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1740ORDINANCE NO. 1740 (#24-2023) AN ORDINANCE AMENDING ORDINANCE 1737 AND UPDATING JACKSONVILLE MUNICIPAL CODES § 8.01.078 (GRASS OR WEEDS). WHEREAS, City officials believe certain parts of the Jacksonville Municipal Code regarding grass, weeds, and vegetation are out-of-date with 2021 International Property Maintenance Code maintained by the International Code Council. As a result, the City Council believes the following amended provisions and additional requirements are necessary to update and amend the Jacksonville Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF JACKSONVILLE, ARKANSAS: SECTION ONE: JMC § 8.01.078 (Grass or Weeds) shall be amended to read as follows: All real property, fences, exterior structures, including adjacent rights-of-way shall be maintained free from noxious vegetation, weeds, meadows, or plant growth in excess of eight inches (8") in height in all residential districts, in excess of eight inches (8") in height on lots in all commercial zone districts and industrial zone districts on which a structure is located, and in excess of eighteen (18") in height on lots in all commercial zone districts and industrial zone districts upon which a structure is not located. For purposes of this Code, weeds shall be defined as all vegetation other than trees and shrubs; however, this term shall not include gardens or cultivated flowers maintained in flowerbeds. For the purposes of this Code, gardens shall be defined as a plot of ground, located behind the primary frontline of a property, where plants are grown for produce; and flowerbeds shall be defined as a plot of ground, separated from surrounding ground cover by landscape edging or a border, where flowers or shrubs are grown. Flowerbeds must contain a weed barrier or mulch and be located behind the eleven foot (11') City right-of-way easement. Flowerbeds located in front of the eleven -foot (11') City right-of-way easement must be contained with landscape edging or a border, have a weed barrier or mulch and must be no larger than two (2') square feet Exceptions: The restrictions noted above will not apply to undeveloped land that has not been previously subdivided and has been continuously maintained in a natural vegetative state, or to areas specifically designated or certified by the State or the United States as agricultural, wetlands, open spaces, natural or wild flower areas, or other designated preservation areas. Upon the passing of this Ordinance, property owners not in compliance with the aforementioned Code shall file a request for an exemption with Code Enforcement within sixty (60) days. ORDINANCE NO. 1740 (#24-2023) Page Two SECTION TWO: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION THREE: This Ordinance shall take effect immediately upon passage and publication, as provided by and subject to the requirements of applicable law. ATTEST: APPROVED AND ADOPTED THIS DAY OF 2023. CITY OF JACKSONVILLE, ARKANSAS JEFF ELMORE, MAYOR APPROVED AS TO FORM: SUSAN L. DAVITT, CITY CLERK STEPHANIE FRIEDMAN, CITY ATTORNEY Failed to be approved on first reading 08-17-2023.