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Ordinance 23-004

An Ordinance Amending Section 62-86 of the Code of Ordinances of the City of Brookings, South Dakota, and to Provide for the Designation of “No-Mow” Vegetation Areas and “No Mow May” in the City of Brookings, South Dakota.

Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows:

That Section 62-86 of the Ordinances of the City of Brookings is hereby amended to read as follows:

I.

Section 62-86. Duty of Owner/Exceptions for Vegetation Management Practices.

1.   Duty to maintain lawn, grasses and weeds. No owner of any lot, place or area within the city, or the agent of such owner, or the occupant of such lot, place or area, shall allow or permit to remain upon any such lot, place or area, or upon any sidewalk or boulevard abutting the same any weeds, tall and undesirable grass or deleterious or unhealthful growths or other noxious matter that may be growing, lying or located thereon, and the growing of such weeds or other noxious or unhealthful vegetation is hereby declared to be a nuisance. The presence of primary or secondary noxious weeds as identified by the county weed board or the growth of any other vegetation referred to in this section to a height of 15 inches or more shall be prima facie evidence of such nuisance and a violation of this ordinance. Hay which is periodically mowed and removed from public or private property shall not constitute a nuisance under this section. 
2.   Exceptions for vegetation management practices. 

1. “No-Mow” areas designated by the Parks and Recreation Department, retention/detention ponds, the Dakota Nature Park, and Edgebrook Golf Course shall not be subject to the requirements of this section because different vegetation management practices are intended to apply to these areas. 
2. In addition, to promote insect pollinators, the City will permit owners or occupants to refrain from mowing during the month of May. Those wishing to participate in “No Mow May” may refrain from mowing their lawns, grasses and weeds during the month of May, but must bring their property into compliance with Section a. of this ordinance by June 7^th immediately following their participation in a “No Mow May”.

II.

Any or all ordinances in conflict herewith are hereby repealed.

First Reading:                       February 14, 2023

Second Reading:                 February 28, 2023

Published:                             March 3, 2023

                                                                        City of Brookings, SD

ATTEST:                                                        Oepke G. Niemeyer, Mayor                                   

Bonnie Foster, City Clerk