Delano Municipal Code Ch. 7.24 Dangerous Plants

Except as hereinafter provided, no person having possession of or responsible for the management or upkeep of any lot, parcel or portion of real property within the city shall:

A. Wilfully and knowingly plant, grow, nurture, keep or harbor any castor bean plant (Ricinus Communis) or the seeds or beans thereof upon the real property; or

B. Refuse, fail or neglect for the period of forty-eight hours after receiving notice as hereinafter provided, to remove any such plant and all parts and seeds or beans thereof from the real property.

(Ord. 465 §1(part), 1965).

The provisions of this chapter shall not apply to any of the following circumstances:

A. The keeping of castor bean plants or the seeds or beans thereof by any person engaged in educational, scientific, or research activity, or having a botanical collection or display for such purposes;

B. The commercial cultivation or cropping of castor bean plants or the seeds or beans thereof; provided that the premises or portion thereof where same is carried on shall be completely enclosed or shall be inaccessible so as to effectively prevent small children from entering upon such premises or portion thereof;

C. The possession of castor bean plants or the seeds or beans thereof for sale at retail or wholesale, provided that any such plants or seeds or beans where displayed or exposed to members of the general public or sold to anyone shall be in packages or containers which in the case of such seed or beans shall be securely sealed or closed, and such packages or containers shall have written thereon or upon a label securely fastened thereto the information that such plants or seeds or beans are poisonous to persons or animals if chewed, eaten, or swallowed.

(Ord. 465 §1(part), 1965).

The notice referred to in Section 7.24.010 shall be in writing, may be given by personal service upon the person concerned, or by registered or certified mail addressed to and received by him, or by posting upon a conspicuous place upon the premises concerned, and shall be given by a public officer who is specifically charged with the duty of enforcing this law or who finds it necessary or convenient in the discharge of the duties of his office to enforce this law.

(Ord. 465 §1(part), 1965).

It is found and declared that the existence of a violation of any of the foregoing sections of this chapter within the city is a public nuisance and dangerous to the public health and safety of persons within the city, and, in addition to any other remedies provided by law, the chief of police is authorized and directed to investigate any such nuisance, to notify, in the form and manner hereinabove provided, any person maintaining such nuisance to abate same in conformance to the provisions of this chapter, and, upon failure to comply, to enter upon the premises, public or private, wherein the nuisance exists and summarily abate same.

(Ord. 465 §1(part), 1965).