Napa County Municipal Code Ch. 8.40 Control of Western Grapeleaf Skeletonizer

This chapter shall be known and may be referred to in all proceedings as the Napa County Western Grapeleaf Skeletonizer Ordinance.

(Ord. 1007 § 1 (part), 1992: prior code § 7600)

Unless the context otherwise requires, the following definitions shall govern the construction of this chapter:

(a) "Western grapeleaf skeletonizer" or "GLS" means the insect Harrisina brillians, a serious grape pest in some grape-growing regions of California.

(b) "GLS infested area" means an area in which GLS has been detected and not eradicated.

(c) "Greengrowing grapevines" means grapevine plants with leaves which, unlike dormant grapevines without leaves, are therefore a GLS pest risk.

(d) "Area" means a specific grapevine nursery stock growing ground or holding location plus all land within one-mile of the exterior perimeter of such growing ground or holding location.

(Ord. 1007 § 1 (part), 1992: prior code § 7601)

A. Certificates Required. No greengrowing grapevines originating outside Napa County but inside the state of California shall be shipped to, off-loaded, distributed, stored or planted within Napa County unless accompanied by an origin certificate or a treatment certificate.

B. Origin Certificates. Origin certificates may be issued only when the agricultural commissioner or his duly-authorized representatives in the shipping county has surveyed for GLS and has determined that the pest does not occur in the growing or holding area. Such determination shall be indicated on the origin certificate by a written statement that "no GLS is known to exist in the area where the vines were grown or held."

C. Treatment Certificates. Greengrowing grapevines originating from unsurveyed or GLS-infested areas shall be accompanied by a certificate affirming that the grapevines have been treated by at least one of the following methods:

1. Treatment with six to eight pounds of cryolite per acre, with thorough coverage;

2. Other insecticidal treatment approved in writing by the Napa County agricultural commissioner.

D. Form of Certificates. All certificates required by this chapter shall be on CDFA Form 66-079, "Certificate of Quarantine Compliance," as such may be amended from time to time.

(Ord. 1007 § 1 (part), 1992: prior code § 7602)

No intrastate shipment of greengrowing grapevines destined for Napa County shall be off-loaded within Napa County prior to reaching its destination. Upon arriving at such destination, each shipment shall be held until the certificates required by this chapter have been filed and reviewed and the shipment has been inspected by the Napa County agricultural commissioner or his duly authorized representatives.

(Ord. 1007 § 1 (part), 1992: prior code § 7603)

Following inspection in accordance with Section 8.40.040 and prior to any further distribution, storage or use, the person receiving any intrastate shipment of greengrowing grapevines shall, upon written request by the Napa County agricultural commissioner or his duly authorized representatives, treat such vines in whatever manner is determined by the commissioner or his representatives to be reasonably necessary to prevent the introduction or spread of GLS.

(Ord. 1007 § 1 (part), 1992: prior code § 7604)

A. Duty to Enforce. The Napa County agricultural commissioner and his deputy agricultural commissioners shall have, for purposes of Section 1.24.020 of the Napa County Code, the duty to enforce the provisions of this chapter.

B. Violations. It is unlawful and a public nuisance for any person to violate any of the provisions of this chapter or to cause any other person to do so. Such a violation shall be enforceable as a misdemeanor pursuant to Napa County Code Sections 1.20.150 and 1.20.160 and may be abated as a public nuisance pursuant to the procedures set forth in Chapter 1.20 of this code, commencing with Section 1.20.010.

(Ord. 1007 § 1 (part), 1992: prior code § 7605)