POLICY DATABASE
Policy 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).

Background Information

State North Carolina
Jurisdiction Name Sparta
Jurisdiction Type Town/Township,
Population Size Under 5,000 People
Legal Strategies
  • Creates an exemption
Reach Community-wide
Food System Category Grow; Get;

Policy Details

Refers to priority populations?
No

Emergency management?
No
Health-related linkage?
Yes

"growing and producing vegetable plants" (§ 92-24(A)(1)).

Environmental linkage?
No

Economic linkage?
No

Includes findings?
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).

Has a stated intent or purpose?
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).

Includes definitions?
No

Addresses implementation?
No

Enforcement provisions?
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).

Evaluation component?
No

Requires extra 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.

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