Ordinance would keep grass clippings off street
By BENJAMIN C. SHARP bensharp@journal-spectator.com

A proposed ordinance making it illegal to blow grass clippings into the street failed to garner Wharton City Council support this week. City officials decided to reevaluate the statute after several citizens - and one council member - vehemently opposed it.

"This thing is very severe in my opinion and the interpretation of it is very broad. I think that we really need to look at this," Councilman Domingo Montalvo Jr. said. "As it sits right now, I just cannot support it."

The statute, which would amend Chapter 34 of the city's code of ordinances, would make it "unlawful for any person to discard leaves, grass, weeds or other vegetable matter by blowing or sweeping or otherwise depositing said items into a street, gutter or into a drainage ditch of the city."

City Building Official Ronnie Bollom said the intent is to help beautify the city and prevent the blockage of storm drains.

Grass clippings have been pushed into the storm sewers via leaf blowers several times in the past, leading to drainage problems, he said.

"Grass clippings can also end up in your driveway," causing a nuisance, added Councilman Don Mueller.

Violation of the ordinance would be a misdemeanor, with a fine of up to $2,000.

That's ridiculous, said Wharton resident Debra Medina. She told the council Monday the proposed statute, as written, was "overreaching."

"I think this is overly burdensome and punitive and I hope you will reconsider," she said.

Wharton resident Tom Carlson agreed. He said he thought the proposal was a joke when he first heard about it - a joke that could have serious consequences.

"It could be abused badly," he said.

Councilman Montalvo shared a similar concern. He said such an ordinance, which he deemed a "silent tax," is an overreaction to a minor infraction - a transgression that, under certain conditions (such as a windy day) would be difficult to prevent.

"Are we going to have the grass police and the leaf police enforcing this?" he asked.

Besides, what are residents supposed to do with the clippings?

"Pick it up, put it in a bag," Bollom answered.

"Then it goes into a landfill. I don't think that accomplishes anything," Montalvo countered.

Having an ordinance in place doesn't necessarily mean there would be a rash of citations issued, said Councilman Ken Freese. He said Bollom would have the discretion to fine those who are intentionally violating the statute. With no ordinance in place, Bollom's "hands are tied," Freese said.

"Sometimes you need some tools (to work with), and an ordinance is a tool," added City Manager Andres Garza Jr.

City Attorney Paul Webb urged council to take a closer look at the ordinance before considering adopting it.

"I think it needs some work myself. I would suggest the council hold off on it tonight," he said. No action was taken. The ordinance is expected to come back before the council at the Dec. 10 meeting.