§ 35-5.5-106 — Noxious weed management - municipal authority

Colorado § 35-5.5-106

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Colorado Noxious Weed Act

Text

(1) The
governing body of each municipality in the state shall adopt a noxious weed
management plan for all lands within the territorial limits of the municipality. In
addition to and independent of the powers elsewhere delegated by law, the
governing body of a municipality may adopt and provide for the enforcement of
such ordinances, resolutions, rules, and other regulations as may be necessary and
proper to enforce said plan and otherwise provide for the management of noxious
weeds within the municipality, subject to the following limitation: No municipal
ordinance, resolution, rule, other regulation, or exercise of power pursuant to this
article shall apply to unincorporated lands or facilities outside the corporate limits
of the municipality, except such lands or facilities which are owned by or leased to
the municipality, unless the municipality and the county otherwise agree pursuant
to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.

(2) The governing body of the municipality shall provide for the
administration of the noxious weed management plan authorized by this article
through the use of agents, delegates, or employees and may hire additional staff or
provide for the performance of all or part of the noxious weed management plan
through outside contract. Any agent, delegate, employee, staff, or contractor
applying or recommending the use of chemical management methods shall be
certified by the department of agriculture for such application or recommendation.

(3) The governing body may cooperate with counties and other municipalities
for the exercise of any or all of the powers and authorities granted by this article.
Such cooperation shall take the form of an intergovernmental agreement pursuant
to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.

(4) To the degree that a municipality has, upon enactment of this article, or
subsequent to that date, adopted an ordinance or ordinances for the management
of noxious weeds, the adoption of such an ordinance or ordinances shall be deemed
to satisfy the requirement for the adoption of a noxious weed management plan
imposed by this article.

Legislative History

Source: L. 90: Entire article added, p. 1552, � 1, effective July 1. L. 96: (1), (2), and (4) amended, p. 768, � 8, effective May 23.