A. It shall be unlawful for the owner or lessee of any lot, block or parcel of land within the Town, or any agent in charge of said property, to allow or permit any weeds, brush, grasses, or other herbaceous plants, except for cultivated ornamental shrubs, bushes, and flowers, sagebrush and edible vegetables, to grow or remain when grown in excess of eight inches (8") above the ground upon such property or in the public right-of-way along side or in front of or in the rear of such property between the property line and the traveled portion of any street, roadway or alley.

B. It shall be an affirmative defense that the plant growth occurred more than twenty feet (20') from any developed area or other area that is being kept weed-free. This affirmative defense shall not relieve the owner or person in charge of the property from the obligation to keep said plants, as described herein, cut within eight inches (8") above the ground between the property line of such land and any adjoining streets, alleys, or other public rights-of-way.

C. It shall also be an affirmative defense that the plant growth is part of a xeriscaping plan for the property.