§ 70-1. Johnson grass.

(a)

The existence of growth of a species of grass, Sorghum halepense, commonly known as Johnson grass as well as other Sorghum spp. with perennial rhizomes (includes perennial sweet sudangrass, sorghum almum and hybrids) are declared to be a public nuisance in the county or parts of the county described in this section.

(b)

It shall be unlawful to knowingly allow Johnson grass to set seed on any land in the county; and it shall be the duty of each landowner to 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 spp. 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.

(c)

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.

(d)

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

(e)

There is established a Johnson grass control committee composed of three members, each to serve at the pleasure of the board of supervisors. This committee shall appoint all individuals responsible for a Johnson grass control program, approve all expenditures of funds, and administer the Johnson grass control program.

(f)

The Johnson grass control committee or its representatives shall conduct surveys to determine the location and amount of infestations of Johnson grass within the county; shall provide the necessary technical and other assistance to landowners in a cooperative control of 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.

(g)

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

(Code 1990, § 9-6)

(Code 1990, § 9-6)