NOXIOUS WEED CONTROL LAW — 1982 Pa. Act 74 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 1632, 1879, 2912 PRINTER'S NO. 3055
INTRODUCED BY HAYES, BOWSER, JOHNSON, WENGER, A. C. FOSTER, JR.,
PITTS, COLE, D. R. WRIGHT, STUBAN, NOYE, LIVENGOOD,
CALTAGIRONE, DeWEESE, PETERSON, PHILLIPS, TELEK, KLINGAMAN,
COSLETT, MACKOWSKI, DIETZ, WASS, GRUPPO, E. H. SMITH,
JACKSON, HONAMAN, GEIST, DORR, ARMSTRONG, MOWERY, DeVERTER,
W. W. FOSTER, GRIECO, MORRIS, STAIRS AND MADIGAN,
MAY 12, 1981
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MARCH 23, 1982
AN ACT
1 Relating to noxious weeds; creating a Noxious Weed Control
2 Committee and defining its powers and duties; imposing powers
3 and duties on the Secretary of Agriculture and
4 municipalities; providing penalties; and making a repeal.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the "Noxious Weed
9 Control Law."
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have, unless the context clearly indicates otherwise, the
13 meanings given to them in this section:
14 "Committee." The Noxious Weed Control Committee created by
15 this act.
16 "Control." An approved method of keeping a weed from <--
1 producing seed or other reproductive structure.
2 "CONTROL." ANY DEPARTMENTALLY APPROVED METHOD OF PREVENTING <--
3 A WEED FROM SPREADING INCLUDING ERADICATION.
4 "Department." The Department of Agriculture.
5 "Destruction." An approved method of killing or eradicating <--
6 a weed.
7 "Landowner." The owner of real property, the person with
8 legal title, whether or not in actual possession thereof, of
9 land infected INFESTED with a noxious weed. The term shall <--
10 include all departments, boards, commissions, agencies and
11 instrumentalities of the Commonwealth, its political
12 subdivisions and the Federal Government.
13 "List." The noxious weed control list.
14 "Municipality." County, city, borough, incorporated town or
15 township in which a noxious weed has been ordered controlled or
16 destroyed.
17 "Noxious weed." A plant that is determined to be injurious,
18 to public health, crops, livestock, agricultural land or other
19 property.
20 "Secretary." The Secretary of Agriculture.
21 "Weed control area." A municipality, geographic region, or
22 tract of land where a noxious weed must be treated as prescribed
23 under this act.
24 Section 3. Noxious Weed Control Committee.
25 (a) There is hereby created a committee to be known as the
26 Noxious Weed Control Committee, which shall have the powers of a
27 departmental administrative board in the Department of
28 Agriculture. It shall be composed of the Secretary of
29 Agriculture, the Secretary of Environmental Resources, the
30 Executive Director of the Pennsylvania Game Commission and the
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1 chairmen of the Agriculture and Rural Affairs Committees of the
2 Senate and House of Representatives. The Secretary of
3 Agriculture shall be chairman of the committee.
4 (b) The committee shall establish a noxious weed control
5 list, which shall be published as a regulation of the department
6 in the Pennsylvania Bulletin.
7 (c) The committee may amend the noxious weed control list
8 but shall hold hearings before adding plants to or deleting
9 plants from the list.
10 (d) Administrative support for the committee shall be
11 provided by the department, INCLUDING THE CONTACT OF STATE OR <--
12 FEDERAL AGENCIES FOR THE CONTROL OF NOXIOUS WEEDS ON THEIR
13 LANDS.
14 Section 4. Sale or propagation.
15 When a weed is declared noxious it shall be a violation of
16 this act to sell, transport, plant, or otherwise propagate that
17 weed within the Commonwealth, except that the secretary may
18 permit exceptions for specific horticultural or experimental
19 use.
20 Section 5. Weed control areas.
21 (a) The secretary on his own motion, or upon the request of
22 any interested person, may hold public hearings to consider the
23 designation of a weed control area.
24 (b) When a weed control area has been designated by the
25 secretary, the secretary shall issue an order describing the
26 weed control area and shall require the affected landowners to
27 comply with this act within 60 days from the publication of this
28 order. Such order may require control or destruction measures <--
29 for the noxious weed to be implemented by landowners: Provided,
30 however, That such order shall not impose an unreasonable
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1 deadline for compliance or an unreasonable financial burden on
2 any landowner.
3 Section 6. Publication.
4 (a) Every order shall be published in the Pennsylvania
5 Bulletin pursuant to the act of July 31, 1968 (P.L.769, No.240),
6 referred to as the Commonwealth Documents Law.
7 (b) Every such order shall also be advertised in the area
8 designated by posted notices and by advertising the order in a
9 newspaper or newspapers of general circulation in the area as
10 defined by Title 45 of the Pennsylvania Consolidated Statutes
11 (relating to legal notices), covering the proposed weed control
12 area.
13 Section 7. Compliance with orders.
14 (a) Every affected landowner shall comply with an order
15 published as required by this act beginning at least 60 days
16 after such publication.
17 (b) When an affected landowner fails to comply with an
18 order, the secretary shall notify the landowner and the
19 municipality within which the landowner's property is located by
20 certified mail. Thereafter, the appropriate officials of the
21 municipality shall take the necessary steps to carry out the
22 order within 30 days after receipt of such notification by the
23 secretary.
24 (c) A municipality which acts to control or destroy a
25 noxious weed on a noncomplying landowner's property shall have
26 power to recover all expenses and costs incurred in complying
27 with the order FROM THE NONCOMPLYING LANDOWNER. <--
28 Section 8. Noxious weed control list.
29 The noxious weed control list shall include but not be
30 limited to the following weeds:
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1 (1) Cannabis sativa, commonly known as marihuana.
2 (2) Cichorium intybus, commonly known as chicory or
3 succory or blue daisy.
4 (3) Cirsium arvense, commonly known as Canadian thistle.
5 (4) Rosa multiflora, commonly known as multiflora rose.
6 (5) Sorghum halepense, commonly known as Johnson grass.
7 Section 9. Rules and regulations.
8 The secretary may promulgate rules and regulations to
9 implement the provisions of this act.
10 Section 10. Penalties.
11 (a) Any landowner who fails to comply with an order of the
12 secretary shall be guilty of a misdemeanor of the third degree <--
13 and upon conviction thereof, shall be sentenced to pay a fine
14 not exceeding $2,500, or undergo imprisonment for a period not
15 exceeding one year, or both SECRETARY SHALL BE GUILTY OF A <--
16 SUMMARY OFFENSE, AND UPON CONVICTION THEREOF, SHALL BE SENTENCED
17 TO PAY A FINE NOT EXCEEDING $300, OR UNDERGO IMPRISONMENT FOR A
18 PERIOD NOT EXCEEDING 90 DAYS, OR BOTH.
19 (b) Any landowner who interferes with the agents of the
20 secretary, or with a municipality and the discharge of its
21 duties hereunder, shall be guilty of a summary offense, and upon <--
22 conviction thereof, shall be sentenced to pay a fine not
23 exceeding $300, or undergo imprisonment for a period not
24 exceeding 90 days, or both DUTIES HEREUNDER, SHALL BE GUILTY OF <--
25 A MISDEMEANOR OF THE THIRD DEGREE AND UPON CONVICTION THEREOF,
26 SHALL BE SENTENCED TO PAY A FINE NOT EXCEEDING $2,500, OR
27 UNDERGO IMPRISONMENT FOR A PERIOD NOT EXCEEDING ONE YEAR, OR
28 BOTH.
29 Section 11. Repeal.
30 The act of March 22, 1862 (P.L.164, No.164), entitled, as
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1 amended, "An act to provide for the destruction, and to prevent
2 the spread of Canada thistles, chicory, Johnson grass and
3 marihuana, and imposing certain powers and duties upon
4 supervisors and constables in relation thereto," is repealed
5 absolutely.
6 Section 12. Effective date.
7 This act shall take effect in 60 days.
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