Pennsylvania Act 1994-72 — NOXIOUS WEED CONTROL LAW - OMNIBUS AMENDMENTS

Act text

NOXIOUS WEED CONTROL LAW - OMNIBUS AMENDMENTS
                  Act of Jul. 7, 1994, P.L. 439, No. 72               Cl. 03
                             Session of 1994
                               No. 1994-72

     HB 1011

                                  AN ACT

     Amending the act of April 7, 1982 (P.L.228, No.74), entitled "An
        act relating to noxious weeds; creating a Noxious Weed
        Control Committee and defining its powers and duties;
        imposing powers and duties on the Secretary of Agriculture
        and municipalities; providing penalties; and making a
        repeal," further providing for the authority of the noxious
        weed control committee and for the imposition of a noxious
        weed control order against an individual property owner; and
        deleting a weed from the noxious weed control list.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 3(c) and 6 of the act of April 7, 1982
     (P.L.228, No.74), known as the Noxious Weed Control Law, are
     amended to read:
      Section 3.  Noxious Weed Control Committee.
        * * *
        (c)  The committee [may amend] shall have the authority to
     add plants to or delete plants from the noxious weed control
     list, including the noxious weed control list set forth under
     section 8, but shall hold hearings before adding plants to or
     deleting plants from the list.
        * * *
      Section 6.  Publication.
        (a)  Every order issued under section 5 shall be published in
     the Pennsylvania Bulletin pursuant to the act of July 31, 1968
     (P.L.769, No.240), referred to as the Commonwealth Documents
     Law.
        (b)  Every such order shall also be advertised in the area
     designated by posted notices and by advertising the order in a
     newspaper or newspapers of general circulation in the area as
     defined by Title 45 of the Pennsylvania Consolidated Statutes
     (relating to legal notices), covering the proposed weed control
     area.
        Section 2.  The act is amended by adding a section to read:
      Section 6.1.  Control order issued against an individual
                    landowner.
        (a)  The secretary may issue an order requiring an individual
     landowner to implement control measures for noxious weeds if he
     finds that noxious weeds are growing on that landowner's
     property.
        (b)  An order issued under this section shall be in writing
     and shall be served on the landowner by handing a copy of the
     order to him or by sending a copy of the order to the landowner
     by certified mail, return receipt requested.
        (c)  An order may be issued under this section without a
     public hearing, provided that the landowner may, within seven
     days of receipt, notify the secretary in writing that he intends
     to contest the order. If the landowner fails to contest the
     order within that seven-day period, it shall become final.
        (d)  Whenever a landowner notifies the secretary that he
     intends to contest an order issued under this section pursuant
     to subsection (c), the secretary shall provide the landowner
     with a hearing within ten days after receipt of notification
     that the order is being contested. After reviewing the testimony
     or other evidence presented at the hearing, the secretary may
     affirm, modify or vacate the order. If the order is affirmed or
     modified, it shall become a final order under this act.
        Section 3.  Section 7 of the act is amended to read:
      Section 7.  Compliance with orders.
        (a)  [Every] An affected landowner shall comply with an order
     [published as required by this act beginning at least 60] issued
     under section 5 within 30 days after [such] publication. An
     affected landowner shall comply with an order issued under
     section 6.1 within 30 days after the order becomes final.
        (b)  When an affected landowner fails to comply with an
     order, the secretary shall notify the landowner and the
     municipality within which the landowner's property is located by
     certified mail. Thereafter, the appropriate officials of the
     municipality shall take the necessary steps to carry out the
     order within 30 days after receipt of such notification by the
     secretary.
        (c)  A municipality which acts to control or destroy a
     noxious weed on a noncomplying landowner's property shall have
     power to recover all expenses and costs incurred in complying
     with the order from the noncomplying landowner.
        Section 4.  Section 8 of the act is amended to read:
      Section 8.  Noxious weed control list.
        The noxious weed control list shall include but not be
     limited to the following weeds:
            (1)  Cannabis sativa, commonly known as marihuana.
            [(2)  Cichorium intybus, commonly known as chicory or
        succory or blue daisy.]
            [(3)] (2)  Cirsium arvense, commonly known as Canadian
        thistle.
            [(4)] (3)  Rosa multiflora, commonly known as multiflora
        rose.
            [(5)] (4)  Sorghum halepense, commonly known as Johnson
        grass.
        Section 5.  Section 10 of the act is amended to read:
      Section 10.  Penalties.
        (a)  Any landowner who fails to comply with an order of the
     secretary shall be guilty of a summary offense[, and upon
     conviction thereof, shall be sentenced to pay a fine not
     exceeding $300, or undergo imprisonment for a period not
     exceeding 90 days, or both].
        (b)  Any landowner who interferes with the agents of the
     secretary, or with a municipality and the discharge of its
     duties hereunder, shall be guilty of a misdemeanor of the third
     degree [and upon conviction thereof, shall be sentenced to pay a
     fine not exceeding $2,500, or undergo imprisonment for a period
     not exceeding one year, or both].
        Section 6.  This act shall take effect immediately.

     APPROVED--The 7th day of July, A. D. 1994.

     ROBERT P. CASEY