Del Norte County Municipal Code § 7.40 Tansy Control

This chapter shall be entitled and may be referred to as the "tansy control ordinance."

(Ord. 80-09 (part), 1980; Ord. 77-48 § 1, 1977)

The purpose of this chapter is to:

1. Curtail the spread of tansy, an introduced noxious weed, from an infested property to non-infested property or property where the owner is actively controlling tansy.

2. Confine and consolidate the tansy infestations to areas one hundred fifty feet inward from the property owner's fence line or boundary.

3. Promote and encourage the control of tansy on all public and private property.

4. Prevent the spread of tansy from properties with a "scattered" or "light" infestation and inhibit the development of these infestations into "medium" or "heavy" infestations.

5. Provide a reasonable and feasible control program within the financial ability of both public and private landowners to establish, maintain and operate, while at the same time imposing the minimum mandatory obligations on the owners of property infested with tansy.

6. To protect and enhance scenic and real property values of the county by curtailing the spread of tansy ragwort, an introduced noxious weed.

7. To protect and promote the agricultural cropland area of the county and the livestock industry of the county which is adversely affected by tansy ragwort through competition for pasturage and poisoning of cattle and horses.

8. To promote and protect the air quality by control of tansy ragwort which causes problems among persons suffering asthma and hay fever.

(Ord. 80-09 (part), 1980; Ord. 77-48 § 2, 1977)

1. "Actively controlling" means eradicating scattered tansy ragwort plants which are flowering and actively procuring steps to prevent infestation of one's property.

2. "Eradicate" means the permanent and continuing removal or destruction of flowering tansy ragwort.

3. "Flower" is defined as the opening of buds and exhibition of petals and color on a single floret.

4. "Heavy" means in excess of fifty tansy plants per estimated acre of land involved.

5. "Light" means five to ten tansy plants per estimated acre of land involved.

6. "Medium" means eleven to fifty tansy plants per estimated acre of land involved.

7. "Neighbor" means an adjoining property or any property within one hundred fifty feet, including public roads.

8. "Owner" means any person in control of property with an infestation of tansy ragwort.

9. "Person" means any person, firm, company, association, corporation, district, agency, service or public or govern mental entity.

10. "Scattered" means four or less tansy ragwort plants per estimated acre of land involved.

11. "Tansy" means Senecio Jacobaea L. and is commonly known as tansy, ragwort, tansy ragwort and stinking willie, and which is an introduced (nonnative) noxious weed containing an alkaloid (jacobine) and which is known to poison cattle and horses.

• (Ord. 80-09 (part), 1980; Ord. 77-48 § 3, 1977)

• 7.40.40 Control Programs; Development By Public Entities

  1. All public entities or agencies owning, controlling or responsible for land within Del Norte County are requested to, and all public entities or agencies subject to the laws of the state or to the control of the board of supervisors shall develop and maintain a tansy control program on all property under their control and said program shall be directed toward eradication of all tansy on the entire property.

  2. Control programs shall be developed in cooperation with and after consultation with the farm advisor and agricultural commissioner.

• (Ord. 80-09 (part), 1980; Ord. 77-48 § 4, 1977)

1. It is an infraction:

   1. For any person to permit tansy to flower within one hundred fifty feet of another person's property who:

      1. Is controlling tansy on his property, or

      2. Is free of tansy.

   2. To sell or transport hay containing tansy that has reached the flowering stage from the property where produced except under permit from the agricultural commissioner setting forth safeguards to be taken to prevent the dissemination and spread of tansy to non-infested property.

   3. To transport flowering or mature tansy plants rouged or otherwise removed, in whole or part, from a field to property of another ownership or along any public road unless the load is protected in such a manner as to exclude the possible spread of seed.

   4. To deposit flowering or mature tansy plants or plant parts on top of the soil within one hundred fifty feet of a neighbor's property.

   5. To fail to collect and remove mowed tansy plants from areas within one hundred fifty feet of a neighbor's property if mowed after the plants have begun to flower.

   6. For any person or owner to fail to eradicate scattered flowering tansy plants on his property within ten days after service of a written notice to eradicate by enforcement officers.

2. Each neighbor affected constitutes a separate offense.

(Ord. 80-09 (part), 1980; Ord. 77-48 § 5, 1977)

1. Enforcement of this chapter shall be by citation or notice to appear if the owner or person served has not completed and maintained action to eradicate the tansy plants within ten days after service of a written notice to eradicate by enforcement officers.

2. Service of the citation or notice to appear may be made by:

   1. Personal service on the owner or

   2. By certified mail to his address of record.

3. Enforcement officers are required to give only one written notice to eradicate in any calendar year for any specified property, field or pasture.

4. Enforcement of this chapter shall be by the county agricultural commissioner, his deputies, agricultural biologists, and/or agents.

5. The agricultural commissioner shall take steps to eliminate scattered tansy plants from lands within Del Norte County and may:

   1. Utilize any available manpower and equipment within his department to accomplish this objective.

   2. Annually map the tansy infestations for the purpose of control operations and records that will illustrate progress or lack of progress in eradication and control of infestations.

(Ord. 80-09 (part), 1980; Ord. 77-48 § 6, 1977)

1. Enforcement officers may cause scattered tansy plants to be pulled or otherwise treated in a summary manner where citation action against the owner would entail a greater expenditure of man-hours or expense to the county, or where the seeds from said plants might spread and germinate before the citation process could be completed.

   2. Enforcement officers may enter any property to carry out summary action.

• (Ord. 80-09 (part), 1980; Ord. 77-48 § 7, 1977)

1. Enforcement officers may utilize the pest abatement provisions of the California Food and Agricultural Code whenever or wherever a property owner refuses or neglects to control or eradicate flowering tansy within one hundred fifty feet of another person's property or when the citation procedure has not or will not obtain compliance within a period of time deemed necessary to prevent spread of tansy seed.

2. Enforcement officers may cause the owner of any property to be billed for tansy control costs expended upon his property after notice as provided in Section 7.40.60 of this chapter.

3. Enforcement officers may utilize the services of the small claims court or any other lawful collection means in collection of moneys due the county.

(Ord. 80-09 (part), 1980; Ord. 77-48 § 8, 1977)