Chapter 8.20
DANGEROUS PLANTS
Sections:
8.20.010 Keeping of castor bean plant – Prohibited.
8.20.020 Keeping of castor bean plant – Exceptions.
8.20.030 Manner of serving notice provided for in Section 8.20.010.
8.20.040 Violation of this chapter a nuisance.
8.20.010 Keeping of castor bean plant – Prohibited.
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) Willfully and knowingly plant, grow, nurture, keep, or harbor any castor bean plant (Ricinus communis) or the seeds or beans thereof upon said real property; or
(b) Refuse, fail, or neglect, for a period of 48 hours after receiving notice as hereinafter provided, to remove any such plant and all parts and seeds or beans thereof from such real property. (Ord. 163 § 1. 1990 Code § 3-9100.)
8.20.020 Keeping of castor bean plant – Exceptions.
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 seeds 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. 163 § 1. 1990 Code § 3-9101.)
8.20.030 Manner of serving notice provided for in Section 8.20.010.
The notice referred to in Section 8.20.010 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/her, 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/her office to enforce this law. (Ord. 163 § 1; amended during 2012 reformat. 1990 Code § 3-9102.)
8.20.040 Violation of this chapter a nuisance.
It is hereby 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 such 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 such premises, public or private, wherein such nuisance exists and summarily abate same. (Ord. 163 § 1. 1990 Code § 3-9103.)