Chapter 8.24
WEED CONTROL
Sections:
8.24.040 Duties of owners and occupants.
8.24.050 Classification of weeds.
8.24.060 Classification or reclassification of weeds by resolution of county court.
8.24.070 Control of noxious weeds when owner or occupant refuses to do.
8.24.010 Title of chapter.
This chapter shall be known as the “weed control enforcement ordinance of Crook County.” (Ord. 139 § 1, 2001)
8.24.020 Definitions.
As used in this chapter, except as the context requires otherwise:
(1) “County” means Crook County, state of Oregon;
(2) “County court” means the county court of Crook County;
(3) “County clerk” means the clerk of Crook County;
(4) “District” means the weed control district, the boundaries of which coincide with the boundaries of Crook County;
(5) “Noxious weed” means any plant which is determined by the county court to be injurious to public health, crops, livestock, land, or other property. The list designating noxious weeds is fully set forth in CCC 8.24.050;
(6) “Land” means real property situated within Crook County upon which a violation of this chapter has occurred, or is occurring;
(7) “Occupant” means any person, partnership, corporation, or cooperative having actual, present, and physical possession of land;
(8) “Owner” means any person, partnership, corporation, or cooperative having a legal interest in land;
(9) “Weeds of economic importance” means weeds which result in economic impact, and which are identified by the district board of directors as appropriate targets for intensive control or eradication where feasible. (Ord. 139 § 2, 2001)
8.24.030 Notice.
(1) When it appears that a violation of this chapter has occurred, the weed master shall serve written notice to the owner and, if other than the owner, to the occupant of the land. If the weed master is unable to personally serve the person or persons to whom service is required, the weed master shall post such in three conspicuous places on the land.
(2) The notice required by subsection (1) of this section shall contain the following:
(a) The date of service or posting of notice;
(b) The name of the weed or weeds growing on the land, and a statement directing that such weed or weeds must be destroyed or prevented from producing seed within a specified period of time which shall be within the discretion of the weed inspector, but in no event shall be less than three days, nor more than 21 days, from the date of service or posting of notice.
(3) If service of notice is by the posting thereof, the weed inspector shall also mail a copy of such notice to any owner or occupant of the land by registered or certified mail, return receipt requested. Such notice shall be mailed to the most recent address on file with the county tax assessor’s office.
(4) A copy of the notice, together with the proof of service or posting endorsed thereon, shall be filed with the county court. (Ord. 139 § 3, 2001)
8.24.040 Duties of owners and occupants.
(1) Any owner or occupant of land shall destroy or prevent the seeding on such land of any weed classified as a Class A noxious weed by this chapter using the most efficient and effective means possible, within a timeline established by the county weed master.
(2) Any owner or occupant of land shall make diligent and practical effort to eradicate weeds of economic importance, and to prevent their spread.
(3) Any owner or operator of an aggregate resource site shall destroy or prevent the seeding on such land of any weed classified as a Class A, B or C noxious weed by this chapter using the most efficient and effective means possible, within a timeline established by the county weed master.
(4) Any owner or operator of an aggregate resource site shall ensure that all machinery used in the operation of such a site shall be thoroughly cleaned before being moved over any public road. “Thoroughly cleaned” is defined as pressure washing the sides, tops, wheels and undercarriages of all machinery in order to remove all seeds, plants, plant fragments, dirt and other debris.
(5) Upon the service or posting of the notice provided in CCC 8.24.030, any owner or occupant of land shall destroy or prevent from seeding or spreading the weed or weeds specified in the notice. Such obligation shall be a continuing obligation throughout the remainder of the then-current growing season, seeding, or spreading season. (Ord. 226 § 1, 2010; Ord. 139 § 4, 2001)
8.24.050 Classification of weeds.
For the purposes of this chapter, the weeds listed below are declared to be noxious:
|
CLASS A NOXIOUS WEEDS (those receiving the highest priority) |
|
|---|---|
|
Yellow Starthistle |
Purple Loosestrife |
|
Dalmation Toadflax |
Mediterranean Sage |
|
Scotch Thistle |
Squarrose Knapweed |
|
Wild Carrot |
Tansy Ragwort |
|
Rush Skeleton Weed |
African Rue |
|
Musk Thistle |
Perennial Pepperweed |
|
Jointed Goatgrass |
Orange Hawkweed |
|
Yellow Toadflax |
Yellow Flag Iris |
|
Eurasian Watermilfoil |
|
|
Leafy Spurge (all areas except Mill Creek drainage and within 50 feet of the high water mark on the Crooked River) |
|
|
CLASS B NOXIOUS WEEDS |
|
|---|---|
|
Canada Thistle |
St. John’s Wort |
|
Common Groundsel |
Scotch Broom |
|
Poison Hemlock |
Hound’s Tongue |
|
Russian Knapweed |
White Top |
|
Spiny Sowthistle |
Medusa Head |
|
Puncture Vine |
Yellow Flag Iris |
|
Myrtle Spurge |
Diffuse Knapweed |
|
Spotted Knapweed |
Perennial Pepperweed |
|
Medusahead Rye |
|
|
CLASS C NOXIOUS WEEDS |
|
|---|---|
|
Teasel |
Yellow Sweetclover |
|
Russian Thistle |
Common Mullein |
|
Kocia |
Bur Buttercup |
|
Bull Thistle |
Field Bindweed |
|
Western Water Hemlock |
Chicory |
|
Ventenata |
|
(Ord. 327 § 2, 2022; Ord. 226 § 2, 2010; Ord. 139 § 5, 2001)
8.24.060 Classification or reclassification of weeds by resolution of county court.
A weed may be added to, or deleted from, the list of noxious weeds by resolution of the county court. (Ord. 139 § 6, 2001)
8.24.070 Control of noxious weeds when owner or occupant refuses to do.
In the event any owner or occupant of land fails or refuses to destroy or cut noxious weeds within the time period specified by the notice provided in CCC 8.24.030, the weed master may, after consultation with the county court, prosecute such violation and/or may seek injunction relief to force compliance in accordance with this chapter, the laws of the state of Oregon, and the laws of the United States of America. (Ord. 139 § 7, 2001)
8.24.080 Penalties.
(1) Any owner or occupant of land commits a violation of this chapter when such owner or occupant fails and refuses to destroy noxious weeds, or their seed, or prevent the spread thereof, after being placed on notice to do so pursuant to CCC 8.24.030.
(2) Violation of this chapter is a violation and is punishable upon conviction by a fine not to exceed $500.00 for each offense. Each day of violation constitutes a separate offense. (Ord. 139 § 8, 2001)
8.24.090 Jurisdiction.
Jurisdiction for the prosecution of this chapter shall be with the Crook County circuit court. (Ord. 139 § 9, 2001)