Riverview proposes amendments to its tall grass bylaw
Riverview residents could soon have more lawn mowing freedom, after council voted in favour of the first reading of a bylaw amendment to remove the town’s long-standing 20-centimetre grass height restriction.
Amendments to the tall grass bylaw would see enforcement shift away from a height limit and focus on concerns related to health, safety and visibility instead.
Town Clerk Mareika Dow explained that the change was proposed in response to legal concerns raised by court decisions that found similar bylaws in other municipalities could violate Charter-protected forms of expression when no clear health or safety risk exists.
“This removes that 20-centimetre length and instead focuses enforcement on safety concerns,” Dow told council during Monday night’s council meeting.
Under the proposed changes, enforcement would target situations where vegetation obstructs sightlines, sidewalks, traffic lanes or visibility. The bylaw would also address invasive species and any conditions considered health or safety risks by the appropriate authority.
Dow also explained that many municipalities were moving away from tall grass bylaws because in some court cases they were found to be unjustified because municipalities could not demonstrate a clear health or safety risk.
“It was found to be a breach of a form of protected expression,” Dow said.
Deputy Mayor Richard Blackstock questioned whether Riverview had ever faced a court challenge over its tall grass bylaw.
Staff said the town has not dealt with such a challenge, but Chief Administrative Officer Colin Smith said the municipality needs to consider the legal realities it could face.
“If we know we’re going to go to court and lose, why do you want to go to court and lose and spend all that money to fight a case that you don’t have a defensible position?” Smith said.
He added that updating the bylaw now places the municipality in a stronger legal position should enforcement issues arise in the future.
“So it’s basically down to, I mean, aesthetics and beauty is in the eye of the beholder. So if one person’s jungle is another person’s beautiful garden, I guess,” Blackstock said.
The proposed amendment does not mean the town will stop addressing neglected or hazardous properties.
Staff emphasized that Riverview will continue to enforce several existing bylaws, including the Dangerous and Unsightly Bylaw, the Maintenance and Occupancy Bylaw and the Collection and Disposal of Waste Bylaw.
Those regulations can still be used to deal with garbage, debris, unsafe conditions and other property maintenance concerns.
“The old bylaw kind of pitted neighbour against neighbour,” Councillor David Woods stated, adding that complaints often centred on aesthetics rather than genuine safety issues.
If adopted, the changes would mark a significant shift in Riverview’s approach to lawn maintenance, moving away from a one-size-fits-all height limit and focusing enforcement on demonstrable health and safety concerns instead.
Second and third readings to approve the changes are scheduled for the council meeting in September.
These amendments are in line with the City of Dieppe’s 2024 update to its Tall Grass By-Law, which removed the 20 centimetre height restriction, allowing the municipality to act in situations where there is a safety concern.
