Except as hereinafter provided, it shall be unlawful for any person having possession of or responsible for the management or upkeep of any lot, parcel or portion of real property within the City of San Leandro to: (a) wilfully and knowingly plant, grow, nurture, keep, or harbor any castor bean plant (Ricinus Communis) or the seeds or beans thereof upon said real property; or (b) refuse, fail, or neglect for a period of 48 hours after receiving notice as hereinafter provided, to destroy any such plant and all parts and seeds or beans thereof.
The provisions of this Chapter shall not apply to any of the following circumstances:
(a)
The keeping of castor bean plants or the seeds or beans thereof by any person engaged in educational, scientific, or research activity, or having a botanical collection or display for such purposes, provided a permit therefor is first obtained from the City Manager or designated representative.
(b)
The commercial cultivation or cropping of castor bean plants or the seeds or beans thereof, provided that the premises or portion thereof where same is carried on shall be completely enclosed or shall be inaccessible so as to effectively prevent children from entry upon such premises or portions thereof.
(c)
The possession of castor bean plants or the seeds or beans thereof for sale at retail or wholesale, provided that any such plants or seeds or beans where displayed or exposed to members of the general public or sold to anyone shall be in packages or containers, which in the case of such seeds or beans shall be securely sealed or closed, and such packages or containers shall have written thereon or upon a label securely fastened thereto the information that such plants or seeds or beans are poisonous to persons or animals if chewed, eaten, or swallowed.
Any violation of the provisions of this Article may be abated in the manner provided in Chapter 1-12. In addition, enforcement may be had by issuing the notice provided in Section 4-1-400. Such notice shall be in writing and may be given by personal service on the violator, or by registered or certified mail addressed to the violator, or by posting such notice in a conspicuous place or places on the premises where the violation has occurred.