2005 Missouri Revised Statutes - § 263.190. — Owners to control musk, Scotch, and Canada thistles--notice procedure--penalty.

263.190. 1. The plants musk thistle (Carduus nutans L.), Scotch thistle (Onoprodum acanthium L.) and Canada thistle (Cirsium arvense) are hereby designated as noxious weeds. All owners of land shall control all such plants growing upon their land.

2. It shall be the duty of every owner of lands in this state to control all Canada, musk, or Scotch thistles growing thereon so often in each and every year as shall be sufficient to prevent said thistles from going to seed. If any owner of such land shall knowingly allow any Canada, musk, or Scotch thistles to grow thereon, such owner shall forfeit and pay the sum of one hundred dollars to the county commission for every such offense, and such sum forfeited plus court costs may be recovered by civil action instituted by the prosecuting attorney in the name of the county commission before any associate circuit judge of the county in which the offense is committed. All sums recovered by virtue of this section shall be paid to the use of the county control fund.

3. Before initiating any civil action under this section, the prosecuting attorney of the county in which the land, or the greater part thereof, is located shall notify the owner of the land of the requirements of this law, by certified mail, return receipt requested, from a list supplied by the officer who prepares the tax list, and shall allow the owner of the land fifteen days from acknowledgment date of return receipt, or date of refusal of acceptance, as the case may be, to control all such plants growing upon his land. Failure of the owner to control such plants within the fifteen-day period shall be prima facie evidence of the owner's knowledge that he is in violation of this law, and each fifteen days the violation continues after the initial fifteen-day period shall, for the purpose of forfeiture and penalty herein, be considered a separate offense.

(RSMo 1939 § 14260, A.L. 1979 H.B. 259, A.L. 1992 H.B. 1199)

Prior revisions: 1929 § 12597; 1919 § 12118; 1909 § 742