CHAPTER 317 WEEDS
317.1 DEFINITIONS.
317.1A NOXIOUS WEEDS.
317.2 STATE BOTANIST.
317.3 WEED COMMISSIONER -- STANDARDS FOR NOXIOUS WEED CONTROL.
317.4 DIRECTION AND CONTROL.
317.5 WEEDS IN ABANDONED CEMETERIES.
317.6 ENTERING LAND TO DESTROY WEEDS -- NOTICE.
317.7 REPORT TO BOARD.
317.8 DUTY OF SECRETARY OF AGRICULTURE OR SECRETARY'S DESIGNEE.
317.9 DUTY OF BOARD TO ENFORCE.
317.10 DUTY OF OWNER OR TENANT.
317.11 WEEDS ON ROADS -- HARVESTING OF GRASS.
317.12 WEEDS ON RAILROAD OR PUBLIC LANDS AND GRAVEL PITS.
317.13 PROGRAM OF CONTROL.
317.14 NOTICE OF PROGRAM.
317.15 LOSS OR DAMAGE TO CROPS.
317.16 FAILURE TO COMPLY.
317.17 ADDITIONAL NOXIOUS WEEDS.
317.18 ORDER FOR WEED CONTROL ON ROADS.
317.19 ROAD CLEARING APPROPRIATION.
317.20 EQUIPMENT AND MATERIALS -- USE ON PRIVATE PROPERTY.
317.21 COST OF WEED DESTRUCTION.
317.22 DUTY OF HIGHWAY MAINTENANCE PERSONNEL.
317.23 DUTY OF COUNTY ATTORNEY.
317.24 PUNISHMENT OF OFFICER.
317.25 TEASEL, MULTIFLORA ROSE, AND PURPLE LOOSESTRIFE PROHIBITED -- EXCEPTIONS.
317.26 ALTERNATIVE REMEDIATION PRACTICES.



        

317.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires, "book", "list", "record", or "schedule" kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.

         Section History: Recent Form

         2000 Acts, ch 1148, §1
        

317.1A NOXIOUS WEEDS. The following weeds are hereby declared to be noxious and shall be divided into two classes, namely: 1. Primary noxious weeds, which shall include quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), Canada thistle (Cirsium arvense), bull thistle (Cirsium lanceolatum), European morning glory or field bindweed (Convolvulus arvensis), horse nettle (Solanum carolinense), leafy spurge (Euphorbia esula), perennial pepper-grass (Lepidium draba), Russian knapweed (Centaurea repens), buckthorn (Rhamnus, not to include Rhamnus frangula), and all other species of thistles belonging in genera of Cirsium and Carduus. 2. Secondary noxious weeds, which shall include butterprint (Abutilon theophrasti) annual, cocklebur (Xanthium commune) annual, wild mustard (Brassica arvensis) annual, wild carrot (Daucus carota) biennial, buckhorn (Plantago lanceolata) perennial, sheep sorrel (Rumex acetosella) perennial, sour dock (Rumex crispus) perennial, smooth dock (Rumex altissimus) perennial, poison hemlock (Conium maculatum), multiflora rose (Rosa multiflora), wild sunflower (wild strain of Helianthus annus L.) annual, puncture vine (Tribulus terrestris) annual, teasel (Dipsacus) biennial, and shattercane (Sorghum bicolor) annual. The multiflora rose (Rosa multiflora) shall not be considered a secondary noxious weed when cultivated for or used as understock for cultivated roses or as ornamental shrubs in gardens, or in any county whose board of supervisors has by resolution declared it not to be a noxious weed. Shattercane (Sorghum bicolor) shall not be considered a secondary noxious weed when cultivated or in any county whose board of supervisors has by resolution declared it not to be a noxious weed.

         Section History: Early Form

         [S13, § 1565-b; C24, 27, 31, 35, § 4818; C39, § 4829.01; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 317.1] 

         Section History: Recent Form

         85 Acts, ch 171, §1; 2000 Acts, ch 1154, §20
         C2001, §317.1A
         See also § 199.1
        

317.2 STATE BOTANIST. The secretary of agriculture shall appoint as state botanist the head of the botany and plant pathology section of the Iowa agricultural experiment station whose duty shall be to co-operate in developing a constructive weed eradication program.

         Section History: Early Form

         [C39, § 4829.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 317.2]
        

317.3 WEED COMMISSIONER -- STANDARDS FOR NOXIOUS WEED CONTROL. The board of supervisors of each county may annually appoint a county weed commissioner who may be a person otherwise employed by the county and who passes minimum standards established by the department of agriculture and land stewardship for noxious weed identification and the recognized methods for noxious weed control and elimination. The county weed commissioner's appointment shall be effective as of March 1 and shall continue for a term at the discretion of the board of supervisors unless the commissioner is removed from office as provided for by law. The county weed commissioner may, with the approval of the board of supervisors, require that commercial applicators and their appropriate employees pass the same standards for noxious weed identification as established by the department of agriculture and land stewardship. The name and address of the person appointed as county weed commissioner shall be certified to the county auditor and to the secretary of agriculture within ten days of the appointment. The board of supervisors shall fix the compensation of the county weed commissioner and deputies. In addition to compensation, the commissioner and deputies shall be paid their necessary travel expenses. At the discretion of the board of supervisors, the weed commissioner shall attend a seminar or school conducted or approved by the department of agriculture and land stewardship relating to the identification, control, and elimination of noxious weeds. The board of supervisors shall prescribe the time of year the weed commissioner shall perform the powers and duties of county weed commissioner under this chapter which may be during that time of year when noxious weeds can effectively be killed. Compensation shall be for the period of actual work only although a weed commissioner assigned other duties not related to weed eradication may receive an annual salary. The board of supervisors shall likewise determine whether employment shall be by hour, day or month and the rate of pay for the employment time.

         Section History: Early Form

         [S13, § 1565-c, -d, -f; C24, 27, § 4817; C31, 35, § 4817, 4817-d1;
      C39, § 4829.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 317.3] 

         Section History: Recent Form

         83 Acts, ch 123, § 119, 209; 85 Acts, ch 160, §1; 94 Acts, ch
      1173, §14
         Referred to in § 331.321
        

317.4 DIRECTION AND CONTROL. As used in this chapter, "commissioner" means the county weed commissioner or the commissioner's deputy within each county. Each commissioner, subject to direction and control by the county board of supervisors, shall supervise the control and destruction of all noxious weeds in the county, including those growing within the limits of cities, within the confines of abandoned cemeteries, and along streets and highways unless otherwise provided. A commissioner shall notify the department of public safety of the location of marijuana plants found growing on public or private property. A commissioner may enter upon any land in the county at any time for the performance of the commissioner's duties, and shall hire the labor and equipment necessary subject to the approval of the board of supervisors.

         Section History: Early Form

         [S13, § 1565-c, -d, -f; C24, 27, 31, 35, § 4817; C39, §
      4829.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §
      317.4; 81 Acts, ch 117, § 1047] 

         Section History: Recent Form

         83 Acts, ch 123, § 120, 209; 90 Acts, ch 1179, § 2
        

317.5 WEEDS IN ABANDONED CEMETERIES. The commissioner shall control the weeds growing in abandoned cemeteries in the county as needed. Spraying for control of weeds shall be limited to those circumstances when it is not practical to mow or otherwise control the weeds.

         Section History: Early Form

         [C58, 62, 66, 71, 73, 75, 77, 79, 81, § 317.5] 

         Section History: Recent Form

         89 Acts, ch 246, §7
        

317.6 ENTERING LAND TO DESTROY WEEDS -- NOTICE. If there is a substantial failure by the owner or person in possession or control of any land to comply with any order of destruction pursuant to the provisions of this chapter, the county weed commissioner, including the weed commissioner's deputies, or employees acting under the weed commissioner's direction may enter upon any land within the commissioner's county for the purpose of destroying noxious weeds. The entry may be made without the consent of the landowner or person in possession or control of the land. However, the actual work of destruction shall not be commenced until five days after the landowner and the person in possession or control of the land have been notified. The notice shall state the facts relating to failure of compliance with the county program of weed destruction order or orders made by the board of supervisors. The notice shall be delivered by personal service on the owner and persons in possession and control of the land. The personal service may be served by the weed commissioner or any person designated in writing by the weed commissioner. However, in lieu of personal service, the weed commissioner may provide that the notice be delivered by certified mail. A copy of the notice shall be filed in the office of the county auditor. The last known address of the owner or person in possession or control of the land may be ascertained, if necessary, from the last tax list in the county treasurer's office. Where any person owning land within the county has filed a written instrument in the office of the county auditor designating the name and address of its agent, the notice may be delivered to that agent. In computing time for notice, it shall be from the date of service as evidenced on the return of service. If delivery is made by certified mail, it shall be from the date of mailing.

         Section History: Early Form

         [S13, § 1565-c, -d, -f; C24, § 4817; C27, 31, 35, § 4817, 4823-b1;
      C39, § 4829.05, 4829.06; C46, § 317.5, 317.6; C50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 317.6] 

         Section History: Recent Form

         2005 Acts, ch 39, §1
         Referred to in § 317.16
        

317.7 REPORT TO BOARD. Each weed commissioner shall for the territory under the commissioner's jurisdiction on or before the first day of November of each year make a written report to the board of supervisors. Said report shall state: 1. The name and location of all primary noxious weeds, and any new weed which appears to be a serious pest. 2. A detailed statement of the treatment used, and future plans, for eradication of weeds on each infested tract on which the commissioner has attempted to exterminate weeds, together with the costs and results obtained. 3. A summary of the weed situation within the jurisdiction, together with suggestions and recommendations which may be proper and useful, a copy of which shall be forwarded to the state secretary of agriculture.

         Section History: Early Form

         [S13, § 1565-c, -d, -f; C24, 27, 31, 35, § 4817; C39, §
      4829.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      317.7]
        

317.8 DUTY OF SECRETARY OF AGRICULTURE OR SECRETARY'S DESIGNEE. The secretary of agriculture or the secretary's designee is vested with the following duties, powers and responsibilities: 1. The secretary or the secretary's designee shall serve as state weed commissioner, and shall co-operate with all boards of supervisors and weed commissioners, and shall furnish blank forms for reports made by the supervisors and commissioners. 2. The secretary or the secretary's designee may, upon recommendation of the state botanist, temporarily declare noxious any new weed appearing in the state which possesses the characteristics of a serious pest. 3. The secretary or the secretary's designee shall aid the supervisors in the interpretation of the weed law, and make suggestions to promote extermination of noxious weeds. 4. The secretary or the secretary's designee shall aid the supervisors in enforcement of the weed law as it applies to all state lands, state parks and primary roads, and may impose a maximum penalty of a ten dollar fine for each day, up to ten days, that the state agency in control of land fails to comply with an order for destruction of weeds made pursuant to this chapter.

         Section History: Early Form

         [S13, § 1565-c, -d, -f; C24, 27, 31, 35, § 4817; C39, §
      4829.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      317.8] 

         Section History: Recent Form

         85 Acts, ch 171, §2; 87 Acts, ch 115, §48
        

317.9 DUTY OF BOARD TO ENFORCE. The responsibility for the enforcement of the provisions of this chapter shall be vested in the board of supervisors as to all farm lands, railroad lands, abandoned cemeteries, state lands and state parks, primary and secondary roads; roads, streets and other lands within cities unless otherwise provided.

         Section History: Early Form

         [S13, § 1565-c, -d, -f; C24, 27, 31, 35, § 4817; C39, §
      4829.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      317.9]
        

317.10 DUTY OF OWNER OR TENANT. Each owner and each person in the possession or control of any lands shall cut, burn, or otherwise destroy, in whatever manner may be prescribed by the board of supervisors, all noxious weeds thereon as defined in this chapter at such times in each year and in such manner as shall be prescribed in the program of weed destruction order or orders made by the board of supervisors, and shall keep said lands free from such growth of any other weeds, as shall render the streets or highways adjoining said land unsafe for public travel.

         Section History: Early Form


         [SS15, § 1565-a; C24, 27, 31, 35, § 4819; C39, § 4829.10; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 317.10]
        

317.11 WEEDS ON ROADS -- HARVESTING OF GRASS. The county boards of supervisors and the state department of transportation shall control noxious weeds growing on the roads under their jurisdiction. Spraying for control of noxious weeds shall be limited to those circumstances when it is not practical to mow or otherwise control the noxious weeds. Nothing under this chapter shall prevent the landowner from harvesting, in proper season, the grass grown on the road along the landowner's land except for vegetation maintained for highway purposes as part of an integrated roadside vegetation management plan which is consistent with the objectives in section 314.22.

         Section History: Early Form

         [S13, § 1565-c, -d, -f; SS15, § 1565-a; C24, 27, 31, 35, § 4817,
      4819; C39, § 4829.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,
      79, 81, § 317.11] 

         Section History: Recent Form

         89 Acts, ch 246, §8
        

317.12 WEEDS ON RAILROAD OR PUBLIC LANDS AND GRAVEL PITS. All noxious weeds on railroad lands, public lands and within incorporated cities shall be treated in such manner, approved by the board of supervisors, as shall prevent seed production and either destroy or prevent the spread of noxious weeds to adjoining lands. Gravel pits infested with noxious weeds shall not be used as sources of gravel for public highways without previous treatment approved by board of supervisors.

         Section History: Early Form

         [S13, § 1565-c, -d, -f; SS15, § 1565-a; C24, 27, 31, 35, § 4817,
      4819; C39, § 4829.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,
      79, 81, § 317.12]
        

317.13 PROGRAM OF CONTROL. The board of supervisors of each county may each year, upon recommendation of the county weed commissioner by resolution prescribe and order a program of weed control for purposes of complying with all sections of this chapter. The county board of supervisors of each county may also by adopting an integrated roadside vegetation management plan prescribe and order a program of weed control for purposes of complying with all sections of this chapter. The program for weed control ordered or adopted by the county board of supervisors shall provide that spraying for control of weeds shall be limited to those circumstances when it is not practical to mow or otherwise control the weeds. The program of weed control shall include a program of permits for the burning, mowing, or spraying of roadsides by private individuals. The county board of supervisors shall allow only that burning, mowing, or spraying of roadsides by private individuals that is consistent with the adopted integrated roadside vegetation management plan. This paragraph applies only to those roadside areas of a county which are included in an integrated roadside vegetation management plan.

         Section History: Early Form

         [S13, § 1565-c, -d; C24, 27, 31, 35, § 4821; C39, § 4829.13;
      C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 317.13] 

         Section History: Recent Form

         85 Acts, ch 171, §3; 89 Acts, ch 246, §9; 90 Acts, ch 1267, § 36
         Referred to in § 317.14
        

317.14 NOTICE OF PROGRAM. Notice of any order made pursuant to section 317.13 shall be given by one publication in the official newspapers of the county and shall be directed to all property owners. Said notice shall state: 1. The time for destruction. 2. The manner of destruction, if other than cutting above the surface of the ground. 3. That unless said order is complied with the weed commissioner shall cause said weeds to be destroyed and the cost thereof will be taxed against the real estate on which the noxious weeds are destroyed.

         Section History: Early Form

         [S13, § 1565-c, -d; C24, 27, 31, 35, § 4822; C39, § 4829.14;
      C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 317.14]
        

317.15 LOSS OR DAMAGE TO CROPS. The loss or damage to crops or property incurred by reason of such destruction shall be borne by the titleholder of said real estate, unless said real estate shall be sold under contract whereby possession has been delivered to the purchaser, in which event such purchaser shall bear such loss or damage, excepting where a contract has been entered into providing a different adjustment for such loss or damage.

         Section History: Early Form

         [S13, § 1565-c, -d; C24, 27, 31, 35, § 4822; C39, § 4829.15;
      C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 317.15]
        

317.16 FAILURE TO COMPLY. 1. In case of a substantial failure to comply by the date prescribed in any order of destruction of weeds made pursuant to this chapter, the weed commissioner may do any of the following: a. Enter upon the land as provided in section 317.6 and provide for the destruction of the weeds as provided in section 317.6. b. Impose a maximum penalty of a ten dollar fine for each day, up to ten days, that the owner or person in possession or control of the land fails to comply. If a penalty is imposed and the owner or person in possession or control of the land fails to comply, the weed commissioner shall cause the weeds to be destroyed. 2. If the weed commissioner enters the land and causes the weeds to be destroyed, the actual cost and expense of cutting, burning, or otherwise destroying the weeds, along with the cost of providing notice and special meetings or proceedings, if any, shall be paid by the county and, together with the additional assessment to apply toward costs of supervision and administration, be recovered by an assessment against the tract of real estate on which the weeds were growing, as provided in section 317.21. Any fine imposed under this section shall be recovered by a similar assessment.

         Section History: Early Form

         [S13, § 1565-c, -d; C24, 27, 31, 35, § 4823; C39, § 4829.16;
      C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 317.16] 

         Section History: Recent Form

         83 Acts, ch 123, § 121, 209; 85 Acts, ch 171, §4; 2005 Acts, ch
      39, §2
         Referred to in § 317.21
        

317.17 ADDITIONAL NOXIOUS WEEDS. The board of supervisors shall order the weed commissioner, or commissioners, to destroy or cause to be destroyed any new weeds declared to be noxious by the secretary of agriculture, the cost of which shall be borne by the county.

         Section History: Early Form

         [C39, § 4829.17; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 317.17]
        

317.18 ORDER FOR WEED CONTROL ON ROADS. The board of supervisors may order all noxious weeds, within the right-of-way of all roads under county jurisdiction to be cut, burned, or otherwise controlled to prevent seed production, either upon its own motion or upon receipt of written notice requesting the action from any residents of the township in which the roads are located, or any person regularly using the roads. The order shall be consistent with the county integrated roadside vegetation management plan, if the county has adopted such a plan, and the order shall define the roads along which noxious weeds are required to be cut, burned, or otherwise controlled and shall require the weeds to be cut, burned, or otherwise controlled within fifteen days after the publication of the order in the official newspapers of the county or as prescribed in the county's integrated roadside vegetation management plan. The order shall provide that spraying for control of noxious weeds shall be limited to those circumstances when it is not practical to mow or otherwise control the weeds.

         Section History: Early Form

         [C39, § 4829.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 317.18] 

         Section History: Recent Form

         83 Acts, ch 123, § 122, 209; 85 Acts, ch 171, §5; 89 Acts, ch 246,
      §10; 98 Acts, ch 1075, §14
        

317.19 ROAD CLEARING APPROPRIATION. The board of supervisors may appropriate moneys to be used for the purposes of cutting, burning, or otherwise controlling weeds or brush within the right-of-way of roads under county jurisdiction in time to prevent reseeding or in a manner consistent with the county's roadside vegetation management plan, if the county has adopted such a plan. The moneys appropriated shall not be spent on spraying for control of weeds except in those circumstances when it is not practical to mow or otherwise control the weeds. The board of supervisors may purchase or hire necessary equipment or contract with the adjoining landowner to carry out this section.

         Section History: Recent Form

         83 Acts, ch 123, § 123, 209; 84 Acts, ch 1219, § 20; 85 Acts, ch
      171, §6; 89 Acts, ch 246, §11; 98 Acts, ch 1075, §15
        

317.20 EQUIPMENT AND MATERIALS -- USE ON PRIVATE PROPERTY. The board of supervisors may appropriate moneys for the purpose of purchasing weed eradicating equipment and materials to carry out the duties of the commissioner for use on all lands in the county, public or private, and for the payment of the necessary expenses and compensation of the commissioner, and the commissioner's deputies, if any. When equipment or materials so purchased are used on private property within the corporate limits of cities by the commissioner, the cost of materials used and an amount to be fixed by the board of supervisors for the use of the equipment shall be returned by the county treasurer upon the collection of the special assessment taxed against the property. In the certification to the county treasurer by the county auditor this apportionment shall be designated along with the special tax assessed under section 317.21. The equipment and its use are subject to the authorization and direction of the county board of supervisors.

         Section History: Recent Form

         83 Acts, ch 123, § 124, 209
         Referred to in § 331.559
        

317.21 COST OF WEED DESTRUCTION. When the commissioner destroys any weeds under the authority of section 317.16, after failure of the landowner responsible to destroy such weeds pursuant to the order of the board of supervisors, the cost of the destruction shall be assessed against the land and collected from the landowner responsible in the following manner: 1. Annually, after the weed commissioner has completed the program of destruction of weeds by reason of noncompliance by persons responsible for the destruction, the board of supervisors shall determine as to each tract of real estate the actual cost of labor and materials used by the commissioner in cutting, burning, or otherwise destroying the weeds, the cost of serving notice, and of special meetings or proceedings, if any. To the total of all sums expended, the board shall add an amount equal to twenty-five percent of that total to compensate for the cost of supervision and administration and assess the resulting sum against the tract of real estate by a special tax, which shall be certified to the county auditor and county treasurer by the clerk of the board of supervisors, and shall be placed upon the tax books, and collected, with interest after delinquent, in the same manner as other unpaid taxes. The tax shall be due on March 1 after assessment, and shall be delinquent from April 1 after due. However, when the last day of March is a Saturday or Sunday, such amount shall be delinquent from the second business day of April. When collected, the moneys shall be paid into the fund from which the costs were originally paid. 2. Before making any such assessment, the board of supervisors shall prepare a plat or schedule showing the several lots, tracts of land or parcels of ground to be assessed which shall be in accord with the assessor's records and the amount proposed to be assessed against each of the same for destroying or controlling weeds during the fiscal year. 3. Such board shall thereupon fix a time for the hearing on such proposed assessments, which time shall not be later than December 15 of the year, and at least twenty days prior to the time thus fixed for such hearing shall give notice thereof to all concerned that such plat or schedule is on file, and that the amounts as shown therein will be assessed against the several lots, tracts of land or parcels of ground described in said plat or schedule at the time fixed for such hearing, unless objection is made thereto. Notice of such hearing shall be given by one publication in official county newspapers in the county in which the property to be assessed is situated; or by posting a copy of such notice on the premises affected and by mailing a copy by certified mail to the last known address of the person owning or controlling said premises. At such time and place the owner of said premises or anyone liable to pay such assessment, may appear with the same rights given by law before boards of review, in reference to assessments for general taxation.

         Section History: Early Form

         [S13, § 1565-c, -d; C24, 27, § 4824, 4825; C31, 35, § 4824, 4825,
      4825-c1, -c2; C39, § 4829.19; C46, § 317.20; C50, 54, 58, 62, 66,
      71, 73, 75, 77, 79, 81, § 317.21] 

         Section History: Recent Form

         85 Acts, ch 171, § 7; 92 Acts, ch 1016, § 4; 98 Acts, ch 1107, §7;
      2005 Acts, ch 34, §2, 26
         Referred to in § 317.16, 317.20, 331.502, 331.559
        

317.22 DUTY OF HIGHWAY MAINTENANCE PERSONNEL. All officers directly responsible for the care of public highways shall make a complaint to the weed commissioners or board of supervisors, if it appears that the provisions of this chapter may not be complied with in time to prevent the blooming and maturity of noxious weeds or the unlawful growth of weeds or marijuana, whether in the streets or highways for which they are responsible or upon lands adjacent to the same.

         Section History: Early Form

         [S13, § 1565-c, -e; C24, 27, 31, 35, § 4826; C39, § 4829.20;
      C46, § 317.21; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 317.22]
      

         Section History: Recent Form

         90 Acts, ch 1179, §3
        

317.23 DUTY OF COUNTY ATTORNEY. It shall be the duty of the county attorney upon complaint of any citizen that any officer charged with the enforcement of the provisions of this chapter has neglected or failed to perform the officer's duty, to enforce the performance of such duty.

         Section History: Early Form

         [C24, 27, 31, 35, § 4828; C39, § 4829.21; C46, § 317.22; C50,
      54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 317.23]
         Referred to in § 331.756(56)
        

317.24 PUNISHMENT OF OFFICER. Any officer referred to in this chapter who neglects or fails to perform the duties incumbent upon the officer under the provisions of this chapter shall be guilty of a simple misdemeanor.

         Section History: Early Form

         [S13, § 1565-i; C24, 27, 31, 35, § 4829; C39, § 4829.22; C46,
      § 317.23; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 317.24]
        

317.25 TEASEL, MULTIFLORA ROSE, AND PURPLE LOOSESTRIFE PROHIBITED -- EXCEPTIONS. A person shall not import, sell, offer for sale, or distribute teasel (Dipsacus) biennial, the multiflora rose (Rosa multiflora), purple loosestrife (Lythrum salicaria), purple loosestrife (Lythrum virgatum), or seeds of them in any form in this state. However, this section does not prohibit the sale, offer for sale, or distribution of the multiflora rose (Rosa multiflora) used for understock for either cultivated roses or ornamental shrubs in gardens. Any person violating the provisions of this section is subject to a fine of not exceeding one hundred dollars.

         Section History: Early Form

         [C75, 77, 79, 81, § 317.25] 

         Section History: Recent Form

         89 Acts, ch 193, §1; 90 Acts, ch 1111, § 1; 91 Acts, ch 5, §1; 91
      Acts, ch 258, §46; 2001 Acts, ch 91, §1; 2002 Acts, ch 1050, §31
        

317.26 ALTERNATIVE REMEDIATION PRACTICES. The director of the department of natural resources, in cooperation with the secretary of agriculture and county conservation boards or the board of supervisors, shall develop and implement projects which utilize alternative practices in the remediation of noxious weeds and other vegetation within highway rights-of-way.

         Section History: Recent Form

         87 Acts, ch 225, §231

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