[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."[1]
[1]
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of the 1990 Code, which immediately followed this section, was repealed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:
A.
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.
B.
The word "shall" is mandatory and not discretionary.
C.
The word "may" is permissive and not mandatory.
D.
Any reference to this chapter includes all ordinances amending or
supplementing the same.
A.
BOARD OF SUPERVISORS
CONTROL ZONE
LANDOWNER
MULTIFLORA ROSE
MULTIFLORA ROSE CONTROL COMMITTEE
For the purpose of this chapter, certain words or terms used herein
shall be defined as follows:
The governing body of Carroll County, Virginia.
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.
The existence of growth of a species of rose, rosa multiflora
thumberg.
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.
B.
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.[1]
[1]
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.
