§ 54-27. Johnson grass control and implementation and administration of programs related thereto.

(a)

The existence of growth of a species of grass, Sorghum halepense, commonly known as Johnson grass, including perennial sweet Sudan grass, sorghum alum and hybrids derived therefrom, is hereby declared to be a public nuisance. It shall be unlawful to knowingly allow Johnson grass to set seed on any land in the county. Each landowner shall mow, fallow, treat with herbicides, or use such other practices as may be approved by the board of supervisors as effective in preventing seed set on all Johnson grass or other perennial sorghum species on his property. However, a landowner or lessee may enter into a written compliance agreement with the board of supervisors or its designee, specifying terms and conditions of a control program and, so long as all the terms and conditions are being complied with, there is no violation of this section.

(b)

It shall be unlawful to import Johnson grass into this county or to transport Johnson grass within this county in any form capable of growth or to knowingly contaminate any uninfested land with Johnson grass through the movement of rootstocks, plant parts, seed, soil, mulch, nursery stock, farm machinery, or other media.

(c)

The board may enter into an agreement with the state department of agriculture and consumer services for the purpose of the control of Johnson grass within the county and may accept funds from such department as agreed upon; further, this section is in accordance with Code of Virginia, § 15.2-902.

(d)

There is hereby established a Johnson grass control committee composed of three members, each to serve at the pleasure of the board. The committee shall appoint all individuals responsible for a Johnson grass control program. The Johnson grass control committee or its representatives:

(1)

Shall conduct surveys to determine the location and amount of infestations of Johnson grass within the county;

(2)

Shall provide the necessary technical and other assistance to landowners in a cooperative control or eradication program; and

(3)

May effect a program of spraying or other control practices on road rights-of-way, drainage ditch banks, parks, playgrounds, utility rights-of-way and other public or private lands.

(e)

The board may accept, use or expend such aid, gift, grant or loan as may from time to time be made available from any public or private source for the purposes of carrying out the provisions of this section.

(f)

Services rendered for actual control practices may be billed to the landowner or lessee and collected. All reimbursements shall be promptly deposited in a special Johnson grass control fund and shall not revert to the general fund of the county, regardless of the date accrued or collected.

(g)

Any person who fails or refuses to comply with this section shall be deemed guilty of a class 1 misdemeanor.

(Code 1988, § 8-27)

State Law reference— Noxious Weed Law, Code of Virginia, § 3.1-296.11 et seq.; county may provide for removal of weeds, etc., Code of Virginia, § 15.2-901; powers of county as to Johnson grass and multiflora rose, Code of Virginia, § 15.2-902.

(Code 1988, § 8-27)

State law reference

Noxious Weed Law, Code of Virginia, § 3.1-296.11 et seq.; county may provide for removal of weeds, etc., Code of Virginia, § 15.2-901; powers of county as to Johnson grass and multiflora rose, Code of Virginia, § 15.2-902.