laws prohibiting and regulating public nuisances and potential public nuisances. For further detail and exact wording of these sections of the MA, please refer to Appendix A. City of Windsor By-law 3- 2006, “A By -Law To Establish Standards Respecting Yard Waste & Exterior Property Maintenance And To Prohibit Littering In The City Of Windsor” (sometimes called the “dirty yard by - law”) is a by -law that, amongst other things, addresses the maintenance of personal property and deems unkempt yards as a nuisance with the potential of creating health and safety hazards.

Section 3.1.2 of the dirty yard by-law provides that every owner of property shall ensure that the hedges, plantings, trees and other landscaping on a property shall be maintained in a healthy condition, acceptable to the Officer. Furthermore, Section 3.1.3 provides that every owner of property shall ensure that all dead, diseased or decaying hedges, plantings, trees, or other landscaping which may be a hazard in the opinion of the Officer, shall be removed or returned to a healthy condition.

We have surveyed similar by-laws of several other Ontario municipalities to review their language with particular regard to whether their by-laws regulate overgrowth of landscaping on private property.

Most by-laws surveyed specifically regulate dead, decaying or damaged trees (including branches or limbs) and the maintenance or removal of dangerous trees. However, some of these by-laws are specific as it relates to what constitutes a nuisance, the maintenance of exterior property, what is meant by keeping properties neat, tidy and/or clean, as well as overgrowth and unsightly conditions. As the City has a dirty yard by-law which regulates yard waste and exterior property maintenance, it would be appropriate to include regulation of overgrown landscaping within this by-law.

While Pickering refers to plants, vegetation, and grass that have become a “nuisance”, this is not entirely clear as to meaning.

The by-laws of London and Kingston specifically address the issue of overgrown landscaping, more specifically as it relates to ground cover/lawns, hedges and bushes. London’s by -law stipulates that exterior property areas are to be maintained in a neat and tidy condition, although not an exhaustive list, includes the removal of ground cover, hedges and bushes which are unreasonably overgrown. Kingston’s by -law stipulates that property, lands, yards, and buildings whether vacant or not shall be kept clear and free from lawns, hedges and bushes from becoming overgrown and unsightly by keeping trimmed.

The by-laws of London and Essex contain wording such that exterior property areas are to be maintained in a “neat and tidy” condition, with London’s by -law containing a non- exhaustive list of items that assist in defining neat and tidy, and Essex’ by -law noting that such condition should not to detract from the neighbouring environment. Hamilton provides that every owner or occupant of property shall keep vegetation in the yard of their property clean and cleared up, with an accompanying definition of what “clean” and “cleared up” means, outlining necessary heights of plants, shrubs, trees, fruits and vegetable.