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A homeowner in Charlottetown says he’s prepared to challenge a city bylaw in court after being warned he needs to cut his grass or else he’ll face a fine.
Michael Ross says he thinks the city’s rules on grass length are unconstitutional.
Most of the grass on his lawn has been cut, but a few sections have been left all summer to grow naturally.
“It’s prevented a lot of foot traffic, people letting their dogs use the washroom, litter, things like that — and we just happen to like the way it looks,” Ross said.
“We live on P.E.I. This is P.E.I. soil, and this year we wanted to see what P.E.I. soil would do if left to grow on its own.”
But in June, Ross received a notice from the city saying he had 30 days to cut all the grass, per Charlottetown’s Dangerous, Hazardous and Unsightly Premises Bylaw.
According to the bylaw, grass on city properties must be maintained at a height of 150 millimetres or less.
Ross refused to comply. He said he plans to get the ticket and challenge it in bylaw in court.
He said that since the bylaw is largely enforced only when complaints come in, he feels singled out.
“Why am I going to submit to the esthetic values of someone else on my own property?” Ross said.
“It doesn’t hurt anybody…. I definitely won’t have the mayor tell me how to enjoy my yard.”
Why am I going to submit to the esthetic values of someone else on my own property?– Mike Ross
Similar bylaws do exist in many towns and cities across P.E.I. and the rest of the country — and they have caused some controversy.
Back in the mid-1990s a natural lawn proponent challenged Toronto’s rules in court and won. An Ontario court ruled the bylaw violated the woman’s freedom of expression under the Canadian Charter.
Now some communities, including Stratford, P.E.I., do allow residents to apply to keep part of their lawn natural, but Charlottetown does not.
‘I’m fine with it’
Charlottetown residents CBC News spoke to on Friday had mixed opinions about the rules.
“There should be some kind of rules to force people that don’t want to take care of their lawn to do so, so the whole town will look nice and proper,” said Taha Shakshiki.
Emily Snooks said she’s more so concerned about the environment.
“If people want to grow wildflowers or let their grass grow a little long, I’m fine with it,” she said.
A spokesperson with the City of Charlottetown said in a statement residents who don’t like the rules can take their concerns to city council.
The spokesperson said Mayor Phillip Brown plans to bring up the idea of intentional and managed “no-mow” spaces with local P.E.I. species at a committee meeting. The goal would be to create a purposeful habitat for different species of birds and pollinators.
Ross said he has emailed a couple of councillors and the mayor, who told him he’s welcome to challenge the rules in court.
That’s what he plans to do.
“The process will take as long as it takes,” Ross said.
“A lawyer from Ontario has offered to consult with us free of charge. That will give us some direction, and we’ll move from there.”
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