Chapter 26A — NON-NATIVE INVASIVE AQUATIC PLANTS

The purpose of this chapter is to protect the aquatic resources of Lake County from the introduction of non-native, invasive aquatic plants by prohibiting the possession, sale, propagation or release of specific species and declaring such plants as nuisances. As such, these non-native, invasive aquatic plants are considered noxious weeds, as referenced in Government Code Section 25824.

(Ord. No. 2774, § 1, 6-6-2006)

The Board of Supervisors finds that non-native, invasive aquatic plant species spread rapidly and eliminate the native flora and fauna biodiversity otherwise found in the lakes and streams of Lake County, most notably, Clear Lake, with detrimental effects. Further, the Board of Supervisors declares that the most effective way to protect these aquatic areas from non-native, invasive plant species is to prevent the introduction of these plants and also declares that such invasive plant species are public nuisances.

(Ord. No. 2774, § 1, 6-6-2006)

or closely associated with, an aquatic environment, and includes any part or seed of such plant.

Lake County and exhibit the characteristics of invasive growth pattern(s). For the purposes of this chapter, the following plants of concern are identified as non-native, invasive aquatic plants:

(a)

Hydrilla (Hydrilla verticillata);

(b)

Spatter Dock or Yellow Pondlily (Nuphar polysepala);

(c)

Water Hyicanth (Eichornia crassipes);

(d)

Purple Loosestrife (Lythrum salicaria);

(e)

Giant Salvinia (Salvinia molesta);

(f)

Eurasian watermilfoil (Myriophyllum spicatum);

(g)

South American Spongeplant/Frogbit (Limnobium laevigatum);

(h)

Parrotfeather (Myriophyllum aquaticum);

(i)

Brazilian waterweed (Egeria densa).

club, company, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

exchange, trade, rent, transfer of ownership or control, or lease.

The plant species set forth in Section 26A-3.15 and any parts of those plants capable of propagation, shall be considered the non-native, invasive aquatic plants covered by the restrictions of this chapter.

(Ord. No. 2774, § 1, 6-6-2006)

non-native, invasive aquatic plants into the County.

release, sell or offer for sale, gift or plant non-native, invasive aquatic plants in the County.

invasive aquatic plants that are in transit through Lake County to a destination outside of the County.

(Ord. No. 2774, § 1, 6-6-2006)

this chapter for a variety or cultivar of a listed non-native, invasive aquatic plant that has been scientifically proven to be noninvasive.

entitled "Petition For Exemption." The petition will not be considered if any portion of the form is left blank or incomplete. If the Commissioner needs additional information, the interested person will be notified within fifteen (15) days of submission of the petition.

determination as to the claim of non-viability. The petitioner will be notified of this decision no later than forty-five (45) days after the initial submission date of the petition. If additional information is requested by the Commissioner, then the decision will be rendered no more than thirty (30) days after receipt of all requested information.

The

decision will declare if the petition was accepted or rejected. In either case, the reasoning for the decision will also be given. If the decision requires the amendment of this chapter, the Commissioner will implement the necessary actions to effect such change.

If the petitioner feels that the decision rendered by the

Commissioner is incorrect, he/she may file a second petition, attaching to it any new data or information that was previously overlooked or otherwise unavailable for consideration. The time frames listed in subsections 6.2 and 6.3 of this section apply to this second petition. This second petition shall represent the final attempt to obtain an exemption from this chapter for the variety or cultivar listed. The procedure listed in subsection 6.4 of this section will also apply to a second petition.

(Ord. No. 2774, § 1, 6-6-2006)

chapter to be placed under a hold order. Such an order will, among other things, prohibit any further movement of said plant(s) without the expressed consent of the Commissioner. It will be the responsibility of the person named on the hold order to, at their own expense, either ship the said plant(s) out of Lake County within forty-eight (48) hours or to destroy them. In either case, the Commissioner will physically release the hold order to affect shipment or will be present and witness their destruction. The hold order will be considered released when the appropriate signature from the Commissioner appears on the hold order.

(Ord. No. 2774, § 1, 6-6-2006)

hundred dollars ($100.00); or as a misdemeanor by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both, such fine and imprisonment. Each separate day or any portion thereof on which any violation occurs shall be deemed to constitute a separate offense punishable as herein provided.

(Ord. No. 2774, § 1, 6-6-2006)