Chapter 7.28
WEEDS AND SHRUBS1

Sections:

7.28.010    Scotch or Canada thistle--Prohibited.

7.28.020    Scotch or Canada thistle--Sowing on another’s property prohibited.

7.28.030    Violation of Sections 7.28.010 and 7.28.020--Penalty.

7.28.040    Broom defined.

7.28.050    Inspection of land--Notice to abate.

7.28.060    Service of notice.

7.28.070    Violation of Sections 7.28.050 and 7.28.060--Penalty.

7.28.010 Scotch or Canada thistle--Prohibited.

It is unlawful for any person or persons owning or possessing land in the county to permit the Scotch or Canada thistle to mature and disseminate its seed on land so owned or possessed by such person or persons.  (Ord. 123 §1, 1905).

7.28.020 Scotch or Canada thistle--Sowing on another’s property prohibited.

It is unlawful for any person or persons to knowingly sow or disseminate any seed of the Scotch or Canada thistle upon any land owned or possessed by another.  (Ord. 123 §2, 1905).

7.28.030 Violation of Sections 7.28.010 and 7.28.020--Penalty.

Every person who violates Sections 7.28.010 or 7.28.020 is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding fifty days.  (Ord. 123 §3, 1905).

7.28.040 Broom defined.

Wherever the word "broom" is used in this chapter it includes and means Scotch Broom (Cytisus Scoparius), Spanish Broom (Spartium Junceum) and French Broom (Cytisus Monspessulanus).  (Ord. 280 §1(part), 1955).

7.28.050 Inspection of land--Notice to abate.

The agricultural commissioner of Amador County, whenever he deems it necessary, may enter upon and make an inspection of any area of land located in the unincorporated territory of the county for the purpose of detecting the presence thereon of broom, and if any of said broom is found to be growing upon said area or any part of the same, he may notify in writing the record owner or person in charge or in possession of said premises of the presence and approximate location of such broom and require such person to eradicate and destroy the same, to the satisfaction of said agricultural commissioner, within a period of thirty days after such notice, or within the further extension thereof in writing signed by said commissioner, or within said period of time or such extension thereof to give his consent in writing to said agricultural commissioner authorizing said commissioner or his duly authorized representative to enter upon said premises for the purpose of removing or treating such broom at public expense.  (Ord. 280 §2(part), 1955).

7.28.060 Service of notice.

The notice specified in Section 7.28.050 may be served personally upon the record owner or person having charge or possession of such premises so found to be infested with broom, or upon the agent of either of such persons if any of such persons can be found within the county.  If none of the persons so enumerated upon whom personal service can be had can, after diligent search be found within the county, then said notice may be served by posting copies thereof in three conspicuous places upon said property and by mailing a copy thereof to the record owner at his last known address.  (Ord. 280 §2(part), 1955).

7.28.070 Violation of Sections 7.28.050 and 7.28.060--Penalty.

It is unlawful for any person to plant or grow broom within the unincorporated area of Amador County, and every record owner or person in charge or possession of any premises within said unincorporated area, who has been served with the written notice as provided in Sections 7.28.050 and 7.28.060 of this chapter, who refuses, fails or neglects to eradicate or destroy, to the satisfaction of the agricultural commissioner, the said broom within the time specified in said notice or who does not within said period of time give his written permission to said commissioner or his duly authorized representative to enter upon said premises for the purpose of removing or treating such broom at public expense, is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a term not to exceed six months, or by a fine not to exceed five hundred dollars, or by both such fine and imprisonment.  (Ord. 280 §3, 1955).


1

    For statutory provisions on the abatement of hazardous weeds, etc., by counties, see Health & Saf. Code §14875 et seq.