[HISTORY: Adopted by the County Board of Stephenson County 11-11-2003 by Ord. No. 03-32-280 (Ch. 13, Art. VI, of the 1977 Code). Amendments noted where applicable.]
This chapter shall, by reference, adopt the Illinois Noxious Weed Law (505 ILCS 100/1 et seq.) and Part 220 Rules in its entirety, a certified copy of which shall be on file in the offices of the County Clerk and the control authority. Sections 388-2 through 388-8 are highlights of the Act (in part) with some minor additions for ease in local administration, as allowed under law.
Illinois noxious weeds for the unincorporated area of Stephenson County are: marijuana, Canada thistle, perennial sow thistle, musk thistle, perennial members of the sorghum genus such as Johnson grass, sorghum almum, other Johnson grass crosses with rhizomes, and kudzu. Giant ragweed and common ragweed are designated noxious weeds within the corporate limits of cities, villages, and incorporated towns.
As used in this chapter, the following terms shall have the meanings indicated:
- CONTROL AUTHORITY
- The Stephenson County Health Department, through its Public Health Administrator, or his/her designee, acting as Weed Control Superintendent, as defined in the law.
- CONTROL, CONTROLLED, or CONTROLLING
- Includes being in charge of or being in possession, whether as owner, lessee, renter or tenant, under statutory authority, or otherwise.
Eradication of noxious weeds can be by an approved spray program or by timely cutting.
Every person shall control the presence and spread of noxious weeds on lands owned or controlled by him/her, assure their timely eradication, and use such methods for that purpose and at such times as approved and adopted by the Director of the Illinois Department of Agriculture.
Whenever the owner or person in control of the land on which noxious weeds are present has neglected or failed to control or eradicate them as required in this chapter and any notice is given pursuant to § 388-8, the control authority having jurisdiction shall have proper control over eradication methods used on such land, and shall advise the owner, person in control, and record holder of any encumbrance of the cost incurred in connection with such operation. The cost of any such control or eradication shall be at the expense of the owner. If unpaid for six months, or longer, the amount of such expense shall become a lien upon the property. Nothing contained in this section shall be construed to require satisfaction of the obligation imposed hereby in whole or in part from the sale of the property or to bar the application of any other additional remedy otherwise available. Amounts collected under this section shall be deposited in the County health fund or other appropriate fund of the control authority.
The control authority may enter upon all land under its jurisdiction for the purpose of performing its duties and exercising its powers under this chapter and the Illinois Noxious Weed Law, including the taking of specimens of weeds or other materials, without the consent of the person owning or controlling such land and without being subject to any action for trespass or damages, if reasonable care is exercised.
Pre-notices may be given or issued verbally or in writing. If the violation continues to exist after such notice, then a certified letter will be issued citing a definite date for the violation to be abated as stated in Section 21 of the Illinois Noxious Weed Law.
Editor's Note: See 505 ILCS 100/21.
Any person violating any provision of this chapter or any regulation issued hereunder is guilty of a petty offense and shall be fined not more than $100 for the first offense and not more than $200 for each subsequent offense.