removed.
the purpose of securing and promoting the health,
comfort, convenience, safety, welfare and prosper- (2) That if the owner, agent or occupant re-
ity of the city and its inhabitants. fuses to destroy the noxious weeds, the
(Code 1975, § 22-15; Code 2002, § 98-32; Ord. No. city or its contractor may enter upon the
2021, § 22-15, 5-9-2000) land and destroy them and remove them.
Sec. 98-33. Declared nuisance. (3) That any expense incurred in the destruc-
All noxious weeds and vegetation growing, tion shall be paid by the owner of the land
lying, or located on any land within the city are and the city shall have a lien against the
hereby declared to be a public nuisance. land for the expense, to be enforced as
(Code 1975, § 22-16; Code 2002, § 98-33; Ord. No. provided by this article or in the manner
2021, § 22-16, 5-9-2000) of enforcement of tax liens.
Sec. 98-34. Designation and general duties (4) That any owner who refuses to destroy
of commissioner of noxious weeds such material and remove it may be sub-
and vegetation. ject to a municipal civil infraction.
The city manager shall appoint a commissioner
(5) That the city or its contractor may cut or
of noxious weeds and vegetation, who shall super-
intend the control and eradication of noxious remove the weeds as many times as is
weeds and vegetation. Assignment of staff to necessary and charge the cost to the prop-
monitor noxious weeds on public and private erty owner. Uncovered costs may be placed
property may also be delegated to appropriate as a lien on the property and/or subject to
departments in the city. collection proceedings.
(Code 1975, § 22-17; Code 2002, § 98-34; Ord. No.
2021, § 22-17, 5-9-2000) (b) Such notice shall state that, for failing to
State law reference-Authority to appoint commissioner comply with the notice, the city, through its com-
of noxious weeds, MCL 247.61. missioner of noxious weeds and vegetation, shall
have the right to enter upon such lands and
Sec. 98-35. Notice to destroy and remove; destroy and remove such noxious weeds or vege-
publication. tation and the city shall have a lien upon such
(a) The city shall publish in a newspaper of lands for the expense and cost so incurred, which
general circulation in the city during the month of shall be levied and collected against the property
March that noxious weeds and vegetation not cut in the same manner as general taxes.
CD98:4
VEGETATION § 98-38
(c) Additional notice shall be provided as out-
lined and adopted by the city commission policy.
(Code 1975, § 22-18.1; Code 2002, § 98-35; Ord.
No. 2021, § 22-18, 5-9-2000; Ord. No. 2194, 6-13-
2006)
Sec. 98-36. Duty of property owner to de-
stroy and remove.
It shall be the duty of every owner or his
authorized agent, of any lands in the city, to cut
down or cause to be cut down, pulled out, de-
stroyed and removed all noxious weeds and veg-
etation growing, lying or located on such lands, so
as to prevent the same from perpetuating them-
selves or spreading infectious diseases, or becom-
ing a detriment to public health, during the
growing season as often as may be necessary to
prevent them from blooming or reaching a seed-
bearing stage or from spreading infectious dis-
eases. If such owner, or his authorized agent,
shall fail to do so, after notice as provided in
section 98-35, he shall be in violation of this
section.
(Code 1975, § 22-19; Code 2002, § 98-36; Ord. No.
2021, § 22-19, 5-9-2000)
Sec. 98-37. City exempt from action of tres-
pass for entering private land to
destroy and remove.
The city or its contractor shall not be liable in
any action of trespass for entering upon private
lands for the purpose of cutting down, destroying,
or removing noxious weeds or vegetation.
(Code 1975, § 22-21; Code 2002, § 98-37; Ord. No.
2021, § 22-21, 5-9-2000)
Sec. 98-38. Penalty for failure to destroy and
remove.
Any owner of any private lands or his autho-
rized agent, who shall fail or refuse to destroy and
remove any noxious weeds or vegetation provided
in this article, shall be responsible for a municipal
civil infraction.
(Code 1975, § 22-20; Code 2002, § 98-38)
CD98:5
Sign up for City of Muskegon Emails