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TC Ord. No. 2010-06 Enacting Noxious Weed Control RegulationsTOWN OF AVON, COLORADO ORDINANCE 10 -06 SERIES OF 2010 AN ORDINANCE ENACTING NOXIOUS WEED CONTROL REGULATIONS. WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council is authorized to declare nuisances, establish fines and penalties, and require abatement of public nuisances pursuant to its home rule authority and pursuant to Colorado Revised Statute §31- 15- 401(1)(c); and WHEREAS, the Town Council is authorized to provide for the removal of weeds pursuant to Colorado Revised Statutes §31- 15- 401(1)(d); and WHEREAS, the Town Council is authorized to implement and enforce the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -101 et. seq.; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. 48.24.046 Repealed. §8.24.046 of the Avon Municipal Code is hereby repealed in its entirety. Section 3. Chapter 8.36 Enacted. Chapter 8.36 of the Avon Municipal Code is hereby enacted to read as follows: "Chapter 8.36 Noxious Weed Control Regulations. Ord 2010 -06 Weed Control Regulations Page 1 of 6 V7 4.20. 10 8.36.010 Purposes. The purposes of this Chapter 8.36 are to require the control of weeds and noxious weeds and to require the removal of noxious weeds from property within the Town pursuant to the Town of Avon's Home Rule Authority and in the manner provided by the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -101 et. seq. and by the Avon Municipal Code and to fulfill the Town of Avon's municipal obligations under the Colorado Noxious Weed Act. The purposes of this Chapter 8.36 also include the purposes stated in the Colorado Noxious Weed Act in C.R.S. §35 -5.5 -102. 8.36.020 Interpretation and Effect. Where any provision, regulation, term or definition of this Chapter 8.36 differs from the Colorado Noxious Weed Act, it is the intent and interpretation of the Town that the provisions, regulations, terms and definitions in this Chapter 8.36, including the Town of Avon Noxious Weed Management Plan adopted pursuant to this Chapter 8.36, shall supersede the Colorado Noxious Weed Act and shall apply in the Town of Avon. 8.36.030 Definitions. The definitions set forth in the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -103, are hereby adopted and shall apply within this Chapter 8.36 unless such definitions are in conflict with the definitions adopted below in this section. The following definitions shall also apply to this Chapter 8.36: Noxious Weed means noxious weeds as defined by the Colorado Noxious Weed Act, plants declared noxious weeds by the Colorado Department of Agriculture, and plants declared to be noxious weeds by the local advisory board of the Town of Avon. Property means any real property located within the municipal boundaries of the Town of Avon. Public Works Director means the Director of Public Works or the Public Works Director's designee. Town of Avon Noxious Weed Management Plan means the noxious weed management plan adopted by the Town Council acting as the local advisory board. 8.36.040 Local Advisory Board. The Town Council shall be the local advisory board for all state and local noxious weed statutes, ordinances and regulations. The mayor shall be the chair and the mayor pro tem shall be the secretary. A majority of the members of the board shall constitute a quorum. The voting rules for the local advisory board shall be the same as for the Town Council. The local advisory board may adopt, amend and update the Town of Avon Noxious Weed Management Plan by resolution. 8.36.050 Plants Declared Noxious Weeds. All plants which are declared noxious weeds are named and described in the Town of Avon Weed Management Plan. The Town of Avon Weed Management Plan shall be reviewed and updated in compliance with the Colorado Noxious Weed Act. A plant that aggressively invades or is detrimental to economic crops, live Ord 2010 -06 Weed Control Regulations Page 2 of 6 V7 4.20. 10 stock, wildlife or native plant communities or is a carrier of detrimental insects, diseases, allergens or parasites may be declared a noxious weed. 8.36.060 Public Nuisance, Noxious Weeds. Any and all plants declared noxious weeds by the Town are declared to be a public nuisance. 8.36.070 Control of Noxious Weeds. The owner of property shall control noxious weeds through elimination of such noxious weeds from such property. Elimination and removal of noxious weeds shall occur in accordance with the Town of Avon Noxious Weed Management Plan. The owner of property shall comply with the duties of landowners set forth in C.R.S. §35.5.5- 108.5. 8.36.080 Violations. It shall be a violation of this Chapter 8.36 for any property owner or person to violate any provision of this Chapter 8.36 or to violate any provision of the Colorado Noxious Weed Act. 8.36.090 Enforcement. The Public Works Director shall have the authority to administer and enforce this Chapter 8.36. Any violation of this Chapter 8.36 may be referred to the Town Attorney who shall promptly file a complaint in a court with jurisdiction. The Public Works Director shall have the authority to abate public nuisances declared in this Chapter 8.36 as set forth below. 8.36.100 Abatement of Noxious Weeds. (a) Entry and Inspection. The Town shall have the right to enter upon any property for the purpose of inspection if verbal permission is granted by the property owner to enter such property. If verbal permission is not granted to the Town by the property owner, the Town shall have the right to enter upon any property after providing notice to the property owner by sending such notice via certified mail to the address of record according to the Eagle County Assessor's Office. In addition to sending notice of inspection by certified mail, the Town may send such notice by other practical means. If, after ten (10) days, the property owner does not respond or denies access, the Town may seek an inspection warrant in accordance with C.R.S. §35-5.5 - 108.5(4)(b). Upon obtaining a valid inspection warrant, the Town may enter the property between the hours of 7:00 a.m. and 8:00 p.m. (b) Notice of Eradication. If the Town finds the presence of noxious weeds upon inspection of the property, the Town shall provide a notice of eradication to the property owner. The notice of eradication shall be sent by certified mail to the address of record according to the Eagle County Assessor's Office. In addition to sending notice of eradication by certified mail, the Town may send such notice by other practical means. The notice of eradication shall name the noxious weeds, shall identify eradication as the required management objective, shall advise the property owner to commence eradication efforts with a specified period or condition, shall state the integrated noxious weed management techniques proscribed in the Town of Avon Noxious Weed Management Plan and shall advise the property owner that the property has five (5) days from the date of mailing notice of eradication to submit a plan and schedule acceptable to the Town for the completion of the management objective. Ord 2010 -06 Weed Control Regulations Page 3 of 6 V7 4.20.10 (c) Eradication by Property Owner. Within five (5) days after the Town sends the notice of eradication, the property owner shall comply with the terms of the notification of eradication or shall submit a plan and schedule which is acceptable to the Town for the completion of the management objective. An essential component of any plan and schedule for completion of the management objective shall be to eradicate noxious weeds prior to the seasonal time in which such noxious weeds create and disburse seeds or otherwise spread or propagate. (d) Abatement. In the event the property owner fails to comply with the notice to eradicate the identified noxious weeds and implement an appropriate noxious weed eradication program, the Town may enter upon the property, take such actions as deemed necessary to eradicate the noxious weeds and abate the public nuisance. The Town may assess the whole cost of eradication and abatement, including up to one hundred percent of inspection, eradication, and other incidental costs including but not limited to administrative and legal costs. In addition, the Town may assess an additional five percent (5 %) of the whole costs of eradication and abatement in accordance with C.R.S. §31- 15- 401(1)(d). The assessment shall be a lien on the property and may be certified to the clerk of the county treasurer who shall collect the assessment in the same manner as other taxes in accordance with C.R.S. §31 -15 -401 and C.R.S. §31 -20 -105. 8.36.110 Penalty. A violation of this Chapter 8.36 shall be a civil infraction and shall be subject to penalty as provided in Chapter 1.09 of this Code, in addition to any other remedies provided herein or allowed by ordinance, law, rule, or regulation." Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Ord 2010 -06 Weed Control Regulations Page 4 of 6 V7 4.20.10 Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [signature page follows] Ord 2010 -06 Weed Control Regulations Page 5 of 6 V7 4.20.10 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for April 27, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on April 13, 2010. �pW N ()Fl :. C Wolfe, Mayor Publis 5.posting.Hi east three public places in Town and posting at the office of the Town Clerk at opAW d prior to final action by the Town Council. AT T: APPROVED AST . Patt c enny, Tow rlc Heil, town Attorney INTRODUCED, FINA-tLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED) "UMMIED BY POSTING on An ' '2712010. --1 :S E A � , Ronald C. Wolfe, Mayor 6pp�j YM*by le in at least three public places in Town and posting by title at the office of the Ord 2010 -06 Weed Control Regulations Page 6 of 6 V7 4.20. 10 TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN ADOPTED APRIL 27, 2010 The Town of Avon in accordance with "Colorado Noxious Weed Act ", C.R.S. §35 -5.5 -101 et seq. hereby designates the following plants as Noxious Weeds: Management Method # 1 2 4 I Common Name: Leafy Spurge Russian Knapweed Diffuse Knapweed Spotted Knapweed Canada Thistle Musk Thistle Plumeless Thistle Scotch Thistle 9 Houndstongue 10 Whitetop /Hoary Cress 11 Yellow Toadflax 12 Oxeye Daisy 13 Dalmatian Toadflax 14 Common Tansy 15 Scentless Chamomile 16 Salt Cedar 17 Yellow Sweet Clover Scientific Name: Euphorbia esula Acroptilon repens Centaurea diffusa Centaurea maculosa Cirsium arvense Carduus nutans Carduus acanthoides Onopordum acanthium Cynoglossum officinale Cardaria draba Linaria vulgaris Chrysanthemum leucanthemum Linaria dalmatica Tanacetum vulgare Matricaria perforate Tamarix chinensis Melilotus officinalis The purpose of this Noxious Weed Management Plan is to adopt a list of noxious weeds for the Town of Avon. The basis for this list is set forth in the "Colorado Noxious Weed Act" C.R.S. §35- 5.5 -101 et seq. Weeds which commonly occur in Avon and which are listed on the state's A, B, and C list at the time of adoption are identified above. In addition, yellow sweet clover ( Melilotus officinalis) has been identified as noxious by the Town of Avon. Although this plant is not currently listed on the state's list, it is identified as noxious by the town and included herein because it is very invasive, detrimental to cattle, has been found to be problematic in Avon, and is expected to be added to the state's noxious weed list.' It is expressly understood in this Plan that the above - referenced list shall be inclusive of all "List A" species of noxious weeds to the extent they are found within the Town of Avon and identified for mandatory eradication by the State of Colorado. It is also expressly understood that any and all "List B" species of noxious weeds not currently listed above, but later found within the Town of Avon and identified by the state for mandatory eradication pursuant to state regulation 8 CCR 1203- 1 This species is listed as invasive in 26 states including Colorado, Arizona, Texas, Wyoming, and Utah. See: U.S. Forest Service. Weed of the Week: Yellow Sweetclover. Accessed February 2009: hftp: / /www.na.fs.fed.us /fhp /invasive plants /weeds /yellow sweetclover.pdf Whitson, T.D. (ed.) et al. 1996. Weeds of the West. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming. Laramie, Wyoming. United States Department of Agriculture, Accessed online on April 8, 2010 at http: // plants. usda .gov /iava /profile ?svmbol =MEOF. 19, shall be incorporated into this plan and that no amendment hereto shall be necessary prior to taking enforcement action for the eradication of said species. The Town of Avon may annually review and update this list of noxious weeds pursuant to state statute, or sooner if necessary. I. Introduction: The noxious weeds that have currently invaded our community have be come a threat to the economic and environmental value of land in the Town of Avon. These weeds are not indigenous to this county and have no natural predators or diseases to keep them in check. They are rapidly displacing desirable vegetation causing a loss of productive wildlife grazing and recreational resources. An integrated noxious weed management plan must include best practice strategies along with the Federal, State of Colorado, Town of Avon and Private land owners, working together to meet the challenges we now face in our state. II. Goals of this plan: • Adopting and implementing the Colorado Noxious Weed Act as they apply to the Town of Avon. The Town of Avon Noxious Weed Regulations as it pertains to noxious weeds will automatically update along with all future revisions and amendments to the Colorado Noxious Weed Act. • Education of the public and private landowners concerning weed management issues facing our community. • Work with the Federal, State, County, and private landowners to implement "Best Management Practices. " • Identify, inventory and map out noxious weeds currently in our community and use as a means to monitor our effectiveness and as a tool for future work plans. III. Weed Management Methods: The Colorado Noxious Weed Act provides that integrated methods must be utilized in the management of weeds. Integrated methods include but are not limited to: Cultural, Chemical, Biological and Mechanical management. For proper control of a particular weed species, it may be necessary to utilize more than one method. The following general comments regard control methodology apply to all listed or otherwise identified noxious weeds, unless otherwise specifically excluded in the detailed management plan listed below for a particular plant species: • Cultural — those methodologies or practices conducted to favor the growth of desirable plants over undesirable plants. Including but not limited to: maintaining an optimum fertility and plant moisture status in an area, and planting species most suited to an area. (e.g., Grazing, Revegetation for wildlife) • Erosion Control — Healthy plant revegetation of all disturbed sites with acceptable grasses, trees, and other plantings, with a 2 year warranty and extensive weed control during the re- growth period. -2- • Chemical — the use of herbicides or plant growth regulators to disrupt the growth of undesirable plants. (e.g., Herbicides) • Biological — the use of organisms to disrupt the growth of undesirable plants. (e.g., insects, bacteria, pathogens, goats) • Mechanical — practices that physically disrupt plant growth including but not limited to: tilling, mowing, burning, cutting, mulching, hand pulling, and hoeing. Tilling, mowing, mulching, and hoeing are generally only effective if done to plants prior to the flowering stage. After this stage the seeds have formed and these plants must be completely removed from the property by cutting or hand - pulling as part of the mitigation effort Cut plants which include buds, flowers, or seed pods should be placed in clear plastic bags, the bags labeled "noxious weeds ", and landfill disposed. Landfill disposal should be done through a licensed landscape maintenance contractor or by direct deposit in the landfill. Unless otherwise recommended below, no removed weed material which includes buds, flowers, or seed pods should be burned, composted, or heaped, or otherwise left exposed. Note that personal protective equipment (PPE) should be worn when conducting weed mitigation. This may include gloves, long sleeve shorts, full length pants, safety boots, and safety glasses. Mitigation work should be done carefully because some of the weeds and herbicides can cause eye and /or skin irritation. Leafy spurge - (Euphorbia esula) a perennial that spreads by seed and creeping rootstocks. An extensive root system with vast nutrient reserves makes this plant extremely difficult to control. Management Methods: a) Cultural: seeding perennial grasses can be an effective management tool. Early emerging plant species that utilize early season moisture such as smooth brone (Bromus inermis) or crested wheat grass have reduced leafy spurge density and limited the spread and establishment of new infestations. Alfalfa can also be a good competitor with leafy spurge. b) Chemical: Contact a licensed commercial applicator for specific recommendations for herbicide use. c) Biological: grazing with sheep or goats can stress leafy spurge making it more susceptible to other control methods. Apthona flava and Apthona nigriscutis are two species of flea beetles that have been introduced to attack leafy spurge. Adults feed on foliage during summer and lay eggs at the base of spurge plants. The larvae tunnel the soil and mine the roots as well as the fine root hairs. These insects along will not control leafy spurge but they can weaken the plant making it more susceptible to herbicide treatments or other control methods. d) Mechanical: mechanical methods have not been proven to be an effective management tool on this plant. Comments: A complex of insects, grazing, plant disease and chemical methods will be necessary to stress the plant sufficiently to attain acceptable control. -3- 2. Russian Knapweed - (Acroptilon repens) A creeping perennial weed which once established, becomes extremely difficult to control. In heavy infestations few plants can grow in competition. Management Methods: a) Cultural: dry range seeded with Crested wheatgrass can cause stress in knapweed by using up moisture for spring growth. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: a leaf & stem gall - forming nematode (Subanguina peridus) has been released in the U.S. This nematode had shown limited success in controlling Russian knapweed d) Mechanical: due to the extensive energy reserves in the root system, removal of top growth alone will not provide adequate control of Russian knapweed. In fact recent studies have shown that mowing increases Russian knapweed density and stimulates growth. 3. Diffuse Knapweed - (Centaurea diffusa) is a biennial or short lived perennial which has become one of the most damaging rangeland weeds in the Northwest inter - mountain area. Management Methods: a) Cultural: Seeding of Crested wheatgrass can inhibit the spread of diffuse knapweed in dry climates b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Two kinds of seed head gall flies (Uphora affins and Uphora quadrifaciata) attack the seed heads of Spotted knapweed. The larvae of the files induce galls in immature flower heads thus directing nutrients away from seed production. These flies will reduce seed production of the plant but not sufficiently to stop its spread. d) Mechanical: Deep plowing can reduce the stand density. 4. Spotted Knapweed - (Centaurea maculosa) is a biennial or short lived perennial that greatly reduces the range's carrying capacity for both livestock and wildlife. Management Methods: a) Cultural: Good grazing management is one of the best defenses against the spread of knapweeds on the range and pasture lands. Proper stocking rates, good livestock distribution and correct timing and deferment of grazing are essential to the maintenance of a healthy range or pasture environment. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Two kinds of seed head gall flies (Uphora affins and Uphora quadrifaciata) attack the seed heads of Spotted knapweed. The larvae of the files induce galls in immature flower heads thus directing nutrients away from seed production. These flies will reduce seed production of the plant but not sufficiently to stop its spread. -4- d) Mechanical: Deep plowing can reduce the stand density. 5. Canada Thistle — (Cirsium arvense ) A perennial weed with an extensive root system, Canada Thistle reproduces both by seed and by vegetation buds on the roots. This requires a much more extensive management plan than the biennial thistles. Management Methods: a) Cultural: Cultivation may increase the number of plants by spreading the roots to new areas where they may become established. Competitive crops, especially alfalfa and forage grasses may be used to control Canada thistle infestations. Choose aggressive grass with early season vigor to plant in areas where Canada thistle is present. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Ceutorhynchus litura is a stem weevil whose larvae mine tissues of the leaf, root crown and root. Outward signs of damage by this larvae are not readily apparent but secondary damage is caused by other organisms which enter the plants through exit holes made by the larvae. Urophora cardui is a stem gall fly whose larvae cause galls to form on the stem of Canada thistle plants. The galls reduce the plant's vigor making it less able to compete with other plants or to resist pathogens or attacks by other insects. It is essential that both of these insects be combined with other methods of control for adequate management of Canada thistle. d) Mechanical: Mowing can be an effective tool when combined with herbicide treatment. Mowing alone is not effective unless conducted at two week intervals over several growing seasons. Mowing should always be combined with cultural and chemical control. 6. Musk Thistle — (Carduus nutans) is a biennial weed. Biennial weeds are best controlled in their first year of growth. Very commonly found noxious weed in Eagle County. Management Methods: a) Cultural: The best way to prevent or reduce the amount of biennial thistle is to manage areas that are susceptible to invasion b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Rhinocyllus conicus is a flower head weevil which is widely distributed in Eagle County. This weevil consumes most of the seeds in the terminal flower heads, but has no effect on buds which form later in the season. The conicus weevil can be an effective control method only if it is combined with chemical mechanical controls. Trichosirocalus horridus is a crown weevil which feeds on the growing tip of the thistle rosette. This weevil has been released on numerous occasions in Eagle County but has not yet become established. Due to the very nature of the predator prey cycle the bio control listed above will not completely eliminate the thistle. d) Mechanical: Since these thistles are biennials and do not resprout, they are easily killed by tillage or any method that severs the taproot below the crown of the plant. If dug or cut after -5- seed heads have formed the plants should be burned or otherwise destroyed so the seeds will not mature. Mowing is effective only if done when flowers first open. A second mowing may be necessary because the plants may recover and produce viable seed later in the growing season. 7. Plumeless Thistle — (Carduus acanthoides). See description and management method for the Musk Thistle ( #6 above). 8. Scotch Thistle — (Onopordum acanthium). See description and management method for the Musk Thistle ( #6 above) 9. Houndstongue — (Cynoglossum officinale) is a biennial weed which is toxic to horses and cattle. The seed is contained in pods, which are covered with barbs enabling them to stick to clothing or animal hair, and thus readily transported. Management Methods: a) Cultural: Maintain range and pasture in good condition through proper irrigation and fertilization. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: No biological controls are available at this time. d) Mechanical: Severing the taproot below the crown will control Houndstongue. After cutting, the plants should be burned or removed if they are in bloom to prevent seed formation. 10. Hoary Cress Whitetop — (Cardaria draba ) is a perennial plant, which is very competitive with native vegetation. Its early seeding habits make it difficult to effect control in a timely manner. Management Methods: a) Cultural: The effectiveness of mowing or cultivation will be increased if perennial grasses or alfalfa are seeded as competitor species. Promote healthy grass in rangeland or pastures by using proper irrigation and fertilization techniques. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: No insects are known to be effective for controlling this weed. d) Mechanical: No scientific data is available on mechanical control for this species. Mowing just prior to seed set may reduce overall seed production, but must repeated several times during the growing season. WON 11. Yellow Toadflax - (Linaria vulgaris) This deep- rooted perennial plant is an aggressive invader of rangeland, pasture and waste areas. Once established on a site it is one of the most difficult noxious weeds to control. Management Methods: a) Cultural: No data is currently available for the control of Yellow toadflax. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Calophasia lunula moth larvae can reduce the root reserves and general vigor of Yellow toadflax by defoliating new growth and eating buds and flowers. Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced but has little if any effect on stand density. Combine the use of either of these insects with chemical or mechanical control for best results. d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production but will not effect stand density or duration. Repeated cultivation twice a year for two years should slow the spread and reduce seed population. This should be followed by seeding of competitive grasses. 12. Dalmation Toadflax — (Linaria dalmatica) An introduced perennial with a creeping root system. This plant may suppress desirable grasses even in well managed rangeland or pastures. Management Methods: a) Cultural: No data is currently available for the control of Yellow toadflax. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Calophasia lunula moth larvae can reduce the root reserves and general vigor of Yellow toadflax by defoliating new growth and eating buds and flowers. Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced but has little if any effect on stand density. Combine the use of either of these insects with chemical or mechanical control for best results. d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production but will not effect stand density or duration. Repeated cultivation twice a year for two years should slow the spread and reduce seed population. This should be followed by seeding of competitive grasses. 13. Oxeye Daisy — (Chrysanthemum leucanthemum) A member of the sunflower family is an erect perennial plant with white ray and yellow disk flowers which bloom from June through August. A native of Eurasia, this aggressive plant has escaped cultivation and become a troublesome weed in the Intermountain West. Management Methods: a) Cultural: Maintain range and pasture in good condition through proper irrigation and fertilization. -7- b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: None known d) Mechanical: Hand pulling or digging before seed head production can used to effectively control small infestations. However, for this method to be successful it is important to remove as much of the underground part as possible. 14. Scentless Chamomile — (Marticaria perforata) An escaped ornamental plant, this annual has become widely established in the eastern part of Eagle County and is a threat to native plant communities. Management Methods: a) Cultural: Learn to identify the plant and physically remove them when they first appear. Seed competitive cool season grasses that out compete this plant at its early stage of growth. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: No known biological controls d) Mechanical: Since it is an annual plant, chamomile can be controlled by hand pulling, cultivation, or any type of physical disturbance. 15. Common Tansy - (Tanacetum vulgare) An escaped ornamental, is a perennial plant, from 1 Meet to 6 feet tall with showy button -like flowers. Tansy is a member of the sunflower family and has become widely established on the western slope of Colorado. Flowering typically occurs from July to September. Tansy reproduces by both seed and creeping rootstock. Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance and seed dispersal, eliminating seed production and maintaining healthy native communities. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: None known d) Mechanical: can be mowed before flowering and seed set to eliminate seed production. This method may have to be repeated to eliminate regrowth from the rootstock. 16. Salt Cedar (Tamarix chinensis) is a evergreen shrub or small tree which grows near water and hydric soils and reaches a height of 5 to 20 feet tall. The leaves are small, scale -like and bluish -green in color. Tiny pink to white colored flowers have five petals and grow on slender racemes. Salt Cedar reproduces by seed Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance. Revegetation and active management of revegetated areas is needed for disturbed areas to prevent growth of this weed. -8- b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Salt Cedar Leaf Beetle (Diorhabda elongate) larvae and adults feed on foliage and can cause plant death if defoliation is consistent. This beetle is commercially available for distribution. d) Mechanical: A bulldozer, chainsaw, or prescribed fire can be used in conjuction with follow - up herbicide treatment for returning sprouts. 17. Yellow Sweet Clover (Melilotus officinalis) is an annual or biennial legume which grows from 2 to 6 feet tall. It has small yellow to white flowers in a multiflowered terminal and along auxillary racemes, serrated trifoliate leaves, somewhat resembles alfalfa. It is not native to Colorado and appears on disturbed sites. It is a drought- tolerant plant. Although useful for honey producers, it causes bloat in cattle and anticoagulation of blood. The plant degrades native grasslands and reduces biodiversity by competing for nutrients and by covering and shading native sun - loving plant species. It reproduces by seed, producing as many as 100,000 seeds per plant; seeds may remain viable for up to 20 years. Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance. Revegetation and active management of revegetated areas is needed for disturbed areas to prevent growth of this weed. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Sitona cylindricollis, the sweetclover weevil, may severely damage the plant. Adults of the insect feed on the foliage and larvae feed on the roots of the plant. A sweetclover root borer, Walshia miscecolrella, is a native insect that may damage sweetclover plants on rare occasions. An ash -gray blister beetle, Epicauta fabricii, a striped blister beetle, Epicauta vittata, and a margined blister beetle, Epicauta pestifera, have also been found feeding on the plant. Yellow sweetclover is palatable by livestock - within the risks mentioned above - and plant infestations may be reduced if heavily grazed. a) Mechanical: Hand pull early and when the soil is moist. Completely remove all plants containing seeds. Burning has had variable results, including increasing germination, and is therefore not recommended. -9- • Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney From: Jennifer Strehler, Director of Public Works and Transpo ationG,' Date: April 27, 2010 Re: Noxious Weeds - Ordinance 10 -06 (second reading) Summary: Town Council is requested to amend the town code regarding weeds. This meeting is second reading of the noxious weed ordinance and includes a public hearing. A • separate action to address nuisance weeds (i.e. of the non - noxious variety) will be scheduled in the near future. • Previous Council Actions: Revisions to §§ 8.24.046 of the Avon Municipal Code entitled "Undesirable Plants" (1992) and to § §8.24.045 entitled "Weeds" (1983) were proposed and discussed upon first reading at the April 13, 2010 Town Council meeting. Discussion: Passage of Ordinance 10 -06 will correct code language deficiencies and ambiguities. This update will improve the town's ability to regulate Colorado State listed "noxious weeds" in accordance with the Colorado Noxious Weed Act (8 CCR 1203- 19). This new ordinance names the Town Council as the "local weed advisory board of the Town of Avon ". This formalizes the authority for the noxious weed mitigation program and assigns it to the Avon Public Works Department. The attached "Avon Noxious Weed Management Plan" is adopted as part of this ordinance. This Plan names 16 specific plants which are currently listed as "noxious" under the Act and which are known to be problematic in Avon. Other plants which are also already on the state's A or B noxious weed list are incorporated into this Plan by reference. Yellow sweet clover has been added to Avon's noxious weed list as #17 because it is already problematic, is invasive and detrimental to cattle, and is expected to be added to the state's list.' The language This species is listed as invasive in 26 states including Colorado, Arizona, Texas, Wyoming, and Utah. See: 1 j W-i of this Plan is such that our list of regulated species automatically updates to include the state's list, as the state's list may evolve over time, without requiring • amendment to our local code. Future updates to this Plan would require re- adoption of the Plan by motion. Note that the previous version of this ordinance (first reading 4/13/2010) included language to regulate non - noxious weeds. Based on feedback from Town Council and input from the Avon Building Division, staff decided to delete the nuisance weed portion of the text from this ordinance. Staff intends to return to Council in the near future with a separate action on nuisance weeds which will involve amending the adopted International Property Maintenance Code (2009) to fill in the blank in Section 302.4 (which lists the jurisdictionally - specific allowable height for weeds) and leaving authority for enforcement with the Community Development Department. Financial Implications: No impact. The town's 2010 budget already includes $30,000 in noxious weed mitigation expenses along with a complementary $30,000 in noxious weed mitigation assessed fee revenues. Recommendation: Staff recommends passage of Ordinance 10 -06. Motion: • I move to approve Ordinance 10 -06, Series 2010, an ordinance amending Chapter 8.24 of the Avon Municipal Code, on second reading." "I move to adopt the "Avon Noxious Weed Management Plan ", dated 4/13/2010." Town Manager Comments: Exhibits: • Ordinance 10 -06 • "Noxious Weed Management Plan" dated 04/13/2010 U.S. Forest Service. Weed of the Week: Yellow Sweetclover. Accessed February 2009: http: / /www.na.fs.fed.us /fhp /invasive Plants /weeds /yellow sweetclover.pdf Whitson, T.D. (ed.) et al. 1996. Weeds of the West. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming. Laramie, Wyoming. • United States Department of Agriculture, Accessed online on April 8, 2010 at http: // plants. usda .gov /Java /profle ?svmbol =MEOF. 2 • Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney From: Jennifer Strehler, Director of Public Works and TranspoPion Date: April 13, 2010 Re: Weeds - Ordinance 10 -06 Summary: Town Council action is requested to amend the town code regarding weeds. Previous Council Actions: • § §8.24.045 of the Avon Municipal Code entitled `Weeds" was approved in 1983. §§ 8.24.046 of the Avon Municipal Code entitled Undesirable Plants was approved in 1992. These two sections of the code will be repealed in their entirety and replaced with a new Chapter 8.36. Background: Avon Public Works has been managing noxious weeds with Avon Town limits since about 1983. We have attempted to manage all species listed on the state's A list of the Colorado Noxious Weed Act (8 CCR 1203 -19, aka "the Act "") plus several species from the B list. However our existing local ordinance only identifies the following species for management: Russian, spotted, and diffuse knapweed, Canada thistle, musk thistle, and leafy spurge. There are other weeds and problem plants that should be regulated to better control their spread and negative effects within Avon (e.g., toad flax, yellow sweet clover). The process used by Public Works for weed management has been as follows: 1. Observe noxious weed growing on private lands. 2. Send certified letter to property owner with formal Notice requiring weed mitigation within 10 days. 3. Wait at least 10 days. 4. Enter private lands and inspect for weeds. 5. Schedule corrective action. • 6. Conduct appropriate weed mitigation (either using internal staff or via a third party contractor). 7. Invoice property owner for weed mitigation work. 8. Collect payment from property owner for work performed. • 9. If payment is not received, the Town has the right to file a lien with the County against the property. (To date, the town has not had to do this.) This process would remain essentially the same after passage of Ordinance 10 -06. The existing code language regarding weeds has been found to be somewhat ambiguous and out - dated. To better comply with the Act and be more effective at regulating weeds, the town should formally adopt a management plan for noxious weeds and establish a local weed advisory board. Discussion: Passage of Ordinance 10 -06 will correct code language deficiencies and ambiguities. This update will improve the town's ability to regulate Colorado State listed "noxious weeds" and other undesirable plants. The new ordinance names the Town Council as the "local weed advisory board of the Town of Avon ". This formalizes the authority for the weed mitigation program. The attached "Avon Noxious Weed Management Plan" is adopted as part of this ordinance. This Plan names 16 specific plants which are currently listed as "noxious" under the Act and which are known to be problematic in Avon. Other plants which are also already on the state's A or B noxious weed list are incorporated into this Plan by reference. Yellow sweet clover has been added to • Avon's noxious weed list as #17 because it is already problematic, is invasive and detrimental to cattle, and is currently a candidate for addition to the state's list. The language of this Plan is such that our list of regulated species automatically updates to include the state's list, as the state's list may evolve over time, without requiring amendment to our local code. Future updates to this Plan would require re- adoption of the Plan by motion. This ordinance also regulates non - noxious weeds. Such weeds are defined as any vegetation greater than 6" in height unless otherwise specifically excluded. Excluded plants are: trees, vegetables, plots of shrubbery, town - approved landscaping, and native vegetation on undisturbed or fully restored lands. Weeds are to be managed such that they stay within a 6" height limit. Financial Implications: No impact. The town's 2010 budget already includes $40,000 in weed mitigation expenses along with a complementary $40,000 in weed mitigation assessed fee revenues. Recommendation: Staff recommends passage of Ordinance 10 -06. Motion: I move to approve Ordinance 10 -06, Series 2010, an ordinance amending Chapter • 8.24 of the Avon Municipal Code, on first reading. • Town Manager Comments: Exhibits: • Ordinance 10 -06 • "Noxious Weed Management Plan" dated 04/13/2010 • IL TOWN OF AVON, COLORADO ORDINANCE 10 -06 • SERIES OF 2010 AN ORDINANCE ENACTING WEED CONTROL REGULATIONS. WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council is authorized to declare nuisances, establish fines and penalties, and require abatement of public nuisances pursuant to its home rule authority and pursuant to Colorado Revised Statute §31- 15- 401(1)(c); and WHEREAS, the Town Council is authorized to provide for the removal of weeds pursuant to Colorado Revised Statutes §31- 15- 401(1)(d); and WHEREAS, the Town Council is authorized to implement and enforce the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -101 et. seq.; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the • Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. 08.24.045 and 8.24.046 Repealed. § §8.24.045 and 8.24.046 of the Avon Municipal Code are hereby repealed in their entirety. Section 3. Chapter 8.36 Enacted. Chapter 8.36 of the Avon Municipal Code is hereby enacted to read as follows: "Chapter 8.36 Weed Control Regulations. Ord 2010 -06 Weed Control Regulations Page 1 of 6 v4 4.8.10 • 8.36.010 Purposes. • The purposes of this Chapter 8.36 are to require the control of weeds and noxious weeds and to require the removal of noxious weeds from property within the Town pursuant to the Town of Avon's Home Rule Authority and in the manner provided by the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -101 et. seq. and by the Avon Municipal Code and to fulfill the Town of Avon's municipal obligations under the Colorado Noxious Weed Act. The purposes of this Chapter 8.36 also include the purposes stated in the Colorado Noxious Weed Act in C.R.S. §35 -5.5 -102. 8.36.020 Interpretation and Effect. Where any provision, regulation, term or definition of this Chapter 8.36 differs from the Colorado Noxious Weed Act, it is the intent and interpretation of the Town that the provisions, regulations, terms and definitions in this Chapter 8.36, including the Town of Avon Noxious Weed Management Plan adopted pursuant to this Chapter 8.36, shall supersede the Colorado Noxious Weed Act and shall apply in the Town of Avon. 8.36.030 Definitions. The definitions set forth in the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -103, are hereby adopted and shall apply within this Chapter 8.36 unless such definitions are in conflict with the definitions adopted below in this section. The following definitions shall also apply to this Chapter 8.36: • Noxious Weed means noxious weeds as defined by the Colorado Noxious Weed Act, plants declared noxious weeds by the Colorado Department of Agriculture, and plants declared to be noxious weeds by the local advisory board of the Town of Avon. • Property means any real property located within the municipal boundaries of the Town of Avon. Public Works Director means the Director of Public Works or the Public Works Director's designee. Town of Avon Noxious Weed Management Plan means the noxious weed management plan adopted by the Town Council acting as the local advisory board. Weeds means any vegetation, including grass or brush, but not including: vegetables, agricultural grain plots, native plants in undisturbed or restored land, and plants included in a landscape plan approved by the Town. 8.36.040 Local Advisory Board. The Town Council shall be the local advisory board for all state and local noxious weed statutes, ordinances and regulations. The mayor shall be the chair and the mayor pro tem shall be the secretary. A majority of the members of the board shall constitute a quorum. The voting rules for the local advisory board shall be the same as for the Town Council. The local advisory board may adopt, amend and update the Town of Avon Noxious Weed Management Plan by resolution. Ord 2010 -06 Weed Control Regulations Page 2 of 6 v4 4.8.10 v 8.36.050 Plants Declared Noxious Weeds. All plants which are declared noxious weeds are named and described in the Town of Avon Weed Management Plan. The Town of Avon • Weed Management Plan shall be reviewed and updated in compliance with the Colorado Noxious Weed Act. A plant that aggressively invades or is detrimental to economic crops, live stock, wildlife or native plant communities or is a carrier of detrimental insects, diseases, allergens or parasites may be declared a noxious weed. 8.36.060 Public Nuisance, Noxious Weeds. Any and all plants declared noxious weeds by the Town are declared to be a public nuisance. 8.36.070 Public Nuisance, Weeds. Weeds other than noxious weeds which are not controlled in accordance with this Chapter 8.36 are declared to be a public nuisance. 8.36.080 Control of Noxious Weeds. The owner of property shall control noxious weeds through elimination of such noxious weeds from such property. Elimination and removal of noxious weeds shall occur in accordance with the Town of Avon Noxious Weed Management Plan. The owner of property shall comply with the duties of landowners set forth in C.R.S. §35.5.5- 108.5. 8.36.090 Control of Weeds. (a) The owner of property shall have the duty to control weeds on such property as required by this Chapter 8.36. (b) It is unlawful for the owner or occupant of any property, to permit weeds to grow to a • height of six inches (6 ") or more in the Town. (c) It shall be the duty of the Town to control weeds in all right -of -ways dedicated to the Town in the areas maintained by the Town as designated in the Official Town Maintenance and Repair Map, adopted by and set forth in AMC § 12.16.020 of the Town Code. It shall be the duty of the abutting property owner to control weeds in a public right -of -way between the property line and the edge of pavement unless the Town has assumed the duty to control weeds as defined in this AMC §8.36.080(c) except such duty of abutting property owner shall not apply to federal and state owned public right -of -ways. (d) Any area which is undeveloped open space and which is (1) undisturbed and covered with native vegetation or (2) completely restored and covered with native vegetation, shall be exempt from the requirements of this section. 8.36.0100 Violations. It shall be a violation of this Chapter 8.36 for any property owner or person to violate any provision of this Chapter 8.36 or to violate any provision of the Colorado Noxious Weed Act. 8.36.0110 Enforcement. The Public Works Director shall the authority to administer and enforce this Chapter 8.36. Any violation of this Chapter 8.36 may be referred to the Town Attorney who shall promptly file a complaint in a court with jurisdiction. The Public Works is Ord 2010 -06 Weed Control Regulations Page 3 of 6 A 4.8.10 Director shall have the authority to abate public nuisances declared in this Chapter 8.36 as set • forth below. 8.36.0120 Abatement of Noxious Weeds. (a) Entry and Inspection. The Town shall have the right to enter upon any property for the purpose of inspection if verbal permission is granted by the property owner to enter such property. If verbal permission is not granted to the Town by the property owner, the Town shall have the right to enter upon any property after providing notice to the property owner by sending such notice via certified mail to the address of record according to the Eagle County Assessor's Office. In addition to sending notice of inspection by certified mail, the Town may send such notice by other practical means. If, after ten (10) days, the property owner does not respond or denies access, the Town may seek an inspection warrant in accordance with C.R.S. §35-5.5 - 108.5(4)(b). Upon obtaining a valid inspection warrant, the Town may enter the property between the hours of 7:00 a.m. and 8:00 p.m. (b) Notice of Eradication. If the Town finds the presence of noxious weeds upon inspection of the property, the Town shall provide a notice of eradication to the property owner. The notice of eradication shall be sent by certified mail to the address of record according to the Eagle County Assessor's Office. In addition to sending notice of eradication by certified mail, the Town may send such notice by other practical means. The notice of eradication shall name the noxious weeds, shall identify eradication as the required management objective, shall advise the property owner to commence eradication efforts with a specified period or condition, shall state • the integrated noxious weed management techniques proscribed in the Town of Avon Noxious Weed Management Plan and shall advise the property owner that the property has five (5) days from the date of mailing notice of eradication to submit a plan and schedule acceptable to the Town for the completion of the management objective. (c) Eradication by Property Owner. Within five (5) days after the Town sends the notice of eradication, the property owner shall comply with the terms of the notification of eradication or shall submit a plan and schedule which is acceptable to the Town for the completion of the management objective. An essential component of any plan and schedule for completion of the management objective shall be to eradicate noxious weeds prior to the seasonal time in which such noxious weeds create and disburse seeds or otherwise spread or propagate. (d) Abatement. In the event the property owner fails to comply with the notice to eradicate the identified noxious weeds and implement an appropriate noxious weed eradication program, the Town may enter upon the property, take such actions as deemed necessary to eradicate the noxious weeds and abate the public nuisance. The Town may assess the whole cost of eradication and abatement, including up to one hundred percent of inspection, eradication, and other incidental costs including but not limited to administrative and legal costs. In addition, the Town may assess an additional five percent (5 %) of the whole costs of eradication and abatement in accordance with C.R.S. §31- 15- 401(1)(d). The assessment shall be a lien on the property and may be certified to the clerk of the county treasurer who shall collect the assessment in the same manner as other taxes in accordance with C.R.S. §31 -15 -401 and C.R.S. §31 -20 -105. • Ord 2010 -06 Weed Control Regulations Page 4 of 6 v4 4.8.10 v 8.36.0130 Abatement of Weeds. The Public Works Director or Town Manager may abate weeds in the same manner as the abatement of other public nuisances as set forth in Chapter • 8.24. 8.36.0140 Penalty. A violation of this Chapter 8.36 shall be a civil infraction and shall be subject to penalty as provided in Chapter 1.09 of this Code, in addition to any other remedies provided herein or allowed by ordinance, law, rule, or regulation. Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and • includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and • Ord 2010 -06 Weed Control Regulations Page 5 of 6 v4 4.8.10 for the purpose of sustaining any judgment, decree or order which can or may be rendered, • entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for April 27, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on April 13, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. • ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on April 27, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk • Ord 2010 -06 Weed Control Regulations Page 6 of 6 v4 4.8.10 TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN ADOPTED , 2010 The Town of Avon in accordance with "Colorado Noxious Weed Act ", C.R.S. §35 -5.5 -101 et seq. hereby designates the following plants as Noxious Weeds: Management Method # 1 2 4 5 6 7 Common Name: Leafy Spurge Russian Knapweed Diffuse Knapweed Spotted Knapweed Canada Thistle Musk Thistle Plumeless Thistle Scotch Thistle 9 Houndstongue 10 Whitetop/Hoary Cress 11 Yellow Toadflax 12 Oxeye Daisy 13 Dalmatian Toadflax 14 Common Tansy 15 Scentless Chamomile 16 Salt Cedar 17 Yellow Sweet Clover Scientific Name: Euphorbia esula Acroptilon repens Centaurea diffusa Centaurea maculosa Cirsium arvense Carduus nutans Carduus acanthoides Onopordum acanthium Cynoglossum officinale Cardaria draba Linaria vulgaris Chrysanthemum leucanthemum Linaria dalmatica Tanacetum vulgare Matricaria perforate Tamarix chinensis Melilotus officinalis The purpose of this Noxious Weed Management Plan is to adopt a list of noxious weeds for the Town of Avon. The basis for this list is set forth in the "Colorado Noxious Weed Act" C.R.S. §35 -5.5 -101 et seq. Weeds which commonly occur in Avon and which are listed on the state's A, B, and C list at the time of adoption are identified above. In addition, yellow sweet clover ( Melilotus officinalis) has been identified as noxious by the Town of Avon. Although this plant is not currently listed on the state's list, it is identified as noxious by the town and included herein because it is currently a candidate for state listing, fits the definition of noxious plant, and has been found to be problematic in Avon. It is expressly understood in this Plan that the above - referenced list shall be inclusive of all "List A" species of noxious weeds to the extent they are found within the Town of Avon and identified for mandatory eradication by the State of Colorado. It is also expressly understood that any and all "List B" species of noxious weeds not currently listed above, but later found within the Town of Avon and identified by the state for mandatory eradication pursuant to state regulation 8 CCR 1203 -19, shall be incorporated into this plan and that no amendment hereto shall be necessary prior to taking enforcement action for the eradication of said species. The Town of Avon may annually review and update this list of noxious weeds pursuant to state statute, or sooner if necessary. -1- • is • I. Introduction: • The noxious weeds that have currently invaded our community have be come a threat to the economic and environmental value of land in the Town of Avon. These weeds are not indigenous to this county and have no natural predators or diseases to keep them in check. They are rapidly displacing desirable vegetation causing a loss of productive wildlife grazing and recreational resources. An integrated noxious weed management plan must include best practice strategies along with the Federal, State of Colorado, Town of Avon and Private land owners, working together to meet the challenges we now face in our state. II. Goals of this plan: • Adopting and implementing the Colorado Noxious Weed Act as they apply to the Town of Avon. The Town of Avon Noxious Weed Regulations as it pertains to noxious weeds will automatically update along with all future revisions and amendments to the Colorado Noxious Weed Act. • Education of the public and private landowners concerning weed management issues facing our community. • Work with the Federal, State, County, and private landowners to implement "Best Management Practices. " • Identify, inventory and map out noxious weeds currently in our community and use as a means to monitor our effectiveness and as a tool for future work plans. • III. Weed Management Methods: The Colorado Noxious Weed Act provides that integrated methods must be utilized in the management of weeds. Integrated methods include but are not limited to: Cultural, Chemical, Biological and Mechanical management. For proper control of a particular weed species, it may be necessary to utilize more than one method. The following general comments regard control methodology apply to all listed or otherwise identified noxious weeds, unless otherwise specifically excluded in the detailed management plan listed below for a particular plant species: • • Cultural — those methodologies or practices conducted to favor the growth of desirable plants over undesirable plants. Including but not limited to: maintaining an optimum fertility and plant moisture status in an area, and planting species most suited to an area. (e.g., Grazing, Revegetation for wildlife) • Erosion Control — Healthy plant revegetation of all disturbed sites with acceptable grasses, trees, and other plantings, with a 2 year warranty and extensive weed control during the re -growth period. • Chemical — the use of herbicides or plant growth regulators to disrupt the growth of undesirable plants. (e.g., Herbicides) • Biological — the use of organisms to disrupt the growth of undesirable plants. (e.g., insects, bacteria, pathogens, goats) -2- • Mechanical — practices that physically disrupt plant growth including but not limited to: tilling, mowing, burning, cutting, mulching, hand pulling, and hoeing. • Tilling, mowing, mulching, and hoeing are generally only effective if done to plants prior to the flowering stage. After this stage the seeds have formed and these plants must be completely removed from the property by cutting or hand - pulling as part of the mitigation effort Cut plants which include buds, flowers, or seed pods should be placed in clear plastic bags, the bags labeled "noxious weeds ", and landfill disposed. Landfill disposal should be done through a licensed landscape maintenance contractor or by direct deposit in the landfill. Unless otherwise recommended below, no removed weed material which includes buds, flowers, or seed pods should be burned, composted, or heaped, or otherwise left exposed. Note that personal protective equipment (PPE) should be worn when conducting weed mitigation. This may include gloves, long sleeve shorts, full length pants, safety boots, and safety glasses. Mitigation work should be done carefully because some of the weeds and herbicides can cause eye and/or skin irritation. 1. Leafy spurge - (Euphorbia esula) a perennial that spreads by seed and creeping rootstocks. An extensive root system with vast nutrient reserves makes this plant extremely difficult to control. Management Methods: a) Cultural: seeding perennial grasses can be an effective management tool. Early emerging • plant species that utilize early season moisture such as smooth brone (Bromus inermis) or crested wheat grass have reduced leafy spurge density and limited the spread and establishment of new infestations. Alfalfa can also be a good competitor with leafy spurge. b) Chemical: Contact a licensed commercial applicator for specific recommendations for herbicide use. c) Biological: grazing with sheep or goats can stress leafy spurge making it more susceptible to other control methods. Apthona flava and Apthona nigriscutis are two species of flea beetles that have been introduced to attack leafy spurge. Adults feed on foliage during summer and lay eggs at the base of spurge plants. The larvae tunnel the soil and mine the roots as well as the fine root hairs. These insects along will not control leafy spurge but they can weaken the plant making it more susceptible to herbicide treatments or other control methods. d) Mechanical: mechanical methods have not been proven to be an effective management tool on this plant. Comments: A complex of insects, grazing, plant disease and chemical methods will be necessary to stress the plant sufficiently to attain acceptable control. • -3- 2. Russian Knapweed - (Acroptilon repens) A creeping perennial weed which once • established, becomes extremely difficult to control. In heavy infestations few plants can grow in competition. Management Methods: a) Cultural: dry range seeded with Crested wheatgrass can cause stress in knapweed by using up moisture for spring growth. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: a leaf & stem gall - forming nematode (Subanguina peridus) has been released in the U.S. This nematode had shown limited success in controlling Russian knapweed d) Mechanical: due to the extensive energy reserves in the root system, removal of top growth alone will not provide adequate control of Russian knapweed. In fact recent studies have shown that mowing increases Russian knapweed density and stimulates growth. 3. Diffuse Knapweed - (Centaurea diffusa) is a biennial or short lived perennial which has become one of the most damaging rangeland weeds in the Northwest inter - mountain area. Management Methods: a) Cultural: Seeding of Crested wheatgrass can inhibit the spread of diffuse knapweed in dry • climates b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Two kinds of seed head gall flies (Uphora affins and Uphora quadrifaciata) attack the seed heads of Spotted knapweed. The larvae of the files induce galls in immature flower heads thus directing nutrients away from seed production. These flies will reduce seed production of the plant but not sufficiently to stop its spread. d) Mechanical: Deep plowing can reduce the stand density. 4. Spotted Knapweed - (Centaurea maculosa) is a biennial or short lived perennial that greatly reduces the range's carrying capacity for both livestock and wildlife. Management Methods: a) Cultural: Good grazing management is one of the best defenses against the spread of knapweeds on the range and pasture lands. Proper stocking rates, good livestock distribution and correct timing and deferment of grazing are essential to the maintenance of a healthy range or pasture environment. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Two kinds of seed head gall flies (Uphora affins and Uphora quadrifaciata) • attack the seed heads of Spotted knapweed. The larvae of the files induce galls in -4- immature flower heads thus directing nutrients away from seed production. These flies will reduce seed production of the plant but not sufficiently to stop its spread. • d) Mechanical: Deep plowing can reduce the stand density. 5. Canada Thistle — (Cirsium arvense ) A perennial weed with an extensive root system, Canada Thistle reproduces both by seed and by vegetation buds on the roots. This requires a much more extensive management plan than the biennial thistles. Management Methods: a) Cultural: Cultivation may increase the number of plants by spreading the roots to new areas where they may become established. Competitive crops, especially alfalfa and forage grasses may be used to control Canada thistle infestations. Choose aggressive grass with early season vigor to plant in areas where Canada thistle is present. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Ceutorhynchus litura is a stem weevil whose larvae mine tissues of the leaf, root crown and root. Outward signs of damage by this larvae are not readily apparent but secondary damage is caused by other organisms which enter the plants through exit holes made by the larvae. Urophora cardui is a stem gall fly whose larvae cause galls to form on the stem of Canada thistle plants. The galls reduce the plant's vigor making it less able to compete with other plants or to resist pathogens or attacks by other insects. It is essential that both of these insects be combined with other methods of control for adequate management of Canada thistle. • d) Mechanical: Mowing can be an effective tool when combined with herbicide treatment. Mowing alone is not effective unless conducted at two week intervals over several growing seasons. Mowing should always be combined with cultural and chemical control. 6. Musk Thistle — (Carduus nutans) is a biennial weed. Biennial weeds are best controlled in their first year of growth. Very commonly found noxious weed in Eagle County. Management Methods: a) Cultural: The best way to prevent or reduce the amount of biennial thistle is to manage areas that are susceptible to invasion b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Rhinocyllus conicus is a flower head weevil which is widely distributed in Eagle County. This weevil consumes most of the seeds in the terminal flower heads, but has no effect on buds which form later in the season. The conicus weevil can be an effective control method only if it is combined with chemical mechanical controls. Trichosirocalus horridus is a crown weevil which feeds on the growing tip of the thistle rosette. This weevil has been released on numerous occasions in Eagle County but has • -5- not yet become established. Due to the very nature of the predator prey cycle the bio • control listed above will not completely eliminate the thistle. d) Mechanical: Since these thistles are biennials and do not resprout, they are easily killed by tillage or any method that severs the taproot below the crown of the plant. If dug or cut after seed heads have formed the plants should be burned or otherwise destroyed so the seeds will not mature. Mowing is effective only if done when flowers first open. A second mowing may be necessary because the plants may recover and produce viable seed later in the growing season. 7. Plumeless Thistle — (Carduus acanthoides). See description and management method for the Musk Thistle ( #6 above). 8. Scotch Thistle — (Onopordum acanthium). See description and management method for the Musk Thistle ( #6 above) 9. Houndstongue — (Cynoglossum officinale) is a biennial weed which is toxic to horses and cattle. The seed is contained in pods, which are covered with barbs enabling them to stick to clothing or animal hair, and thus readily transported. Management Methods: 0 a) Cultural: Maintain range and pasture in good condition through proper irrigation and fertilization. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: No biological controls are available at this time. d) Mechanical: Severing the taproot below the crown will control Houndstongue. After cutting, the plants should be burned or removed if they are in bloom to prevent seed formation. 10. Hoary Cress Whitetop — (Cardaria draba ) is a perennial plant, which is very competitive with native vegetation. Its early seeding habits make it difficult to effect control in a timely manner. Management Methods: a) Cultural: The effectiveness of mowing or cultivation will be increased if perennial grasses or alfalfa are seeded as competitor species. Promote healthy grass in rangeland or pastures by using proper irrigation and fertilization techniques. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. • c) Biological: No insects are known to be effective for controlling this weed. -6- d) Mechanical: No scientific data is available on mechanical control for this species. Mowing just prior to seed set may reduce overall seed production, but must repeated • several times during the growing season. 11. Yellow Toadflax - (Linaria vulgaris) This deep- rooted perennial plant is an aggressive invader of rangeland, pasture and waste areas. Once established on a site it is one of the most difficult noxious weeds to control. Management Methods: a) Cultural: No data is currently available for the control of Yellow toadflax. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Calophasia lunula moth larvae can reduce the root reserves and general vigor of Yellow toadflax by defoliating new growth and eating buds and flowers. Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced but has little if any effect on stand density. Combine the use of either of these insects with chemical or mechanical control for best results. d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production but will not effect stand density or duration. Repeated cultivation twice a year for two years should slow the spread and reduce seed population. This should be followed by seeding of competitive grasses. 12. Dalmation Toadflax — Linaria dalmatica An introduced • ( ) oduced perennial with a creeping root system. This plant may suppress desirable grasses even in well managed rangeland or pastures. Management Methods: a) Cultural: No data is currently available for the control of Yellow toadflax. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Calophasia lunula moth larvae can reduce the root reserves and general vigor of Yellow toadflax by defoliating new growth and eating buds and flowers. Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced but has little if any effect on stand density. Combine the use of either of these insects with chemical or mechanical control for best results. d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production but will not effect stand density or duration. Repeated cultivation twice a year for two years should slow the spread and reduce seed population. This should be followed by seeding of competitive grasses. 13. Oxeye Daisy — (Chrysanthemum leucanthemum) A member of the sunflower family is an erect perennial plant with white ray and yellow disk flowers which bloom from June • -7- through August. A native of Eurasia, this aggressive plant has escaped cultivation and • become a troublesome weed in the Intermountain West. Management Methods: a) Cultural: Maintain range and pasture in good condition through proper irrigation and fertilization. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: None known d) Mechanical: Hand pulling or digging before seed head production can used to effectively control small infestations. However, for this method to be successful it .is important to remove as much of the underground part as possible. 14. Scentless Chamomile — (Marticaria perforata) An escaped ornamental plant, this annual has become widely established in the eastern part of Eagle County and is a threat to native plant communities. Management Methods: a) Cultural: Learn to identify the plant and physically remove them when they first appear. Seed competitive cool season grasses that out compete this plant at its early stage of growth. b) Chemical: Contact licensed commercial applicator for specific recommendations for • herbicide use. c) Biological: No known biological controls • d) Mechanical: Since it is an annual plant, chamomile can be controlled by hand pulling, cultivation, or any type of physical disturbance. 15. Common Tansy - (Tanacetum vulgare) An escaped ornamental, is a perennial plant, from 1 '/2 feet to 6 feet tall with showy button -like flowers. Tansy is a member of the sunflower family and has become widely established on the western slope of Colorado. Flowering typically occurs from July to September. Tansy reproduces by both seed and creeping rootstock. Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance and seed dispersal, eliminating seed production and maintaining healthy native communities. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: None known d) Mechanical: can be mowed before flowering and seed set to eliminate seed production. This method may have to be repeated to eliminate regrowth from the rootstock. -8- 16. Salt Cedar (Tamarix chinensis) is a evergreen shrub or small tree which grows near water and hydric soils and reaches a height of 5 to 20 feet tall. The leaves are small, • scale -like and bluish -green in color. Tiny pink to white colored flowers have five petals and grow on slender racemes. Salt Cedar reproduces by seed Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance. Revegetation and active management of revegetated areas is needed for disturbed areas to prevent growth of this weed. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Salt Cedar Leaf Beetle (Diorhabda elongate) larvae and adults feed on foliage and can cause plant death if defoliation is consistent. This beetle is commercially available for distribution. d) Mechanical: A bulldozer, chainsaw, or prescribed fire can be used in conjuction with follow -up herbicide treatment for returning sprouts. 17. Yellow Sweet Clover (Melilotus officinalis) is an annual or biennial legume which grows from 2 to 6 feet tall. It has small yellow to white flowers in a multiflowered terminal and along auxillary racemes, serrated trifoliate leaves, somewhat resembles alfalfa. It is not native to Colorado and appears on disturbed sites. It is a drought- tolerant plant. Although useful for honey producers, it causes bloat in cattle and anticoagulation of blood. The plant degrades native grasslands and reduces biodiversity by competing for • nutrients and by covering and shading native sun - loving plant species. It reproduces by seed, producing as many as 100,000 seeds per plant; seeds may remain viable for up to 20 years. Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance. Revegetation and active management of revegetated areas is needed for disturbed areas to prevent growth of this weed. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Sitona cylindricollis, the sweetclover weevil, may severely damage the plant. Adults of the insect feed on the foliage and larvae feed on the roots of the plant. A sweetclover root borer, Walshia miscecolrella, is a native insect that may damage sweetclover plants on rare occasions. An ash -gray blister beetle, Epicauta fabricii, a striped blister beetle, Epicauta vittata, and a margined blister beetle, Epicauta pestifera, have also been found feeding on the plant. Yellow sweetclover is palatable by livestock - within the risks mentioned above - and plant infestations may be reduced if heavily grazed. • -9- a) Mechanical: Hand pull early and when the soil is moist. Completely remove all plants • containing seeds. Burning has had variable results, including increasing germination, and is therefore not recommended. • • -10-