[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:
The Stephenson County Health Department, through its Public
Health Administrator, or his/her designee, acting as Weed Control
Superintendent, as defined in the law.
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.[1]
[1]
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.
