2007 Oregon Code - Chapter 452 :: Chapter 452 - Vector and Weed Control
Chapter 452 —
Vector and Weed Control
2007 EDITION
VECTOR AND WEED CONTROL
PUBLIC HEALTH AND SAFETY
DEFINITIONS
452.010Â Â Â Â Definitions
for ORS 452.010 and 452.020 to 452.300
VECTOR CONTROL DISTRICTS
452.020Â Â Â Â Formation
of district
452.070Â Â Â Â Substantial
compliance suffices
452.080Â Â Â Â Board
of trustees; district name change
452.090Â Â Â Â Filling
vacancies; removal
452.100Â Â Â Â Meetings
of board
452.110Â Â Â Â Powers
of the board; contracts
452.120Â Â Â Â Duties
of county court
452.130Â Â Â Â Payment
for cost of vector control; exception
452.140Â Â Â Â Pesticide
use; consent of State Fish and Wildlife Commission
452.145Â Â Â Â Limitation
on predatory animal control
452.151Â Â Â Â Technical
advice
452.153Â Â Â Â Budget;
taxing authority; rate limitation
452.157Â Â Â Â Collection
of levy under ORS 452.153; deposit; disbursement; levy as lien
452.158Â Â Â Â Filing
boundary change with county assessor and Department of Revenue
452.160Â Â Â Â Budget
estimates; rate limitation; levy; deposit and disbursement; levy as supplement
to levy under ORS 452.153
452.170Â Â Â Â Deposit
and disbursement of moneys collected
CONTROL OF VECTORS
(By Counties)
452.210Â Â Â Â County
contracts with cities, vector control districts or other counties on vector
control
452.230Â Â Â Â Rights
under contract
452.240Â Â Â Â Powers
of county regarding vector control
452.245Â Â Â Â Pesticide
use; consent of State Fish and Wildlife Commission
452.250Â Â Â Â Interference
prohibited
(By State)
452.300Â Â Â Â Department
of Human Services vector control program
RAGWEED CONTROL
452.510Â Â Â Â Definitions
for ORS 452.510 to 452.590
452.520Â Â Â Â Ragweed
plants declared public nuisances
452.530Â Â Â Â Administration
and enforcement; dissemination of information
452.540Â Â Â Â Access
to land within control area; interference with department prohibited
452.550Â Â Â Â Action
by department in detecting, controlling and destroying ragweed
452.560Â Â Â Â Destruction
and control of ragweed on lands owned by public bodies; failure to act; remedy
452.570Â Â Â Â Detection,
control and destruction of ragweed outside control area
452.580Â Â Â Â Disposition
of moneys collected or received by department
452.590Â Â Â Â Injunction
proceedings; jurisdiction; suits and actions by department
TANSY RAGWORT CONTROL
452.610Â Â Â Â Definitions
for ORS 452.610 to 452.630
452.615Â Â Â Â Policy;
tansy ragwort as nuisance
452.620Â Â Â Â Authority
of department; rules
452.625Â Â Â Â Authority
of
452.630Â Â Â Â Cooperation
with department; court suit
PENALTIES
452.990Â Â Â Â Penalties
DEFINITIONS
     452.010
Definitions for ORS 452.010 and 452.020 to 452.300. As used in this section and ORS 452.020 to
452.300, unless the context requires otherwise:
     (1) “County court” includes board of
county commissioners.
     (2) “District” means a vector control
district established for the prevention, control or eradication of public
health vectors and predatory animals.
     (3) “Health officer” means the health
officer appointed under ORS 431.418.
     (4) “Integrated pest management methods”
means the processes described in ORS 634.650 (1).
     (5) “Pesticide use plan” means an annual
plan created by a vector control district or a county court that describes
anticipated pesticide use.
     (6) “Predatory animals” has the meaning
given that term in ORS 610.002.
     (7) “Public health vectors” means
arthropods and vertebrates of public health significance and those insects
included within the family Chironomidae of the order Diptera. The term does not
include any domesticated animal.
     (8) “Vector habitat” means any area where
public health vectors are found. [Amended by 1959 c.600 §1; 1961 c.610 §17;
1981 c.640 §8; 1987 c.298 §1; 2007 c.258 §1]
VECTOR
CONTROL DISTRICTS
     452.020
Formation of district. One
or more districts may be formed in any county. The entire county may be
included within a district or any portion of the entire county may be included.
The district may include all or part of any incorporated cities in the county. [Amended
by 1959 c.600 §2]
     452.030 [Repealed by 1971 c.727 §203]
     452.040 [Repealed by 1971 c.727 §203]
     452.050 [Amended by 1959 c.600 §3; repealed by 1971
c.727 §203]
     452.060 [Repealed by 1959 c.600 §4]
     452.061 [1959 c.600 §3a; repealed by 1971 c.727 §191]
     452.070
Substantial compliance suffices. No defect in the contents of the petition or notice or proceedings
shall vitiate the validity of the proceedings, if the petition contains a
sufficient number of qualified signatures and describes the territory proposed
as a district with reasonable certainty and the published notice describes the
territory and states the date and place of the hearing.
     452.075 [1963 c.255 §2; repealed by 1971 c.727 §203]
     452.080
Board of trustees; district name change. (1) After an order is entered forming a district, the county court of
the county in which the district is situated shall forthwith appoint a
governing board of five trustees each of whom shall be a resident and elector
of the district.
     (2) The trustees shall hold office for
four years and until their successors are appointed and qualified, except that
for each new board of five trustees one member shall be appointed for a term of
one year, one for a term of two years, one for a term of three years and two
for a term of four years.
     (3) Each trustee shall take an oath to
faithfully perform the duties of office. The oath shall be filed with the
county clerk.
     (4) The board of trustees shall elect a
president, a secretary and a treasurer at the first meeting of each calendar
year. Officers shall serve for one calendar year.
     (5) All health officers with offices in
the district shall be ex officio members of the board without vote and shall be
offered the opportunity to assist in the creation of district plans.
     (6) The board of trustees may compensate a
trustee in an amount not exceeding $100 per year for attendance at conferences
that provide training and education to carry out trustee duties under ORS
452.110.
     (7) The board of trustees may adopt a
resolution to change the name of the district. The board shall file a copy of a
resolution changing the name of the district with the Secretary of State and
the county clerk within 10 days after adopting the resolution. Following a name
change, the district name must contain the words:
     (a) Vector control district;
     (b) Mosquito and vector control district;
     (c) Mosquito control district; or
     (d) Vector and predatory animal control
district. [Amended by 1959 c.600 §5; 1967 c.215 §1; 1969 c.345 §10; 1971 c.403 §8;
1971 c.727 §136; 2007 c.258 §2]
     452.090
Filling vacancies; removal.
(1) A vacancy in an office of district trustee shall be filled by appointment
by the county court. The appointee shall serve the balance of the unexpired
term.
     (2) The county court may remove any
district trustee from office for cause. [Amended by 1969 c.669 §11]
     452.100
Meetings of board. (1) The
board of trustees shall provide for the time and place of holding and the
manner of calling its meetings, and may establish rules for the proceedings.
     (2) All sessions of the board shall be
held within the district.
     (3) In all cases a majority of the
appointed members of the board shall constitute a quorum for the transaction of
business. At any meeting the decision of a majority of the trustees present and
voting shall be valid as a corporate act.
     452.110
Powers of the board; contracts.
The board of trustees of a control district may:
     (1) Take all necessary and proper steps
and measures for the prevention, control or eradication of public health vectors
and vector habitats within the district and for the control of predatory
animals within the district, using integrated pest management methods. Prior to
taking such measures the board shall consider technical information available
to it for the purpose of determining the need for control measures and the need
for specific actions.
     (2) Enter upon any land, public or
private, within the district at any reasonable time to inspect for or to
prevent, control or eradicate public health vectors and vector habitats using
integrated pest management methods.
     (3) Purchase all needed equipment,
supplies and materials.
     (4) Employ such labor and service as may
be proper or necessary in the furtherance of the objects of ORS 452.020 to
452.170.
     (5) Employ labor and services and fix the
compensation and prescribe the duties of all employees, agents and servants.
     (6) Acquire by gift or purchase, hold,
manage and dispose of real and personal property in the name of the district in
the furtherance of the purposes for which the district is established.
     (7) Work cooperatively with irrigation and
drainage districts, municipal corporations or other public agencies, and use
the technical expertise of the district to assist those agencies in the
construction, improvement, repair and maintenance of ditches when such work is
necessary for, or incident to, the prevention, control and eradication of
predatory animals or public health vectors.
     (8) Enter into a contract with a city,
county, district described in ORS 198.010 or person to perform, or to act
jointly or in cooperation with the city, county, district or person in
performing, any abatement practice or other activity that the vector control
district is authorized to perform for the eradication, control and prevention of
public health vectors and vector habitats or predatory animals.
     (9) Generally do all things necessary or
incident to the powers granted and to carry out the objectives specified in
this section. [Amended by 1959 c.600 §6; 1981 c.640 §1; 1983 c.207 §1; 1987
c.298 §2; 2007 c.258 §3]
     452.120
Duties of county court. The
county court shall:
     (1) Call special meetings of the board of
the district for the purposes of investigation and supervision of its affairs.
At least one meeting shall be called annually for the purpose of reviewing the
activities of the district.
     (2) Hold hearings of complaints of other
interested persons.
     (3) Require the board to furnish by
February 1 of each year a proposed annual work program which shall include an
estimate of funds required for the next year and a description of the work
contemplated and the methods to be employed by the district.
     (4) Approve, after consultation with the
health officers, the annual work program of the district before any work
contracts or operations are entered into by the board.
     (5) Require the board to furnish by
February 1 of each year an annual report covering moneys expended, methods
employed and work accomplished during the past fiscal year. [Amended by 1959
c.600 §7; 1981 c.640 §9]
     452.130
Payment for cost of vector control; exception. All work performed under ORS 452.110 shall
be paid for by the control district, except when a contract authorized under
ORS 452.110 (8) provides otherwise. [Amended by 1983 c.207 §2; 2007 c.258 §4]
     452.140
Pesticide use; consent of State Fish and Wildlife Commission. The board of trustees of a district:
     (1) May not apply pesticides to waters in
the district that are frequented by waterfowl or that contain any game fish
without obtaining annual approval of the State Fish and Wildlife Commission.
     (2) May not apply pesticides for public
health vectors without first obtaining approval of the State Fish and Wildlife
Commission. [Amended by 1959 c.600 §8; 1981 c.640 §2; 2007 c.258 §5]
     452.145
Limitation on predatory animal control. Notwithstanding ORS 452.110:
     (1) A vector control district shall not
exercise the authority granted by ORS 452.110 relating to the control or
eradication of predatory animals unless the electors of the district approve a
proposition referred to them by the district board that authorizes the district
to assume the function of predatory animal control and eradication.
     (2) When authorized to assume the function
of predatory animal control and eradication by the electors of the district, a
vector control district shall conduct its activities for the control and
eradication of predatory animals in accordance with the provisions of ORS
chapter 610.
     (3) Officers and employees of a vector
control district shall not enter upon any private land to inspect for or to
control predatory animals unless the owner of the land first grants permission
for such entry. [1987 c.298 §4]
     452.150 [Repealed by 1959 c.600 §9 (452.151 enacted
in lieu of 452.150)]
     452.151
Technical advice. The board
may request technical advice and information from the Oregon State University
Agricultural Experiment Station and the Department of Human Services regarding
methods and chemicals to be used in the control and extermination of rats and
public health vectors. [1959 c.600 §10 (enacted in lieu of 452.150); 1981 c.640
§3; 2001 c.104 §189]
     452.153
Budget; taxing authority; rate limitation. (1) The board of trustees of any district, annually as provided in
this section, may levy a tax on all the property in the district to provide
moneys for all purposes required under ORS 452.020 to 452.170 during the next
succeeding fiscal year. However, the taxes levied under this section may not
exceed two-tenths of one percent (0.002) of the real market value of all
taxable property within the district, computed in accordance with ORS 308.207.
     (2) Each year, immediately after necessary
records are made, the county assessor of the county in which the district is
situated shall transmit to the board of trustees a statement in writing, showing
the total value of all property within the district as ascertained for that
year from the assessment rolls of the county.
     (3) The board of trustees shall prepare a
budget in the form, manner and time prescribed in the Local Budget Law and in
accordance therewith fix the amount of money to be raised by taxation for
carrying out its functions and activities. In the manner and time prescribed by
law, the board shall transmit to the county assessor a statement of taxes that
are to be collected. Assessment and collection of taxes levied on property
within the district shall be made by the county officers charged with
assessment and collection of other property taxes in the county in which the
district is situated. [1965 c.609 §2; 1967 c.205 §1; 1973 c.256 §1; 1981 c.640 §10;
1991 c.459 §407]
     452.157
Collection of levy under ORS 452.153; deposit; disbursement; levy as lien. (1) Taxes levied under ORS 452.153 shall be
collected at the same time and in the same manner as county taxes are collected
and, when collected, shall be paid to the county treasurer and deposited, at
the discretion of the board, either with the county treasurer of the county in
accordance with subsection (3) of this section or in one or more banks or
savings and loan associations designated by the board. Funds deposited in a
bank or savings and loan association shall be withdrawn or paid out only upon
proper order and warrant or check signed by the treasurer of the board and
countersigned by the president of the board.
     (2) Taxes levied under ORS 452.153 shall
be a lien upon the property against which they are levied and shall be of the
same force and effect as other liens for taxes. Their collection shall be
enforced by the same means as provided for the enforcement of liens for county
property taxes.
     (3) District funds deposited with the
county treasurer shall be deposited in a separate fund to the credit of the
district. The county treasurer shall disburse the moneys upon the warrant of
the district signed by the president of the board and countersigned by the
treasurer of the board.
     (4) The board may by resolution designate
a treasurer pro tempore or a president pro tempore who may sign warrants or
checks on behalf of the treasurer of the board and president of the board
respectively. [1965 c.609 §3; 1981 c.640 §11]
     452.158
Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §36]
     Note: 452.158 was added to and made a part of
452.020 to 452.300 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     452.160
Budget estimates; rate limitation; levy; deposit and disbursement; levy as
supplement to levy under ORS 452.153. (1) In addition to or in lieu of the tax levy provided for by ORS
452.153, the board of trustees of any district may, at the times and in the
manner provided by law for public corporations, furnish to the county court and
county accountant an estimate and statement, made pursuant to the budget laws
of the state, of the amount of money necessary for all purposes required under
ORS 452.020 to 452.170 during the next ensuing fiscal year. The county court
may include the amount of the estimate so made, or any portion thereof, in the
annual budget of the county. However, in no one year shall the amount be
greater than enough to raise the amount determined by the board of trustees and
approved by the county court and the health officers on the board. The amount
budgeted, when added to any taxes levied under ORS 452.153, shall not exceed
two-tenths of one percent (0.002) of the real market value of all taxable
property within the district, computed in accordance with ORS 308.207.
     (2) The county court, thereafter at the
time and in the manner of levying taxes for state and county purposes, may levy
a tax on all the taxable property in the district sufficient to raise the
amount of the estimate made by the board of trustees of the district.
     (3) All taxes levied under this section
shall be computed and entered on the assessment and tax rolls of the county and
collected at the same time and in the same manner as state and county taxes.
When collected, the taxes shall be paid into the county treasury for the use of
the district. Such funds may be withdrawn only upon warrants issued by the
proper authorities of the district. [Amended by 1959 c.600 §11; 1963 c.9 §28;
1965 c.609 §5; 1981 c.640 §12; 1983 c.310 §20; 1991 c.459 §408]
     452.170
Deposit and disbursement of moneys collected. All money received from taxes collected for the use of any control
district under ORS 452.160 shall be paid to the county treasurer of the county
in which the district is situated. The county treasurer shall keep the moneys
in a separate fund to the credit of the district and disburse them upon the
warrant of the district signed by the president of the board, and countersigned
by the treasurer of the board. [Amended by 1959 c.600 §12; 1965 c.609 §6; 1981
c.640 §13]
     452.180 [1963 c.255 §3; repealed by 1971 c.727 §203]
CONTROL OF
VECTORS
(By Counties)
     452.210
County contracts with cities, vector control districts or other counties on
vector control. Any county
court may contract with any incorporated city, any vector control district, or
with the county court of any other county on any matter incident to the
eradication, prevention and control of public health vectors and vector
habitats using integrated pest management methods and for the supervision of
such work by county employees. [Amended by 1959 c.600 §13; 2007 c.258 §6]
     452.220 [Amended by 1959 c.600 §14; repealed by 1983
c.537 §7]
     452.230
Rights under contract. The
officers and agents of such other county, vector control district or
municipality acting by authority of such contract shall have the same right of
entry, inspection and treatment as the agents and employees of the county
seeking to control the public health vectors. [Amended by 1959 c.600 §15]
     452.240
Powers of county regarding vector control. Any county court may:
     (1) Take all necessary or proper steps and
measures for the prevention, control or eradication of public health vectors
using integrated pest management methods.
     (2) Abate as nuisances all vector
habitats.
     (3) Purchase such supplies and materials
and employ or contract for such labor as may be necessary or proper in
furtherance of prevention, control or eradication.
     (4) Fix the compensation and prescribe the
duties of all employees, agents and servants.
     (5) Enter upon all places within the
county and adjacent thereto for the purpose of carrying out this section.
     (6) Cut or remove such shrubbery or
undergrowth as is necessary or proper in order to carry out this section.
     (7) Treat, using integrated pest
management methods places where public health vectors are found or are likely
to exist.
     (8) Generally do any and all things
necessary or incident to the powers granted in ORS 452.230 to 452.250 and to
carry out the objectives specified in this section. [Amended by 1959 c.600 §16;
1981 c.640 §14; 2007 c.71 §138; 2007 c.258 §7]
     452.245
Pesticide use; consent of State Fish and Wildlife Commission. In exercising its powers under ORS 452.210
to 452.250, a county court:
     (1) May not order the application of
pesticides to waters in the county that are frequented by waterfowl or that
contain any game fish without obtaining annual approval of the State Fish and
Wildlife Commission.
     (2) May not order the application of
pesticides for public health vectors without first obtaining the approval of
the State Fish and Wildlife Commission. [1981 c.640 §5; 2007 c.258 §10]
     452.250
Interference prohibited. No
person shall knowingly or willfully hinder or interfere with or prevent the
exercise of any powers conferred under ORS 452.230 to 452.250 or do or perform
any act or thing which will destroy or impair the efficiency of any device or
means used for the control or extermination of public health vectors or their
larvae. [Amended by 1959 c.600 §17]
(By State)
     452.300
Department of Human Services vector control program. (1) The Department of Human Services shall
maintain a program of public health vector control, which program shall
include, but not be limited to:
     (a) Monitoring and investigating public
health vectors, vector habitats and vector-borne diseases.
     (b) Providing technical assistance and
information to vector control districts, local vector control programs and the
public.
     (c) Maintaining training programs for
vector control district personnel and other public health personnel.
     (d) Coordinating and assisting vector
control district programs and other local programs in research projects.
     (e) Reviewing vector control program
pesticide use plans submitted by agencies that intend to use pesticides for
vector control. Agencies must obtain department approval of their annual
pesticide use plan prior to pesticide applications.
     (2) The department may provide an amount
not to exceed $5,000 per year in matching funds to a district for a program to
allow the district to carry out disease surveillance in cooperation with public
health personnel. [1981 c.640 §7; 2007 c.258 §8]
     452.310 [1953 c.666 §2; repealed by 1957 c.450 §13]
     452.320 [1953 c.666 §1; repealed by 1957 c.450 §13]
     452.330 [1953 c.666 §3; repealed by 1957 c.450 §13]
     452.340 [1953 c.666 §5; repealed by 1957 c.450 §13]
     452.350 [1953 c.666 §6; repealed by 1957 c.450 §13]
     452.360 [1953 c.666 §7; repealed by 1957 c.450 §13]
     452.370 [1953 c.666 §8; repealed by 1957 c.450 §13]
     452.380 [1953 c.666 §9; repealed by 1957 c.450 §13]
     452.390 [1953 c.666 §10; repealed by 1957 c.450 §13]
     452.400 [1953 c.666 §11; repealed by 1957 c.450 §13]
     452.410 [1953 c.666 §12; repealed by 1957 c.450 §13]
     452.420 [1953 c.666 §4; repealed by 1957 c.450 §13]
RAGWEED
CONTROL
     452.510
Definitions for ORS 452.510 to 452.590. As used in ORS 452.510 to 452.590:
     (1) “Department” means the State
Department of Agriculture or any of its authorized representatives.
     (2) “Ragweed” means the plants listed in
ORS 452.520 (1) and (2).
     (3) “Ragweed control area” includes the
counties of Benton, Clackamas, Clatsop, Columbia, Coos, Curry, Douglas, Hood
River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Multnomah, Polk,
Tillamook, Washington and Yamhill. [1957 c.450 §1; 1965 c.426 §1; 2001 c.104 §190]
     452.520
Ragweed plants declared public nuisances. In the exercise of the police power of the State of Oregon for the
purpose of protecting the health and welfare of the people of this state, from
the injurious consequences of ragweed pollen, and to prevent the further spread
of ragweed from menacing the health and welfare of the people in certain areas
of this state, the following plants are declared to be a public nuisance, and
shall be detected, controlled and destroyed in the ragweed control area:
     (1) Common ragweed (Ambrosia artemisifolia
L.).
     (2) Giant ragweed (Ambrosia trifida L.). [1957
c.450 §2]
     452.530
Administration and enforcement; dissemination of information. (1) Notwithstanding any other provisions of
law the department shall administer and enforce the provisions of ORS 452.510
to 452.590.
     (2) The department may make all rules and
regulations for the administration of ORS 452.510 to 452.590, and provide the
necessary forms to carry those sections into effect. This includes the
authority necessary to promulgate regulations affecting persons and property
before, during or after the department has detected, controlled or destroyed
ragweed and to prevent the spreading or regrowth of the weed.
     (3) The department may cooperate with
federal agencies, the
     452.540
Access to land within control area; interference with department prohibited. (1) Any authorized officer, employee or
inspector of the department in carrying out the provisions of ORS 452.510 to
452.590, shall have access to the land within the ragweed control area.
     (2) No person shall interfere in any way
with any officer or employee charged with the enforcement of the provisions of
ORS 452.510 to 452.590, while the department is engaged in the performance of
its duties. [1957 c.450 §8]
     452.550
Action by department in detecting, controlling and destroying ragweed. The department shall detect, control and
destroy ragweed in the ragweed control area and as otherwise provided for in
ORS 452.510 to 452.590, and may:
     (1) Use herbicides or any other process,
procedure or operation.
     (2) Purchase and use equipment and
materials.
     (3) Employ additional necessary personnel.
     (4) Enter into a written contract with any
person whereby the person will detect, control or destroy ragweed. The department
is authorized to pay for services, materials or labor as provided in the
contract.
     (5) Enter into a written contract with any
public body including but not limited to federal or state agencies, county
courts, board of county commissioners or municipalities, whereby they will
detect, control and destroy ragweed on property other than that owned by them.
The department is authorized to pay for services, materials and labor as
provided for in such contract. If the contractor or other party is a public
body then its officers and employees, subject to approval by the department,
shall have the same authority, concurrent with but not superseding the
authority of the department, in carrying out the terms of the contract and
where the terms are not inconsistent with the provisions of ORS 452.510 to
452.590.
     (6) Require a contractor or person to
furnish a bond, irrevocable letter of credit issued by an insured institution
as defined in ORS 706.008 or liability policy for the protection of persons or
property that could be subjected to damages as a result of the operations or
work performed under the contract. Nothing in ORS 452.510 to 452.590 shall be
construed as a waiver by the State of
     452.560
Destruction and control of ragweed on lands owned by public bodies; failure to
act; remedy. (1) Within the
ragweed control area, all public bodies including but not limited to federal
and state agencies, board of county commissioners or county courts,
municipalities, school districts, water districts, irrigation districts,
reclamation districts or drainage districts shall destroy and control ragweed
at their own expense, under the supervision of, and in accordance with the
methods prescribed by the department, on any land owned by them or constituting
the right of way for any highway, county road, drainage or irrigation ditch,
park, easement or other public right in property under their respective
jurisdiction.
     (2) Upon the failure or refusal of any
person, agency, public body or municipality named in subsection (1) of this
section, to control and destroy ragweed, the department may give written notice
by certified or registered mail at the last-known address as shown on the tax
roll of the county assessor. The notice shall advise as to the presence of
ragweed, shall direct that the person, agency, public body or municipality
control or destroy the ragweed in accordance with method prescribed by the
department, and designate the time within which control and destruction shall
be completed, which time shall be reasonable, considering weather and crop
conditions, with a minimum period of 15 days after mailing of notice.
     (3) If a person, agency, public body or
municipality named in subsection (1) of this section fails or refuses to
control or destroy the ragweed as directed in the notice, the department may,
by its own personnel or by other procedures authorized by ORS 452.510 to
452.590, enter upon the land and control and destroy the ragweed. The
department may maintain a suit in the circuit court of the county or counties
in which the work was performed against the person, public body, agency or
municipality for recovery of the reasonable worth of the services, labor and
materials furnished. The Attorney General or the district attorney shall
represent the department in such action. [1957 c.450 §6]
     452.570
Detection, control and destruction of ragweed outside control area. The department may, in its discretion,
detect, control and destroy ragweed and carry out the provisions of ORS 452.510
to 452.590 on any land located outside of the ragweed control area, in
     452.580
Disposition of moneys collected or received by department. All charges, fees, costs or other moneys
collected or received by the department, resulting from the operation or
enforcement of ORS 452.510 to 452.590, shall be paid to the State Treasurer, to
be deposited in the General Fund to the credit of the Department of Agriculture
Account. All sums so received are continuously appropriated to the department
for use in the administration of ORS 452.510 to 452.590. [1957 c.450 §10]
     452.590
Injunction proceedings; jurisdiction; suits and actions by department. The circuit court is vested with jurisdiction
to restrain any violations, or threatened violations, or to issue any order
necessary for the department in carrying out the provisions of ORS 452.510 to
452.590, upon suit or action by the department. In any such suit or action, the
district attorney of the county where such action is instituted, or the
Attorney General shall represent the department. [1957 c.450 §11]
TANSY RAGWORT
CONTROL
     452.610
Definitions for ORS 452.610 to 452.630. As used in ORS 452.610 to 452.630 and 452.990 (2), unless the context
requires otherwise:
     (1) “Department” means the State
Department of Agriculture.
     (2) “Person” means any individual,
partnership, association, corporation, the federal government, or any of its
agencies, the State of Oregon, or any of its agencies, or any city, county,
district or municipal corporation of this state. [1975 c.555 §2]
     452.615
Policy; tansy ragwort as nuisance. In recognition of the imminent and continuous menace to livestock,
wildlife, land and agricultural products of this state, and in recognition of
the widespread infestations and potential infestations of tansy ragwort
throughout this state, and in exercise of the police power of this state for
the protection of the health and welfare of the people of this state, tansy ragwort
(Senecio jacobaea) is declared to be a public nuisance and shall be detected,
controlled and, where feasible, eradicated on all lands in this state, and in
further recognition that known, effective and practical control or eradication
measures are presently unavailable and that suppression of this public nuisance
is dependent upon determining such measures, the State Department of
Agriculture shall undertake studies, investigations and research for the
development of control or eradication methods. It is declared to be the policy
of this state that priority shall be given first to the prevention of new
infestations of tansy ragwort and then to the control and eradication of tansy
ragwort in infested areas. [1975 c.555 §3]
     452.620
Authority of department; rules.
The State Department of Agriculture shall administer and enforce the provisions
of ORS 452.610 to 452.630 and 452.990 (2), and in furtherance thereof is
authorized:
     (1) In accordance with the applicable
provisions of ORS chapter 183, to adopt rules to carry out the provisions of
ORS 452.610 to 452.630 and 452.990 (2). In making such rules the department
shall consider:
     (a) The existence, availability and
practicality of chemical, biological or other means for the control or
eradication of tansy ragwort, and the effectiveness thereof;
     (b) The effect on the immediate
environment of the use of such chemical, biological or other means for control
or eradication; and
     (c) The overall benefit to be derived
compared to the costs to be incurred.
     (2) To cooperate with
     (3) To collect, publish, disseminate and
furnish information, statistics and advice concerning the research, experimentation,
control and eradication of tansy ragwort and the land management and cultural
practices recommended for such control and eradication.
     (4) Notwithstanding any provisions of ORS
279.835 to 279.855 and 561.240 and ORS chapters 279A, 279B and 279C to the
contrary, to enter into contracts with Oregon State University or any other
person for the purpose of research, experimentation, control or eradication of
tansy ragwort, to receive and expend funds pursuant to such contracts and to
employ or authorize personnel to act on behalf of the department.
     (5) To rear, propagate and release
biological control agents, including insects or disease organisms, and to
construct, purchase, maintain and operate facilities and equipment for such
purpose.
     (6) To control, or direct control of,
predators and diseases of biological control agents, and to limit or prohibit
the movement or use of pesticides or other agriculture chemicals which
reasonably could damage or injure such biological control agents.
     (7) To purchase, use and apply chemical
control agents, including pesticides, and to purchase, maintain and operate any
application equipment for such purpose.
     (8) To regulate, restrict or prohibit the
movement or sale of hay, seed, other agricultural crops or residues thereof,
which are found to contain tansy ragwort or seeds thereof.
     (9) To limit or prohibit the collection or
taking of any biological control agents from public or private lands within
this state.
     (10) To develop appropriate measures for
the control or eradication of tansy ragwort on any lands in this state.
     (11) To have access to all lands within
this state to carry out the provisions of ORS 452.610 to 452.630 and 452.990
(2), including survey, control and eradication activities and the establishment
of quarantines in accordance with ORS 561.510 to 561.600.
     (12) To request any person owning or
controlling land within this state to control, prevent the spread of, or, when
feasible, eradicate tansy ragwort, and to supervise such activities.
     (13) To the extent funds are available for
such purpose, to employ or use personnel of other agencies of this state,
including but not limited to persons acting under work-release, rehabilitation
or youth programs or persons employed and paid from federal funds received
under the Emergency Job and Unemployment Assistance Act of 1974 (Public Law
93-567) or any other federal or state program intended primarily to alleviate
unemployment or to advance research.
     (14) To establish advisory committees to
assist the department in carrying out the provisions of ORS 452.610 to 452.630
and 452.990 (2). [1975 c.555 §4; 1985 c.565 §73; 2003 c.794 §283]
     452.625
Authority of
     452.630
Cooperation with department; court suit. (1) No person shall fail to cooperate with the State Department of
Agriculture in the administration or enforcement of ORS 452.610 to 452.630 and
452.990 (2), or rules promulgated pursuant thereto, nor otherwise violate any
provision of ORS 452.610 to 452.630 and 452.990 (2).
     (2) In addition to any other remedy
provided by law, the department may bring suit in circuit court to enjoin or
restrain any person from violating any provision of ORS 452.610 to 452.630 and
452.990 (2) or any rule promulgated thereunder. [1975 c.555 §6]
PENALTIES
     452.990
Penalties. (1) Violation of
ORS 452.250 is a Class C misdemeanor.
     (2) Subject to ORS 153.022, failure to
comply with any provision of ORS 452.610 to 452.630 and this subsection or any
rule promulgated pursuant thereto is a Class B violation. [Subsection (2)
enacted as 1975 c.555 §7; 1977 c.582 §49; 1999 c.1051 §184]
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