Is the grass strip by the curb public property?

Many folks in the neighborhood appear to be claiming the little grass strip that is adjacent to the sidewalk on the street side, planting flowers, fencing it off, basically putting stuff there to keep dogs from doing their business in front of their house. Being a dog owner I'm finding this more and more annoying, and fighting the urge to pull out the little garden edgers they've placed. Is this legal? Am I in my rights to just start ripping stuff out of there because it's blocking my sidewalk access, say if I decide to park my car and have to step over this junk? Getting ridiculous in places..

Either towns own the strip outright or have some kind of easement that allows them to control it.  That's why they can plant or trim or cut down trees there without talking to you about it.  Towns seem tolerant of people planting in strip but fencing is going to far i think.  Dogs are supposed to walk on the strip.  Talk to the town.

I don't know what the policy on this is in Maplewood/SO but it is tacitly permitted in Millburn. I have kept a very nice garden there on that strip for several years now. 

That strip of land was designed as a public latrine for dogs? Why don’t you let your dog poop in your yard then clean it up? Ridiculous! Dogs peeing on my little tree have virtually killed it. You can’t go ripping up people’s stuff!

Your stuff belongs on your lawn or backyard.  You plant on the strip at your own risk.

Here in not-SOMA, we can plant in the strip but not install anything that would interfere with emergency access (fence, planter box, big pot). 

Will resist commenting on the idea that the strip should be available for the convenience of dogs/owners, fond as i am of most of them.

I have never seen a fence erected in that strip anywhere. Maybe he’s talking about those little plastic edging. People are tired of cleaning up dog poop. Especially in the Hilton section.

Seriously, have you not noticed your whole life that the strip is where people walk their dogs?  There are a lot more dogs now than there ever were before.  Perhaps that's why you're annoyed.  The bottom line is that you do not own/control the strip the way you do your lawn.  Dog walkers are obligated to clean up the solid stuff but that's it.

Jaytee said:

That strip of land was designed as a public latrine for dogs? Why don’t you let your dog poop in your yard then clean it up? Ridiculous! Dogs peeing on my little tree have virtually killed it. You can’t go ripping up people’s stuff!

assume much? Obviously yes.. my dogs poop in my yard everyday However MY POINT WAS that the strip of grass that abutts the street is public property as far as I know, the point being that people cannot simply claim it to prevent others from making public use of it.. as far as your 'little tree' if it's planted in the public domain it is public property and any dog can pee on it whenever it wants to until they make that illegal..

Jaytee said:

I have never seen a fence erected in that strip anywhere. Maybe he’s talking about those little plastic edging. People are tired of cleaning up dog poop. Especially in the Hilton section.

yes, I've seen a number of fences erected around them from those little plastic garden edgers to chicken wire, and the chicken wire one was so egregious I had no problem kicking it over

And it is worth pointing out that yes people who don't pick up dog poop can be very annoying, I make a concerted effort to do so however I've lived in my neighborhood for decades & know most of my neighbors so on the rare occasion I forget to bring a poop bag along with me on a dog walk  they're willing to cut me some slack..in the past I have gone out of my way to pick up other people's leftover dog poop!, as disgusting as that sounds, just to try to keep peace with everybody, but I don't believe that gives people the right to claim public property so as to prevent a law abiding people like myself from making use of it..

I have to cut the grass on that strip, the town doesn’t. I don’t plant anything out there, but I like the grass to grow and not be poisoned by dog piss. Really.

I believe the homeowner owns the grass strip between the sidewalk and street but there is a public right-of-way.

That said, I can't find anything in Maplewood's code that prohibits plantings in the strip.  Since the public has right-of-way, plant at your own risk (as Bub said).

Here's the story. Did you ever think about the streets that don't have strips or sidewalks? Your property is measured from the street,regardless.A portion of your lawn is town property. The little gardens on the strip are pretty and the town is ignoring. I was a real estate broker in Maplewood for 31 years so have learned these things.

In Maplewood, the town owns a right of way of 10 feet from the curb, whether or not there is a sidewalk or median.  Owners of adjacent property are required to maintain that 10 foot strip including curbing and sidewalk (where it exists).  I am not aware of any town ordinance that specifically prohibits planting flowers on, or fencing in, a portion of that 10 foot area (as long as the fencing is low).  However, for on-street parking and for pedestrians trying to avoid blocked stretches of sidewalk, these practices  present an obstacle that can result in unsafe conditions.  There is one instance adjacent to a crosswalk on Tuscan that is especially dangerous since the median "fencing" is comprised of upright bricks that pose a trip hazard for people turning the corner on the sidewalk there.

joan_crystal said:

In Maplewood, the town owns a right of way of 10 feet from the curb, whether or not there is a sidewalk or median.  Owners of adjacent property are required to maintain that 10 foot strip including curbing and sidewalk (where it exists).  I am not aware of any town ordinance that specifically prohibits planting flowers on, or fencing in, a portion of that 10 foot area (as long as the fencing is low).  However, for on-street parking and for pedestrians trying to avoid blocked stretches of sidewalk, these practices  present an obstacle that can result in unsafe conditions.  There is one instance adjacent to a crosswalk on Tuscan that is especially dangerous since the median "fencing" is comprised of upright bricks that pose a trip hazard for people turning the corner on the sidewalk there.

I can imagine a lawsuit coming from someone tripping over such a fence. I can also imaging some severe injury.

If my responsibility is to maintain it, then I have a right to prevent your dog from destroying it. Period. End of story. Who gives this guy the right to kick down someone’s decoration on the piece of land they are responsible for upkeep? He comes on here with his arrogance and I’m supposed to educate him on who’s responsible for this? How about him being a responsible citizen? They even let their dogs **** in Dehart park and don’t clean it up. I have cats, I don’t send them to **** in my neighbors yard. I have no tolerance for this crap.

Regarding plants on the berm.....   I planted Crimson Clover and a few other plants on mine. They will grow to  about 1 ft. but will not be a tripping hazard. People can just walk on it. 

Two clumps of Alfalfa grew on the berm. I mow around them. I have no idea how they got there.

Sedge is now popular. It would be difficult to walk through. I would have liked sedge but will probably pass on it.

So, the reality is that people walk dogs.  And that dogs sometimes need to walk a bit before they are ready do do their business, so making sure they do it in the owner's yard is not necessarily practical.

Personally, I'm careful to always pick up dog poop (and recently brought some home wrapped in a leaf after a family member forgot to refill the poop bags).  I also make sure that my dog goes in the berm or in the street, depending on where we are walking.

But if you've fenced off your berm, created brick borders, etc., then there is no way I'm going risk tripping on your barriers to move her to the street, making it more likely that I could be stuck with her doing business on your lawn, with the berm and street both unavailable.  Hasn't happened to me, since berm-barricades don't seem to have hit my neighborhood.

Too impatient to read it all. But the berm may belong to the town but the homeowner is required to maintain it. Keep your dog in the street. That is why the rule is CURB YOUR DOG. TIA.

Here is the relevant clause from Maplewood's municipal code.

https://ecode360.com/9419587?highlight=dog&searchId=6325063325690592#9419650

Chapter 113, Article II (113-12, section F)

"No person owning, keeping, harboring, walking or in charge of any dog shall cause, suffer, permit or allow such dog to soil, defile or defecate on any common thoroughfare, street, sidewalk, passageway, road, bypath, play area, park or place where people congregate or walk, or upon any public property whatsoever or upon any private property without the permission of the owner of the private property in the last instance. When the dog shall defecate on the areas aforesaid, it shall not be considered a violation of this article if, and only if, the person owning or in charge or control shall immediately remove and dispose of all feces thus deposited in a sanitary manner. The provisions of this section shall not apply to blind persons who may use dogs as guides."

So, if your dog poops on someone's lawn then clean it up right away.

wendy said:

Too impatient to read it all. But the berm may belong to the town but the homeowner is required to maintain it. Keep your dog in the street. That is why the rule is CURB YOUR DOG. TIA.

I'm with Wendy on this one.

TomR

And I know dogs would rather do their thing on grass by the way. Not a dog owner but do care for them. However, curb your dog really means your dog walks in the street Thus the meaning of curb. Easier said than done I know,

wendy said:

And I know dogs would rather do their thing on grass by the way. Not a dog owner but do care for them. However, curb your dog really means your dog walks in the street Thus the meaning of curb. Easier said than done I know,

Easier said than done, often unsafe due to traffic speeding even on side streets, and risky to paws on hot summer days.  But yes, I do what I can...