Article I — PESTS AND DISEASES

(a)

Fire Blight: A disease of Pome fruits and related plants, caused by bacterium Erwinia Amylovora (Burill) Winslow, et al.

(Ord. No. 198, § 1, 1929; Ord. No. 743, § 1, 5-15-73)

(b)

Host Plant: Any tree, shrub, bush or vine, subject to being infected with fire blight.

(Ord. No. 198, § 1, 1929; Ord. No. 743, § 1, 5-15-73)

(c)

Infected with Fire Blight: Where evidence shows that fire blight is or has been present.

(Ord. No. 198, § 1, 1929; Ord. No. 743, § 1, 5-15-73)

(d)

Pear Psylla: The insect designated as Psyllia Pyricola.

(Ord. No. 433, § 2, 1962)

(e)

Infested with pear psylla: Where evidence shows that pear psylla is present.

(Ord. No. 433, § 2, 1962)

(f)

Stem and Bulb Nematode: A disease on garlic plants designated as Ditylenchus Dipsaci (Kuhn) Filipjer.

(Ord. No. 414, § 1, 1960)

(g)

White Rot and Fungus: A disease on garlic plants designated as Sclerotiun Cepivorum Berk.

(Ord. No. 414, § 1, 1960)

(h)

Grape Phylloxera, as the term is used in this article, means the insect designated as Phylloxera Vitifolias.

(Ord. No. 693, § 2, 1972)

(i)

Infested with Grape Phylloxera, as the term is used in this article, means that evidence shows that Grape Phylloxera is present.

(Ord. No. 693, § 2, 1972)

(j)

Unmanaged (neglected or abandoned) apple, pear trees or rootstocks therefrom, as the term is used in this article, means trees that have not been pruned prior to end of full bloom and no effective pest management activity has been employed. Effective pest management is when pest and diseases are maintained at or below the established economic threshold for commercial pear and apple production.

(k)

Proof of management, as the term is used in this article, means paid invoices documenting pest management activities, such as to control/manage codling month, oriental fruit moth, fire blight, pear scab (if pears or pear rootstock re-growth), pear rust mites (if pears or pear rootstock re-growth) and pear blister mites (if pears or pear rootstock re-growth).

(l)

Vicinity, as the term is used in this article, means within ½ mile radius of commercial pear or apple production.

(Ord. No. 2895, § 1, 3-17-2009; Ord. No. 2975, §§ 1, 2, 6-19-2012)

blight in any tree, shrub, bush or vine within the orchards, or upon the premises under their control, within the vicinity of a commercial Pome fruit orchard, to immediately remove or control the same in a manner satisfactory to the County Agricultural Commissioner of the County of Lake.

(Ord. No. 743, § 1, 5-15-73; Ord. No. 2895, § 2, 3-17-2009)

bear evidence that such infection has been present when cut from the tree or when the tree has been dug up from the ground, must be destroyed by burning within seven (7) days from the time of such removal, unless the pruning or removal has been done during the winter months of November through the following February in which case the cuttings, prunings, limbs, branches, twigs, trees or parts thereof must be destroyed by burning prior to the first day of May following.

(Ord. No. 743, § 1, 5-15-73)

together with any state law providing for the removing and control of fire blight under abatement proceedings. Fire blight is declared to be a nuisance wherever found within the County of Lake.

(Ord. No. 743, § 1, 5-15-73)

shall be guilty of a misdemeanor and upon conviction thereof shall be punished by confinement in the county jail for a period of not to exceed six (6) months, or by a fine not to exceed five hundred dollars ($500.00), or by both such fine and imprisonment.

(Ord. No. 743, § 1, 5-15-73)

(Ord. No. 2975, §§ 1, 2, 6-19-2012)

Editor's note— Ord. No. 743, § 1, amended § 3-2 to read as herein set out. Prior to the adoption of said ordinance, § 3-2 contained provisions pertaining to the pear blight.

hereby declared to be a public nuisance. All remedies which are given by law for the prevention and abatement of a nuisance apply to such nuisance.

(Ord. No. 433, § 3, 1962; Ord. No. 466, § 1, 1965; Ord. No. 885, § 1, 3-29-76)

public nuisance any premises, tree, or plant infected or infested with Pear Psylla.

(Ord. No. 466, § 1, 1965; Ord. No. 885, § 2, 3-29-76)

shall contain the procedures to be followed in controlling Pear Psylla within the County.

(Ord. No. 443, § 4, 1962; Ord. No. 885, § 3, 3-29-76)

Agricultural Code, commencing with Section 5401.

(Ord. No. 443, § 5, 1962; Ord. No. 885, § 4, 3-29-76)

neglected or abandoned is hereby declared a public nuisance if in the vicinity of commercial production. All remedies, which are given by law for the prevention and abatement of a nuisance, apply to such nuisance.

require proof of management and abate as a public nuisance of any unmanaged, neglected or abandoned apple, pear trees or rootstock re-growth there from.

apple tree inspection, control policy and protocol to be followed within the County.

growth therefrom, shall be as set forth in Division 4, Part 1, Chapter 7, Article 1.5, commencing with Section 5561 of the California Food and Agricultural Code, except that the time for the abandoned or neglected plant or crop to be removed or destroyed as provided in Section 5563 of the California Food and Agricultural Code is hereby established as forty-five (45) days.

(Ord. No. 2895, § 3, 3-17-2009; Ord. No. 2975, §§ 3, 4, 6-19-2012)

Editor's note— Ord. No. 1029, adopted July 3, 1978, repealed § 3-4 which pertained to garlic disease control and was derived from Ord. No. 414, §§ 2—5, 1960.

Grape Phylloxera is now confirmed and established in numerous vineyard locations within

Lake County. There remains an ongoing concern by Lake County Grape Growers and the Agricultural Commissioner about additional grape phylloxera introductions, including its various bio-types and other exotic grape pests from out-of-county sources. The purpose of this Article [section] is to establish a system of stringent local controls to combat the infestation of vineyards in Lake County.

(Ord. No. 2173, § 1, 7-20-93)

This ordinance [section] shall be known and may be referred to in all proceedings as, "The Lake

County Grape Pest Control Ordinance."

(Ord. No. 2173, § 1, 7-20-93)

(a)

Grape Phylloxera, as the term is used in this ordinance, [section], means the insect designated as Phylloxera Vitifoliae.

(Ord. No. 2173, § 1, 7-20-93)

(b)

Infested with Grape Phylloxera, as the term is used in this ordinance [section], means that evidence shows that Grape Phylloxera is present.

(Ord. No. 2173, § 1, 7-20-93)

(c)

Other Exotic Grape Pests includes insects and diseases such as Western Grapeleaf Skeletonizer (Harrisina brillans), Grape Leafroll Virus, Fanleaf Degeneration, Root Lesion Nematodes (pratylenchus), and other pests designated by the Lake County Agricultural Commissioner.

(Ord. No. 2173, § 1, 7-20-93)

(d)

Competent annual survey means a visual survey by the County Agricultural Commissioner or other regulatory agricultural official of the growing grounds and/or vineyards from which the grapevines, cuttings or other grape nursery stock originated.

(Ord. No. 2173, § 1, 7-20-93)

(a)

All shipments of grapevines and cuttings, rooted or otherwise, entering Lake County must be certified at the point of origin prior to shipment.

(Ord. No. 2173, § 1, 7-20-93)

(b)

All shipments of grapevines and cuttings, rooted or otherwise, originating from outside the County, must be held for inspection by the County Agricultural Commissioner at the point of destination within Lake County.

(Ord. No. 2173, § 1, 7-20-93)

(c)

Certification may be granted if a competent annual survey of the point of origin has been made by the County Agricultural Commissioner and a certificate has been issued stating that no grape phylloxera is known to exist in the area where the vines or cuttings were grown.

(Ord. No. 2173, § 1, 7-20-93)

(d)

If no competent annual survey has been made, or if a survey has been made and the area is found to be infested with grape phylloxera, then all vines and cuttings originating from that area must be subjected to one of the following methods of treatments and so certified.

(1)

Hot water treatment: Complete submergence in water at a temperature not less than one hundred twenty- five (125) degrees (F) nor more than one hundred thirty (130) degrees (F) for not less than three (3) or more than five (5) minutes.

(Ord. No. 2173, § 1, 7-20-93)

(2)

Methyl bromide fumigation: Atmospheric fumigation in an approved gas-tight fumigation chamber, equipped with a heating unit; fan for dispersal of gas and clearing chamber of gas after fumigation and an interior thermometer (visible from the outside) with a dosage of not less than two pounds of methyl bromide per one thousand (1,000) cubic feet for a period of at least three hours at a temperature of not less than sixty-five (65) degrees (F); the fan to be operated during and for ten (10) minutes after the injection of gas.

(Ord. No. 2173, § 1, 7-20-93)

(e)

Any shipment of green-growing (leaf bearing) grapevines or cuttings that cannot be certified as originating from a Western Grapeleaf Skeletonizer (Harrisina brillans) free area must be accompanied by a Certificate of Treatment affirming that the grapevines or cuttings were treated by one of the following methods:

(1)

Treatment with six (6) to eight (8) pounds per acre of Cryolite, with thorough coverage; or

(2)

Other insecticidal treatments approved, in writing, by the Lake County Agricultural Commissioner.

(Ord. No. 2173, § 1, 7-20-93)

The Agricultural Commissioner may

monitor the movement of plant materials and appliances in vineyard locations within the County to the extent said plant materials and appliances are capable of transmitting grape phylloxera and other exotic grape pests and may restrict such movement to the extent necessary to combat and/or prevent such transmission to vineyards within Lake County.

(Ord. No. 2173, § 1, 7-20-93)

All reshipments of grapevines and cuttings, rooted or otherwise, originating from outside

the County must be certified pursuant to the provisions of both Sections 5.4 and 5.5 of this ordinance [section].

(Ord. No. 2173, § 1, 7-20-93)

The Agricultural Commissioner's Office will be responsible for issuing and for recognizing

certificates containing information required under this ordinance [section].

(Ord. No. 2173, § 1, 7-20-93)

Fees to be charged by the Agricultural Commissioner to administer this ordinance [section] shall

be as authorized by law and set by the Board of Supervisors.

(Ord. No. 2173, § 1, 7-20-93)

Any person, firm, partnership, association or corporation who violates or causes the

violation of any of the provisions of this ordinance [section] shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment.

(Ord. No. 2173, § 1, 7-20-93)

Editor's note— Prior to its reenactment by Ord. No. 2173, § 3-5 was derived from Ord. No. 693, § 3, 1972.

Sec. 3-6. - [Artificial Application of Pollen.]

apply, or cause to be applied, to any English (Persian) walnut tree or orchard within the County of Lake, any walnut pollen, which originates either from within or outside the County of Lake.

(Ord. No. 1191, § 2, 4-20-81)

6.1 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred (500) dollars or by imprisonment in the county jail for not to exceed six (6) months, or by both such fine and imprisonment.

(Ord. No. 1191, § 2, 4-20-81)

hereby declared to be a public nuisance. All remedies which are given by law for the prevention and abatement of a nuisance apply to such nuisance.

(Ord. No. 1237, § 1, 4-13-82)

public nuisance any English (Persian) Walnut tree infected with Blackline disease.

(Ord. No. 1237, § 1, 4-13-82)

Agricultural Code commencing with Section 5401 and for neglected and abandoned trees, Division 4, Part 1, Chapter 7 of the Agricultural Code commencing with Section 5551.

(Ord. No. 1237, § 1, 4-13-82)

Secs. 3-8—3-15. - Reserved.