Village of Arlington Heights v. Schroeder

The defendant, Gerald Schroeder, was found guilty after a bench trial of two separate violations of article III, ch. 19, § 301(e) of the Municipal Code of Arlington Heights, which makes it unlawful for any lot owner to permit an “improper growth of weeds or grasses.” The ordinance defines “improper growth of weeds or grasses” as “all weeds or grasses over 12 inches in height from the ground.” It also provides that “[l]ands under agricultural cultivation may be exempted from the ordinance upon written request to the Director of Health Services.” The defendant contends that the ordinance is an…