Ordinance No. 6-94B
AN ORDINANCE REGARDING THE DESTRUCTION OF NOXIOUS WEEDS WITHIN THE VILLAGE OF AUBURNDALE, AND PROVIDING MEANS FOR THE IMPLEMENTATION AND ENFORCEMENT THEREOF.
WHEREAS, the Village Board of the Village of Auburndale desires to provide for the destruction of all noxious weeds on property within the Village of Auburndale;
THEREFORE, THE VILLAGE BOARD OF THE VILLAGE OF AUBURNDALE DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Publishing of Notice. The Village Clerk shall annually on or before May 15th publish as required by state law a notice that every person is required by law to destroy all noxious weeds on lands in the Village which he/she owns, occupies or controls. A joint notice with other towns or municipalities may be utilized.
Section 2. Destruction of Noxious Weeds. If the owner or occupant shall neglect to destroy any weeds as required by such notice, then the Weed Commissioner of the Village shall give five (5) days written notice by mail to the owner or occupant of any lands upon which the weeds shall be growing to the effect that the said Weed Commissioner after the expiration of five (5) days period will proceed to destroy or cause to be destroyed all such weeds growing upon lands and that the cost thereof will be assessed as a tax upon the lands upon which such weeds are located under the provisions of Section 66.96 of the Wisconsin Statutes. In case the owner or occupant shall further neglect to comply with such five (5) days notice, then the Weed Commissioner shall destroy such weeds or cause them to be destroyed in the manner deemed to be the most economical method and the expense thereof, including the cost of billing and other necessary administrative expenses, shall be charged against such lots and be collected as a special tax thereon.
Section 3. Noxious Weeds. As provided for in Section 66.96 (2) of the Wisconsin Statutes, the Village shall require that all noxious weeds shall be destroyed prior to the time in which such plants would mature to the bloom or flower state. The growth of noxious weeds in excess of eight (8) inches in height from the ground surface shall be prohibited within the Village limits. Noxious weeds shall include any weed, grass or similar plant growth, which if allowed to pollinate, would cause or produce hay fever in human beings or would cause a skin rash through contact with the skin. Noxious weeds, as defined in this ordinance, shall include but not be limited to the following:
Cirsium Arvense (Canada Thistle)
Ambrosia artemisiifolia (Common ragweed)
Ambrosia trifida (Great ragweed)
Euphorbia esula (Leafy spurge)
Convolvulus arvensis (Creeping Jenny) (Field Bindweed)
Tragopogon dubius (Goat’s Beard)
Rhus radicans (Poison Ivy)
Cirsium vulgaris (Bull thistle)
Pastinaca sativa (Wild parsnip)
Arctium minus (Burdock)
Xanthium strumarium (Cocklebur)
Amaranthus retroflexus (Pigweed)
Chenopodium album (Common lambsquarter)
Pumax Crispus (Curly dock)
Cannabis sativa (Hemp)
Plantago lanceolata (English plantain)
Noxious grasses, as defined in this Ordinance, shall include but not be limited to the following:
Agrostis alba (Redtop)
Dactylis glomerata (Orchard)
Phleum pratense (Timothy)
Poa pratensis (Kentucky blue)
Sorghum halepense (Johnson)
Section 4. Enforcement. Sworn law enforcement officers at all levels within the Village of Auburndale shall have authority to enforce these ordinances and shall have authority to issue citations or complaints for violations of this ordinance.
Section 5. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances and resolutions in conflict herewith are hereby repealed. This ordinance shall take effect upon passage and publication.
Section 6. Severability. The provisions of this ordinance shall be deemed severable and it is expressly declared that the provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid and if any provision of this ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.
Section 7. Effective Date. This ordinance shall take effect and be in force upon passage and filing with the Village Clerk, and published pursuant to the Wisconsin Statutes.
David Haupt, Village President
Village of Auburndale
Lynn Lingford, Village Clerk
Village of Auburndale