(A) The existence of growth of a species of grass, Sorghum halepense, commonly known as “Johnsongrass”, as well as other Sorghum spp. with perennial rhizomes, (includes perennial sweet sudangrass, sorghum almum and hybrids derived therefrom) are hereby declared to be a public nuisance in the county or parts of said county hereby described.
(B) It shall be unlawful to knowingly allow Johnsongrass to set seed on any land 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 County Board of Supervisors as effective in preventing seed set on all Johnsongrass or other perennial Sorghum spp. on his or her property. Provided, however, a landowner or lessee may enter into a written compliance agreement with the County 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 Johnsongrass into this county or to transport Johnsongrass within the county in any form capable of growth or to knowingly contaminate any uninfested land with Johnsongrass through the movement of rootstocks, plant parts, seed, soil, mulch, nursery stock, farm machinery, or other media.
(D) The Board may enter into an agreement with the State Department of Agriculture and Consumer Services for the purpose of the control of Johnsongrass with the county and may accept funds from said Department as agreed upon; further, this section is in accordance with VA Code § 15.2-902.
(E) There is hereby established a Johnsongrass Control Committee composed of seven members, each to serve at the pleasure of the Board. Said Committee shall appoint all individuals responsible for a Johnsongrass control program, approve all expenditures of funds, and administer the Johnsongrass control program.
(F) The Johnsongrass Control Committee, or its representatives: shall conduct surveys to determine the location and amount of infestations of Johnsongrass within the county; shall provide the necessary technical and other assistance to landowners in a cooperative control or 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 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.
(H) Services rendered for actual control practices may be billed to the landowner or lessee and collected. All reimbursements shall be promptly deposited in a special Johnsongrass Control Fund and shall not revert to the General Fund of the county regardless of date accrued or collected. Collected or renewed funds for county expenditures shall be considered unexpended for cost-share purposes.
(I) A sum of $5,000 is hereby appropriated as a matching fund or better to implement and continue the Johnsongrass control program.
(Ord. passed 2-10-1983) Penalty, see § 150.99