The Grass Is Greener When You Don't Mow.

Jun 16, 2010 34 Replies

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In Kansas City Kansas, a so-called Code Violation is a misdemeanor punishable by up to 6 months in jail. The first time fine, even if the situation is corrected, is typically $149.10. (but sometimes is $249.10. $49.10 is court cost) If you don't pay or don't show up for court, you go to jail. I'm personally familiar with the situation in that city (1), but with a short search, I couldn't find a good link. I did find one for Prairie Village, Kansas (part of the KC metro)

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: "If violations are not corrected in the time determined by the Code Enforcement Officer, a Notice to Appear in Municipal Court (ticket) may be issued. When this occurs, the owner/resident must appear in Court. Upon conviction in Municipal Court, violators may be required to pay fines and/or serve time in jail."

These laws are local, so the penalty and practices vary. But yes, without a doubt, people are jailed for caring for their lawn differently than what some other people want. I consider this a first amendment violation, an infringement of freedom of expression.

(1) I watched several municipal Code Violation "trials". The defendant never won.

By your own statements, you cannot go to jail for long grass or "code violation" and your first sentence contradicts further statements posted by you.

You can go to jail for not complying with authority demands or violating court orders and such.

These laws are local, so the penalty and practices vary. But yes, without a doubt, people are jailed for caring for their lawn differently than what some other people want. I consider this a first amendment violation, an infringement of freedom of expression.

(1) I watched several municipal Code Violation "trials". The defendant never won.

om...

If being summonsed to court via a "ticket" which would indicate a CIVIL infraction which CAN NOT result in jail time is your example you clearly have no understanding of the law...

Your example sounds a lot like the people who were jailed were held in contempt of court either due to their conduct in the hearing OR for their decision to ignore the order of the court to pay a fine...

P.S. If the infraction itself was one that would result in jail time as a potential outcome you would either be arrested by the official pressing the charge and brought into court for an arraignment where the charge(s) against you are specified and described and you are given a chance to enter a plea or you would have been mailed an official "notice to appear" by the court and provided with an attorney at the time of the hearing if you did not bring one with you... You may not be brought before a hearing where the outcome of being found responsible is jail time without a court appointed lawyer being available if you can not afford your own attorney...

Also, a criminal offense can be a misdemeanor which only imposes a FINE when found guilty... Any jail sentence imposed would be a separate and distinct charge brought against you for failure to comply with the order of the court to pay the fine levied against you when you were found guilty and would be the separate result of a subsequent trial or hearing process...

~~ Evan

Thanks. Good mnemonic.

.com...

I didn't cite any "civil infraction" (I'm not sure what you mean by that). The code violations in KC, KS, are criminal violations, as I said, misdemeanors that carry jail time. they are heard by Judge Roberts or Judge Ryan. Prairie Village, Kansas has similar laws.

There are several ways a defendant can go to jail for a conviction. True, one way would be the failure to pay a fine. Another, would be to fail to show up for court, and so on. But a defendant can go to jail, even directly.

  • Nehmo

What statement of mine contradicts another? I repeat, a defendant _can_ go to jail for a code violation in Kansas City, Kansas. I'm sure in other jurisdictions it's possible too. In some other jurisdictions perhaps there are no laws on the issue.

` ~ - Nehmo

I realize the ordinances use the word =93noxious=94, but the word means harmful. Harmful to what? And which plants are the ordinances referring to? Actually, there is no list of noxious plants, and =93noxious=94 isn=92t defined legally. It=92s just a word the writers of th= e ordinances thought sounded good. Thus, there is yet another reason for the repeal of these laws. They are vague, perhaps unconstitutionally vague.

It=92s hard to measure the gas exchange of grass, and I don=92t have any research with any definite measurements. However, it stands to reason the more leaf area, the more stomata (openings for gas); then, the more gas exchange. But you are suggesting that not cutting reduces the leaf area by making the grass less dense. So, even though individual plants contain more gas exchange area, there may be less gas exchange area per land area with not-cutting.

If you compare an abandoned lawn, one that is uncut and unwatered, to one kept up, then it looks like the abandoned one is less dense. But the cause probably is the difference in watering =96 not cutting. I didn=92t take a position on watering or not watering. That=92s a different issue. But I would suppose watering makes the grass more effective at transforming CO2 to O2.

And my other argument, the pollution caused by cutting grass, is untouched by a rebuttal about the gas exchange. Lawn mower engines cause plenty of pollution of many kinds.

Typically lawn care uses either the two cycle engine or a small four cycle engine. Two cycle engines are inherently more pollution producing because they don=92t have complete cycles as with a four stroke engine. Some un-burnt petroleum gas is exhausted as pollution.

Small four stroke (stroke or cycle are just different names) engines are not as bad as two stroke, but they are still very much pollution causing. They have no anti-pollution measures that a larger car engines would. There=92s plenty of information on this. I already linked to two sites, and it=92s easy to find more.

Additionally, with lawn mowers, pollution is caused by spilt gasoline, and gas just sitting in gas cans or small tanks that eventually evaporates into the atmosphere.

How is this "proof of nothing"? Even a good two cycle engine causes plenty of pollution per unit work. But even if we ban those engines (which, BTW, have the advantage of being light), the small four cycle engines don't do well when it comes to emissions either. But we can substantially reduce the use of both kinds of engines if we don't mow.

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"Two-stroke engines produce a lot of pollution because the fuel-air mixture in them gets contaminated with the engine=92s lubricating oils. Simultaneously the combustion chamber draws in the contaminated mixture as exhaust gases are expelled through an exhaust port. Some of the fuel and oil gets mixed with the exhaust."

The situation with polluted air is very serious, you know. People and other animals cough and die.

Birds would be better served if we didn't mow. In unmowed forest preserves birds thrive. In any case, cutting grass is unnatural.

~{|) Nehmo (|}~

-snip-

The 'natural' environment? [which, IMO includes mowed lawns]

Sure there are--

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Both federal and state lists. And I'll bet some counties have lists.

-snip-

I'm with you on the anti-mowing crusade-- I've never understood anyone's fascination with 'well manicured' grass. But some birds [bluebirds, robins, doves . . . probably others] prefer short grass.

Jim

Relevant jurisdictions will have a "noxious weeds list", which you can probably find on your ministry or department of agriculture's web site. Noxious weeds are ones that are a problem for farmers because they are hard to control and spread easily. It's in the interest of farmers (and thus everybody who eats food) that everyone prevent these weeds from flourishing on their property.

Btw, most of the plants on noxious weeds lists are non-native.

I don't think I've ever seen a lawn mower with a 2-cycle engine. Does anyone even sell such a thing these days?

Here let me quote you the statement you contradict later. Common sense in N.America tells us this is incorrect with our legal systems.

"In Kansas City Kansas, a so-called Code Violation is a misdemeanor punishable by up to 6 months in jail"

Later you state it take another violation in a criminal law fashion to "go to jail"

What statement of mine contradicts another? I repeat, a defendant _can_ go to jail for a code violation in Kansas City, Kansas. I'm sure in other jurisdictions it's possible too. In some other jurisdictions perhaps there are no laws on the issue.

` ~ - Nehmo

...and Lawnboys are still some of the quietest gas mowers out there.

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I don't think I've ever seen a lawn mower with a 2-cycle engine. Does

Let me see if I can properly re-format this thread:

Ugh. Ok, so somebody is making wimpy 2-cycle mowers. I've never seen them for sale.

Wasn't there some emmissions laws passed a few years ago pertaining to small engines? Wasn't it supposed to make small engines (lawn mowers, snow blowers, chain saws, etc) cleaner burning?

And don't tell me that a 2-cycle lawn mower is going to be quieter than a 4-cycle one.

And who wants to mess with mixing oil with their gas?

You obviously haven't looked. LawnBoy has made two-cycle mowers for decades.

In CA, perhaps. Modern two-cycle engines are pretty clean burning.

The LawnBoy certainly is.

I certainly don't, certainly not with different mixtures for each tool. That's why my string trimmer/leaf blower/lawn edger is four cycle. One can of gas for everything.

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