CHAPTER 360

FORMERLY

SENATE BILL NO. 539

AS AMENDED I3Y SENATE AMENDMENT NOS. 1 AND 3

AN ACT TO AMEND CHAPTER 14, TITLE 3, DELAWARE CODE, RELATING TO NOXIOUS WEEDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2401, Chapter 24, Title 3, Delaware Code, by striking said Section in its entirety and substituting in lieu thereof a new Section to read as follows:

"§2401. Declared Public and Common Nuisance

The existence of growth of a noxious weed is declared to be a public and common nuisance."

Section 2. Amend §2402(a), Chapter 24, Title 3, Delaware Code, by striking the words "Johnson grass" as they appear therein and Inserting in lieu thereof the words "noxious weeds".

Section 3. Amend §2402(b) Chapter 24, Title 3, Delaware Code, by inserting between the word "Department" and the word "may" the following"

"shall designate species of weeds which adversely affect or threaten agriculture production as noxious weeds, and".

Section 4. Amend §2402, Chapter 24, Title 3, Delaware Code by adding thereto a new subsection (f) to read as follows:

"(f) A weed advisory committee consisting of five (5) persons shall serve in an advisory capacity to the Secretary on matters concerning noxious weed control in the State. The Committee shall consist of a co-operative extension representative from the University of Delaware, chosen by the director of Co-operative Extension Service; the Noxious Weed Specialist, State Department of Agriculture and one (I) person from each of the three (3) counties to he chosen by the Governor's Council on Agriculture."

Section 5. Amend §2403, Chapter 24, Title 3, Delaware Code, by inserting the word "designated" immediately after the word "any" and before the word "county" as the same appears in the first sentence of said Section, and further striking the words "Johnson grass" wherever they appear in said Section and inserting the words "designated noxious weed".

Section 6. Amend §2404, Chapter 24, Title 3, Delaware Code, by striking the words "Johnson grass" wherever they appear in said Section and inserting in lieu thereof the words "designated noxins weeds".

Section 7. Amend §2404, Chapter 24, Title 3, Delaware Code, by inserting after the word "landowner" and before the words "to mow" the following:

"or person who has the present right to possess and/or use the land".

Section 8. Amend §2405, Chapter 24, 'Title 3, Delaware Code, by adding thereto the words "except as hereinafter provided" immediately following the word "Chapter" and before the words "shall be" and further adding thereto the following sentence immediately following the last sentence of said Section:

"Provided, however, a landowner or person who possesses or has the use of that land may enter into a written agreement with the Department of Agriculture specifying terms and conditions of a program for the control and eradication of designated noxious weeds, and so long as all the terms and conditions arc being complied with, there is no violation of this Chapter as to the land covered by the agreement."

Approved July 8, 1982.