POLICY DATABASE
Sparta, N.C., Code § 92.24(A)(1) (Current through December 6, 2016.)
Brief Summary
Generally declares weeds or other vegetation having an overall height of more than 18 inches to be a public nuisance, but exempts (among other things) income-producing or farm-related products; and growing and producing vegetable plants (including in community gardens).
Legal Strategies
Creates an exemption.
Reach
Community-wide
Food System Category: Grow, Get
State: North Carolina
Jurisdiction Type: Township
Jurisdiction Name: Sparta
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "growing and producing vegetable plants" (§ 92-24(A)(1)).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Yes. Although not labeled "findings," this language is included: "The following enumerated and described conditions [including sec. 92.24(A)(1)]...are hereby found, deemed, and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the Town and are found, deemed and declared to be public nuisances wherever the conditions may exist." § 92.24(A).
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Unclear. Although not labeled "intent" or "purpose," section 92.24 (A) provides as follows: "Unlawful conditions enumerated. The following enumerated and described conditions, or any combination thereof, are hereby found, deemed, and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the Town and are found, deemed and declared to be public nuisances wherever the conditions may exist and the creation, maintenance or failure to abate any nuisances is hereby declared unlawful." §92.24 (A).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
No.
Does the law address implementation in some way?
No.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Violating conditions may be required to removed or otherwise corrected and all expenses incurred thereby shall be chargeable to and paid by the owner of the property and shall be collected as taxes and levies; criminal action as provided in G.S. § 14-4; and penalty provisions of section § 10.99. § 92.24(C)-(E).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Section 92.24(A)(1) is located in Title IX: General Regulations, Chapter 92: Health and Sanitation; Nuisances. History: Ord. passed 8-7-2012.