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Be It Enacted and Ordained by the Board of Commissioners of the Town of Emmitsburg, Maryland that Chapter Chapter 8.12.040 of the Emmitsburg Municipal Code be, and it hereby is, amended as follows:

The amended section of this regulation reads as follows with new language designated by being in BOLD CAPITAL LETTERS, and language being deleted designated by being stricken through.

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8.12.040 - Removal of grass and weeds.

All grass and weeds growing in the town shall be controlled to the herein defined standards.

Allowed height in stream corridors. Within fifteen (15) feet of the location where the bed of a watercourse, such as a stream or rill, meets the bank, vegetation should be maintained at a minimum height of six inches, with a maximum height of eighteen (18) inches allowed. Where location of the bank is not readily determined, the town code enforcement officer will delineate the location. Measurement will be linear and in a horizontal plane.

Maximum height outside of stream corridors-in undeveloped areas the maximum height allowed will be eighteen (18) inches. In all developed and improved areas, which includes all zoning districts, the maximum height allowed will be eight inches. In the event that the owner, occupant or person in possession of any premises shall fail to trim or cut down and remove any grass or weeds which are taller than herein defined within five days from the receipt of a notice to do so, the owner of said property shall be guilty of a misdemeanor. In the event that any person shall fail or refuse to comply with such notice, it shall be lawful for the town to impose a fine to said property owner of up to seventy-five dollars ($75.00) per day.

PESTICIDE APPLICATION IS NOT CONSIDERED AN ACCEPTABLE METHOD TO CONTROL GRASS HEIGHT.

PROPERTIES DEVOID OF ANY PERMANENT STRUCTURES IN IMPROVED AREAS MAY BE DESIGNATED "MEADOW AREAS" BY THE MAYOR OR TOWN MANAGER. MEADOW AREAS ARE CONSIDERED TO BE "LAND THAT IS COVERED OR MOSTLY COVERED WITH GRASS."

MEADOW AREAS SHALL BE CUT AT LEAST TWICE PER YEAR TO A HEIGHT NOT IN EXCESS OF TWELVE (12) INCHES.  ONE CUTTING SHALL TAKE PLACE IN LATE SPRING AND A FINAL CUTTING SHALL TAKE PLACE AT THE END OF THE GROWING SEASON.

(Ord. 08-03 (part): Ord. 03-13: Ord. 00-9: prior code Art. V § 4)

Section II. Be it Further Resolved, Enacted and Ordained that this Ordinance shall take effect on the date on which the Mayor approves the Ordinance after passing by the Board of Commissioners or on the date on which the Board of Commissioners pass the Ordinance over the veto of the Mayor.

Passed this 20th day of February, 2012 by a vote of 5 for, 0 against, 0 absent, and 0 abstain.

ATTEST:
By:  /s/  Vickie Felix, Recording Secretary

Board of Commissioners
By:  /s/  Christopher Staiger, President

Approved this 20th day of February, 2012
By:  /s/   Donald N. Briggs, Mayor