CHAPTER 160

FORMERLY

HOUSE BILL NO. 408

AS AMENDED BY HOUSE AMENDMENTS NO. 1 AND 2

AN ACT TO AMEND CHAPTER 24, PART II, TITLE 3 OF THE DELAWARE CODE RELATING TO JOHNSON-GRASS CONTROL.

Be it enacted by the General Assembly of the State of Delaware (Two-thirds of all members elected to each House thereof concurring therein:

Section 1. Amend §2404, Chapter 24, Part II, Title 3 of the Delaware Code, by striking the second paragraph of said section, and substituting in lieu thereof the following:

"It shall be unlawful to knowingly allow Johnsongrass to set seed on any land, or to allow any portion of a Johnsongrass plant to reach a height of twenty-four inches; and it shall be the duty of each landowner to mow, cultivate, treat with chemicals, or use such other practices as may be prescribed by the Department of Agriculture as effective in preventing seed set on Johnsongrass infestations or elimination of the Johnsongrass plant."

Section 2. Amend Section 2406, Chapter 24, Title 3, Delaware Code, by striking said section in its entirety, and inserting in lieu thereof a new Section 2406 to read as follows:

§ 2406. Violation

Any person who shall knowingly violate any of the provisions of this chapter, or any rule or regulation made thereunder, or who interferes with the State Board of Agriculture in the enforcement of the provisions of this chapter, shall be fined not less than $50 nor more than $500 on each count. Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violation of this chapter.

Approved July 9, 1973.