Mississauga proposing new framework for lawns after previous bylaw struck down

Long grass is seen on a lawn in a residential area in this file photo.

The City of Mississauga is taking another crack at a bylaw to govern the height of grass after a court struck down the city’s previous bylaw earlier this year, saying it violated the freedom of expression of a homeowner who challenged it.

In a report coming before the city’s General Committee this week, city staff are recommending council adopt a new “Turfgrass and Prohibited Plant Species By-law” to prescribe standards for lawn maintenance.

The proposed bylaw would define and regulate “turfgrass” to a maximum height limit of 20 centimetres. City staff say that limit would prevent grass from growing to a point where it could contribute to pollen that might aggravate allergies.

The report also calls for the development of a list of prohibited plant species that could pose “public health and safety risks.”

“The proposed framework provides clear and objective standards that support the maintenance of property, limits regulation to what is necessary to achieve public health and safety objectives and avoids regulating broader landscaping or aesthetic choices,” city staff write in the report.

“The new by-law supports enforcement while providing flexibility for residents in how they manage their properties.”

Turfgrass would be defined as “a ground cover of perennial grasses cultivated for lawns that forms a dense and uniform turf when mown,” whereas the previous bylaw referred to “tall grass.”

Fines for non-compliance would be set at $305, but costs could run as high as $1,200 if repeated inspections are necessary.

In January, the Ontario Superior Court of Justice struck down provisions of the city’s previous Nuisance Weed and Tall Grass Control Bylaw, finding “the provisions serve to restrict societal expression at a landowner’s home.”

The court also found the city had not provided evidence to back up the health and aesthetic rationale for its previous bylaw.

The case followed a challenge from a resident who got into a battle with the city over his naturalized garden.

• READ MORE: Ontario court rules Mississauga bylaw on tall grass infringed this homeowner’s freedom of expression

The report from city staff does not set new parameters for naturalized gardens, though staff say the issue will be addressed as part of a future and more comprehensive review of the property standards bylaw.

The city says it needs the new framework so that it can properly respond to complaints. However staff say it is “intentionally limited in scope and is not a comprehensive redesign of property maintenance regulations.”

Staff consulted with neighbouring municipalities, particularly Toronto, in developing the new framework.

If approved by council, the new bylaw would take effect immediately.

With files from CTV News Toronto’s Alex Arsenych