Item - 2021.PH24.3

The Planning and Housing Committee recommends that:  

1.  City Council amend City of Toronto Municipal Code, Chapter 489, Grass and Weeds, as follows:

Maximum height of turfgrass

1. Add the following definition for turfgrass to section 489-1:

TURFGRASS: Ground cover of various perennial grasses grown for lawns, of a type that forms a dense, uniform turf if mown.

2. Amend section 489-2 by:

a. replacing the term "grass and weeds" with the term "turfgrass" so that the height requirement applies to turfgrass;

b. deleting the requirement for removing grass cuttings;

c. requiring that turfgrass be cut when it exceeds 20 centimeters in length, in addition to height; and

d. deleting subsection B which described "grass and weeds."

Removing the natural garden exemption

3. Deleting the natural garden exemption process in section 489-3E.

Maintenance requirements

4. Add a new section 489-2.1 as follows:

The owner or occupant of private land shall maintain all vegetative growth on their land according to the following requirements:

a.  Private land shall be kept free of any prohibited plant species designated under the Bylaw;

b.  Vegetative growth on private land shall not obstruct sidewalks or roadways;

c.  Vegetative growth on private land shall not restrict driver and pedestrian sight lines at intersections, driveways, sidewalks, walkways, or visibility to all traffic control devices; and

d.  Any other conditions respecting health and safety as the Executive Director considers advisable.

5. Add a new Schedule A with a list of prohibited plant species as below. It is recommended that staff review the list on an ongoing basis, in consultation with experts to ensure accuracy and relevance.

Canada thistle (Cirsium arvense)

Common buckthorn; Glossy buckthorn (Rhamnus cathartica; Frangula alnus)

Dog-strangling vine (Cynanchum rossicum; Cynanchum louiseae)

Garlic mustard (Alliaria petiolata)

Giant hogweed (Heracleum mantegazzianum)

Japanese knotweed (Reynoutria japonica var. japonica)

Phragmites (Phragmites australis subsp. australis)

Poison ivy (Toxicodendron radicans)

Purple loosestrife (Lythrum salicaria)

Ragweed (Ambrosia artemisiifolia)

Offences

6. Update the notice, failure to comply and offence provisions to enable the City to conduct inspections, issue orders for compliance, take remedial action and take any other enforcement activities consistent with the authorities in the City of Toronto Act, 2006, including:

a.  Increasing the maximum fine to $100,000;

b.  Adding a special fine in an amount equal to any economic gain obtained from non-compliance;

c.  Including offences for obstruction and failure to provide information as required; and

d.  Designating each offence as a continuing offence.

Bylaw name

7. Change the name of the City of Toronto Municipal Code, Chapter 489 to Turfgrass and Prohibited Plants, and update references to the name as necessary.

2. City Council amend Chapter 27, Council Procedures to remove natural garden exemptions from the matters delegated to community councils in § 27-18.4. Delegation to Community Councils.

3. City Council direct that the amendments to City of Toronto Municipal Code Chapter 489, Grass and Weeds, and Chapter 27, Council Procedures, described in Recommendations 1 and 2 above come into effect January 1, 2022.

4. City Council direct the City Solicitor to prepare the necessary bill(s) required to give effect to Council's decision and to make any necessary minor substantive or stylistic refinements as may be identified by the City Solicitor.

The Planning and Housing Committee:

1.  Requested the Executive Director, Municipal Licensing and Standards to report directly to City Council to address the stakeholder concerns identified in the communications to the Planning and Housing Committee.

This report provides an overview of the current process for obtaining a natural garden exemption as outlined in Chapter 489, Grass and Weeds, and recommends bylaw amendments to modernize regulations, streamline enforcement efforts, and enhance public education to support the City of Toronto's efforts to protect pollinators and biodiversity.

The review of Chapter 489, Grass and Weeds was initiated by staff following a report from the Ombudsman in 2018 that outlined concerns with the operational processes for responding to long grass and weeds complaints and issuing natural garden exemptions. However, this work was delayed as a result of the COVID-19 pandemic. This report also responds to Action 8 of Toronto's Biodiversity Strategy, which calls on the City to review policies and bylaws, including Chapter 489, for opportunities to support biodiversity. The City received significant feedback from stakeholders and the public in fall 2020 about the bylaw, including concerns that the natural garden exemption process does not support the goals of other City of Toronto polices and strategies, including the Biodiversity Strategy, Pollinator Protector Strategy, and Toronto Ravine Strategy.

As part of this review, staff undertook a consultation process that received 455 emails from residents, interested organizations and community groups, and held a series of roundtables with subject matter experts in the fields of botany and biodiversity. Staff also conducted a jurisdictional scan of best practices, an analysis of complaints and enforcement, and worked closely with interdivisional partners responsible for the City's biodiversity and pollinator strategies.

In response to the issues identified through this review, this report recommends removing the process for natural garden exemptions and amending the bylaw to require that all properties meet maintenance requirements that focus on health and safety, such as prohibiting specific plant species, managing the height of turfgrass, and ensuring that sightlines are not obstructed.

The proposed list of prohibited plants was developed in consultation with internal partners and external stakeholders to support ecological and human health. Staff recognize that maintaining such a list must be done in a way that is responsive to change, and therefore recommend that it be reviewed on an ongoing basis, in consultation with subject matter experts to ensure accuracy and relevance.

Staff also recommend renaming the bylaw to better reflect the changes proposed in this report, modernizing enforcement provisions, and strengthening public education and communications to support the City's biodiversity efforts.

This report was written in consultation with Parks, Forestry and Recreation, Environment and Energy Division, Toronto Public Health, City Planning, City Clerk's Office, Transportation Services, and Legal Services.

This is a supplementary report for Item PH24.3 Modernizing Chapter 489, Grass and Weeds to Streamline Processes and Support Biodiversity. This report, written in partnership with Parks, Forestry and Recreation, recommends amending the proposed list of prohibited plant species to be added as a new Schedule in Chapter 489. It is recommended that Common burdock (Arctium minus) and Field bindweed (Convolvulus arvensis) be removed from that list.