Legal Question in Criminal Law in Missouri

Weed ordinance appeal

De novo trial in Circuit Court of ordinance violation case appealed from Municipal Court.

City has weed ordinance excluding ''cultivated and attended plants'' from definition of weed AND ''land zoned or used for agriculture which is more than 150 feet distant from any occupied residential subdivision, lot, tract or parcel of land''.

City is prosecuting and I did NOT know until presented with evidence photos in court what exactly was being complained of. Vegetation in pictures was primarily cultivated and attended, but apparently not trimmed to the standards of the inspector -- who never returned my call.Property is zoned Agricultural and more than 150 feet from nearest residentially zoned district.

Do I have a credible argument of failure to state an offense? ALL agricultural zones in City allow 1-family dwellings, but zoning never refers to them as residential.

Can I use the inspector's behavior to cast doubt , raise due process questions, and raise issues of fairness?

Or am I tilting at windmills?


Asked on 1/05/03, 4:22 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Weed ordinance appeal

You may well have a good defense for this case. Which city's court are you in? From the zip code you listed, it sounds like KCMO. Please contact my office if I can help. (816) 537-9770

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Answered on 1/06/03, 10:58 am


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