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Home My WebLink About11163�V` City Clerk's Office Item # S20 COUNCIL MEETING DATE: April 27, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Harley Gifford, Deputy City Attorney SUBJECT: AN ORDINANCE AMENDING SECTIONS 7-4-1 AND 7-4-2 OF CHAPTER 4 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE RELATING TO WEEDS, CORRECTING BOTANICAL NOMENCLATURE, AND CREATING AN EXEMPTION FOR INTENTIONAL NATIVE PLANT LANDSCAPING SUMMARY: This Ordinance amends Pueblo Municipal Code ("PMC") Sections 7-4-1 and 7-4-2 to: (1) correct outdated and inaccurate scientific names that have appeared in the weed definition since 1977; (2) add Helianthus ciliaris (Texas blueweed), a non-native invasive Helianthus species, to the weed list; and (3) create an exemption from the height restriction for intentional native plant landscaping, allowing residents to cultivate Colorado native plants, including the common sunflower (Helianthus annuus), without risk of citation under the weed ordinance. PREVIOUS COUNCIL ACTION: Chapter 4 of Title VI has not been substantively amended since Ordinance No. 4389 on November 28, 1977. The most recent amendment, Ordinance No. 8194 (May 10, 2010), addressed the penalty structure in Section 7-4-5 only. BACKGROUND: PMC Section 7-4-1 defines "weed" to include a list of named plant species, among them "common sunflower (Helianthus centicularis)." That scientific name is not recognized in current nomenclature. The correct name for the common sunflower is Helianthus annuus. The plant is native to Colorado, is listed on Colorado State University Extension's recommended native plant materials for the Arkansas River Valley region, and supports pollinators and biodiversity. It is not on the Colorado Department of Agriculture's state noxious weed list. Under C.R.S. § 35-5.5-103, a "noxious weed" must be an alien, non -indigenous plant species. Helianthus annuus, as a Colorado native, cannot be a noxious weed. The current weed definition already contains a carve -out for "flower gardens, plots of shrubbery, vegetable gardens and small grain plots." This ordinance adds a parallel exemption for intentional native plant landscaping, meaning plants that the property owner deliberately cultivates from a recognized Colorado native species list. The exemption preserves Code Enforcement's authority over neglected properties where plants grow unmanaged. The distinction between intentional cultivation and neglect is the operative enforcement determination. Section 7-4-1 also contains several other botanical errors from the 1977 original: misspellings (Brassies for Brassica; Ambrosia elatiov for Ambrosia elatior; Xanthium commurie for Xanthium commune; Solanum rostvatum for Solarium rostratum; Leontodore taraxacum for Leontodon taraxacum) and capitalization errors (Cirsium Arvense; Lappula Occidentalis). These are corrected throughout. No species is removed from the list by these corrections. The ordinance also adds Helianthus ciliaris (Texas blueweed) to the weed list. Unlike Helianthus annuus, Texas blueweed is a non-native perennial species that resembles a common sunflower but aggressively invades cultivated fields and rangeland, is unpalatable to livestock, and is listed as a noxious weed in several neighboring states. Section 7-4-1.5 designates City Council as the Undesirable Plant Management Advisory Commission under C.R.S. § 35-5.5-101 et seq. and requires plan review at least once every three years. This ordinance constitutes such a review and update. FINANCIAL IMPLICATIONS: There are no direct financial implications for the City. The ordinance may reduce Code Enforcement citations involving intentionally cultivated native plants. It does not alter the penalty or surcharge structure in Sections 7-4-4 or 7-4-5. BOARD/COMMISSION RECOMMENDATION: Because City Council serves as the Undesirable Plant Management Advisory Commission under PMC Section 7-4-1.5, this ordinance constitutes action by that Commission. STAKEHOLDER PROCESS: A constituent complaint was received by Councilor Danti from a Colorado Master Gardener volunteer with CSU Pueblo Extension. ALTERNATIVES: City Council could choose not to amend the ordinance, in which case Code Enforcement would continue to cite residents for intentionally cultivated native plants. Council could also pursue a broader native and xeriscape landscaping ordinance, but a targeted exemption limited to recognized Colorado native species is more easily administered. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: Ordinance ORDINANCE NO. 11163 AN ORDINANCE AMENDING SECTIONS 7-4-1 AND 7-4-2 OF CHAPTER 4 OF TITLE VII OF THE PUEBLO MUNICIPAL CODE RELATING TO WEEDS, CORRECTING BOTANICAL NOMENCLATURE, AND CREATING AN EXEMPTION FOR INTENTIONAL NATIVE PLANT LANDSCAPING NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that; SECTION 1. Section 7-4-1, P.M.C. is amended as follows: Sec. 7-4-1. — Definitions. As used in this Chapter, the following definitions shall apply: (1) Weed shall mean weeds, grass, brush or other rank or noxious vegetation and shall specifically include: bindweed ([Convolvulus] Conivolvulus arvensis); leafy spurge (Euphorbia esula); Canada thistle ([Cirsium Arvense] Cirsiurn arvense); Russian knapweed (Centaurea pieris); diffuse knapweed (Centaurea diffusa); Russian knapweed (Centaurea repens); spotted knapweed (Centaurea maculosa); perennial sowthistle (Sonchus arvense); puncture vine (Tribulus terrestris); silverleaf poverty weed (Franseria discolor); mouse -ear poverty weed (Iva axillaris); fanweed (Thlaspi arvense); mustard ([Brassiea] Brassica species); purple -flowered ground -cherry (Quincula lobata); Russian thistle (Salsola pestifer); fireweed (Kochia scoparia); redroot pigweed (Amaranthus retroflexus); sandbur (Cenchrus tribuloides); hairy stickweed ([Lappula Occidentalis] Lappula occidentalis); buffaloburs ([Solanum rostvatum] Solanum rostvatum); common ragweed ([Ambrosia elatiov] Ambrosia elation); cocklebur ([Xanthium commurie] Xanthium commune); common sunflower ([Helianthus centicularis] Helianthus annuu; exce t when cultivated as intentional native plant landscaping as defined in this Section): Texas blueweed fHelianthus ciliaris dandelion ([Leontodore taraxacum] Leontodon taraxacurn) or other plant or offending vegetation which is regarded as a common nuisance. This list is not intended to be exclusive, but rather is intended to be indicative of those types of plants which are considered noxious and a detriment to the public health and safety, but shall not include flower gardens, plots of shrubbery, vegetable gardens and small grain plots (wheat, barley, oats and rye) or intentional native plant landscaping as defined in this Section. Intentional native plant landscaping means the deliberate cultivation and maintenance by an owner, as defined in this Section of p,lant species that are indigenous,, to the State of Colorado as identified on the Colorado Native Plant Society recommended species list or the Colorado State University Extension native plant species, list applicable to the Arkansas River Valley region, for purposes of landscaping,, ollinator support, water conservation food production, or aesthetic enhancement of the roe free from Weeds as defined in this Section. To qualify under this definition the plants must be intentional) )anted and maintained by the owner and must not constitute a nuisance under any other provision, of this Code or applicable state law. (2) Owner shall mean the person who is the record owner, person in possession, or person in control of any land, to include, but not limited to, tenants, renters, lessees, and residents. (3) Land shall mean all real property located within the jurisdictional boundaries of the City, except natural wildlife land areas, including the river trails system along the floodway of the Fountain and Arkansas Rivers, the Wild Horse and Dry Creek Arroyos, and land located within two hundred (200) feet of the high-water marks of Lake Minnequa. (4) Ownership of land shall be deemed to extend from the center of the alley behind the lot or tract of land to and including the curb and gutter area of the street in front or on the side of such lot or tract of land. SECTION 2. Section 7-4-2, P.M.C. is amended as follows: Sec. 7-4-2. - Destruction and removal of weeds. u It shall be unlawful for any owner of land, as defined in Sec. 7-4-1(2), to permit weeds in excess of ten (10) inches in height to grow, lie or be located upon such land. It shall be unlawful for the owner of land not to cut, destroy or remove from such land all weeds in excess of ten (10) inches in height. Notwithstanding subsection a the ten -inch height restriction shall not apply to intentional native plant landscaping,as defined in Section 7-4-1 1.5 provided that.. M The plants do not obstruct the sight lines re uired for safe vehicular or pedestrian movement at an street intersection driveway, or alley; The plants do not encroach upon or -overhang an ad"acent roe without the written consent of the adjacent roe owner; and The plants do not constitute a nuisance under Section 7-1-1 of this Code or any other applicable provision. (c) The remaining rovisions of this Chapter, including the notice abatement and penalty provis,ions of Sections 7-4-3 through 7-4-5 shall apply to all weeds as defined in Section 7-4-1 1 that do not gualify for the exemption set forth in subsection b of this Section. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Introduced and initial adoption of Ordinance by City Council on April 13, 2026. Final adoption of Ordinance by City Council on April 27, 2026 Action by t R" Approved on q 'Zcr ❑ Disapproved on Vide rsfdenfiof the ON Council based on the following objections Mayor Action by City Council A_,ft_er Di§@ppr2L/@I by the Ala or: ❑ Council did not act to override the Mayor'sveto. ❑ Ordinance re -adopted on a vote of on Nl Council action on failed to override the Mayor's veto. President of the City Council ATTE It, A & City