[HISTORY: Adopted by the Board of Supervisors of Carroll County 6-11-1986 (Ch. 101 of the 1990 Code). Amendments noted where applicable.]
This chapter shall hereinafter be known as and may be cited as the "Multiflora Rose Control Ordinance of Carroll County, Virginia."
Editor's Note: Original § 101-2, Legislative authority, of the 1990 Code, which immediately followed this section, was repealed 11-14-2013.
The provisions of this chapter shall apply to all land within Carroll County, including the incorporated municipalities.
This chapter is adopted for the purpose of preventing, controlling and abating the growth, importation and contamination of uninfested lands by the species commonly known as "multiflora rose."
In the construction of this chapter, the rules contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural the singular.
The word "shall" is mandatory and not discretionary.
The word "may" is permissive and not mandatory.
Any reference to this chapter includes all ordinances amending or supplementing the same.
For the purpose of this chapter, certain words or terms used herein shall be defined as follows:
- BOARD OF SUPERVISORS
- The governing body of Carroll County, Virginia.
- CONTROL ZONE
- Carroll County, Virginia, including the incorporated municipalities.
- Any person holding a fee simple interest or a leaseholder interest in property located in Carroll County, Virginia. "Landowner" does not include the holder of an easement.
- MULTIFLORA ROSE
- The existence of growth of a species of rose, rosa multiflora thumberg.
- MULTIFLORA ROSE CONTROL COMMITTEE
- A Committee of five members, appointed by the Board of Supervisors, who are responsible for administering the multiflora rose control program for Carroll County, Virginia.
Nuisance. Multiflora rose is hereby declared to be a public nuisance and a dreadful weed.
The administrator shall be considered the agent of the Board of Supervisors. The Multiflora Rose Control Committee, as appointed by the Board of Supervisors, is hereby delegated to administer this chapter.
In addition to the regulations herein contained, the administrator may, from time to time, establish any reasonable administrative procedures deemed necessary for the proper administration of this chapter or such other authority as the Board of Supervisors might delegate.
There is hereby established a Multiflora Rose Control Committee composed of five members, each to serve at the pleasure of the Board of Supervisors. Members of the Committee shall be appointed from farmers, the Agricultural Stabilization and Conservation Service, Vocational Agriculture, Farm Bureau, Cooperative Extension Service, Soil Conservation Service, Department of Highways and utility companies and members of the general public as deemed desirable by the Board Supervisors.
The Multiflora Rose Control Committee shall appoint all individuals responsible for the Multiflora Rose Control Program and recommend to the Board of Supervisors the expenditure of any necessary funds, subject to the approval of the Board of Supervisors, as well as administer the multiflora rose control program.
It shall be unlawful to knowingly allow multiflora rose to set seed on any land in the control zone, and it shall be the duty of each landowner to mow, follow, treat with herbicides or use such other practices as may be approved by the Board of Supervisors or its designee as effective in preventing seed set of all multiflora rose on his property; provided, however, that as long as a landowner or lessee follows the current recommendations of the VPI and SU Cooperative Extension Service or the local Multiflora Rose Control Committee, there is no violation of this chapter.
It shall be unlawful to import multiflora rose into Carroll County or to transport multiflora rose within Carroll County in any form capable of growth or to knowingly contaminate any uninfested land with multiflora rose through the movement of rootstock, plant parts, seed, soil, mulch, nursery stock, farm machinery or other media.
The Multiflora Rose Control Committee or its representatives shall conduct surveys to determine the location and amount of infestations of multiflora rose within Carroll County, shall provide the necessary technical and other assistance to landowners in a cooperative control or eradication program and 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.
Services rendered for actual control practices may be billed to the landowner or lessee and collected. All reimbursements shall be promptly deposited in a specified Multiflora Rose Control Fund and shall not revert to the general revenue fund of Carroll County, regardless of the date accrued or collected. Collected or renewed funds for County expenditures shall be considered unexpended for cost-share purposes.
The Board of Supervisors may enter into an agreement with the Virginia Department of Agriculture and Consumer Services for the purpose of the control of multiflora rose within Carroll County and may accept funds from said Department as agreed upon.
Editor's Note: Original § 9.1-16, which immediately followed this section and which duplicated the provisions of this section, was repealed 8-8-1990.
It will be the landowner's primary responsibility to meet the major burden of the costs for the control and eradication of multiflora rose in cooperation with the Multiflora Rose Control Committee and in accordance with any written agreements between the landowners and the Committee. The Board of Supervisors may, from time to time, appropriate local funds to implement and continue the multiflora rose control program. Local funds appropriated by the Board of Supervisors will be used to match funds extended by the Virginia Department of Agriculture and Consumer Services on a fifty-fifty basis.
[Amended 8-8-1990; 11-14-2013]
Any person, firm or corporation who violates any provision of this chapter shall be guilty of a Class 1 misdemeanor.
Certified copies of this chapter and all amendments thereto shall be filed in the offices of the Planning Commission, the County Administrator, the Multiflora Rose Control Committee and the Clerk of the Circuit Court of Carroll County, Virginia.