§ 13-7-401. PROHIBITED ACTS; PENALTY.

(a)

In general. An owner, occupant, or person in control of a lot or parcel of land in the county may not allow or maintain on the lot or parcel of land:

(1)

A growth of grass, weeds, or other rank vegetation to a height exceeding 1 foot; or

(2)

Ragweed, poison ivy, and all other noxious weeds that are generally known to be either allergenic, a skin irritant, or toxic when ingested.

(b)

Authority to modify the requirements.

(1)

The Department may modify the requirements of subsection (a) of this section in the cases of bona fide agricultural property, natural wooded areas, naturally vegetated landscape buffers in residential areas, stream protection areas, habitat protection areas, steep slope and erodible soil protection areas, storm water management facilities areas, unimproved areas in more than 3 acres, areas publicly owned and maintained as natural areas, and private open-space areas covenanted with the county as recreational areas to be maintained in their natural state.

(2)

(i)

Notwithstanding paragraph (1) of this subsection, noxious weeds as described in subsection (a)(2) of this section may not be allowed to grow within 20 yards of a property line adjoining an occupied residential, commercial, or industrial property.

(ii)

The setback requirement of subparagraph (i) of this paragraph does not apply to wetlands, stream protection areas, habitat protection areas, steep slope and erodible soil protection areas, storm water management facilities areas, naturally vegetated landscape buffers in residential areas, and nature study areas.

(c)

Destruction of noxious weeds. Noxious weeds may be destroyed by:

(1)

Spraying with a chemical compound;

(2)

Cutting and removal;

(3)

Plowing under; or

(4)

Another method recommended by the Department of Health.

(d)

Penalty - Criminal.

(1)

An owner, occupant, or person in control of a lot or parcel of land who fails to comply with this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(2)

Each day a violation continues constitutes a separate offense.

(1988 Code, §§ 22-81, 22-82) (Bill No. 173, 1989, § 2, 1-26-1990; Bill No. 69-98, § 1, 7-10-1998; Bill No. 105-00, § 2, 7-1-2004; Bill No. 82-06, §§ 1, 3, 8-24-2006; Bill No. 103-07, § 1, 3-9-2008)