Raglan County Council

Waikato Times, Volume 97, Issue 15998, 28 May 1924, Page 15

Raglan County Council

BY-LAW No. 11. NOXIOUS WEEDS. BY-LAW OF THE RAGLAN COUNTY COUNCIL made in pursuance of the powers and provisions contained in the Counties Act, 1920, and all and every other powers enabling the said Council in that behalf. INTERPRETATION. L In this By-law if not consistent with the context—''Clear" means the cutting down and keeping cut down the stem or grubbing or pulling out the root of any noxious weed so as to prevent any part thereof flowering. "Council" means the Raglan County Council as the Local Authority for the County of Raglan. "County" means the District of the County of Raglan. 'Noxious Weeds" means and includes Blackberry, Foxglove, Sweetbriar (rosa rubiginosa), Ragwort or Ragweed -(Senecio jacoboea), Gorse (ulex europoeus), and any other plant that may be declared by the Council to bo a noxious weed within its jurisdiction. "Occupier" means every person in occupation of land and includes the owner of any land which is unoccupied or whereof the occupier is unknown or cannot after clue enquiry be found but does not extend to or include Maori or Native land the title of which has not been individualised and partitioned and which has not been leased or let to nor is in occupation of any person or corporation. "Person" and words applying to any individual shall include a body of persons whether incorporated or unincorporated. Words importing the singular number include the plural number and words importing the plural number include the singular number. RAGWORT. 2 Every occupier of land within the County (not being Native land the title of which has not been individualised and partitioned and which is not leased or let) shall clear and keep the same clear of the Noxious Weed known as Ragwort or Ragweed (beneoo jacoboea). BLACKBERRY, GORSE, ETC. 3 Every occupier of land as aforesaid shall clear and keep cleared the same from Noxious Weeds being Blackberry, Gorse, Foxglove, 'Sweetbriar, and any other plant or weed that may be declared by the Council to be a noxious weed and for such purpose—(a) Where such weeds are in small patches and/or where the area of land occupied bv him does not exceed one acre he shall clear the same to the full extont thereof except to the extent that the said weeds form part of hedges or live fences. (b) In all other cases he shall clear the land (save as to actual hedges or live fences) along the entire length of every boundary fence or boundary line 'thereof and on each side of every watercourse (natural or artificial) or stream to the width of 16* feet each year until the whole land is cleared. Provided that in any pa. « .ilar case the Council or its Officers mav, if satisfied that "hardauip would be caused by a lull compliance owing" to the nature of the land, area ol mad frontage or other good reason, in writing, reduce the width of the strip to be cleared in any year, clearance of which reduced strip shall be deemed to be a'sufficient compliance with this provision. HEDGES AND LIVE FENCES. 4 Every occupier of land as aforesaid shall properly trim and cut all Hedges and Live Fences thereon to the extent and so fatas the same consist of noxious weeds being Gorse, Blackberry, or Sweetbriar so as to prevent the spreading thereof and shall remove and destroy all refuse resulting from such trimming and cutting. ROAD FRONTAGES. 5 Every occupier of land as aforesaid shall cut down and keep cut down all Noxious Weeds being Ragwort, Gorse, Foxglove, Sweetbriar or Blackberry growing on the road surface up to the middle of such road along the. whole frontage of the land occupied or owned by him and shall remove and destroy the refuse arising from the cutting thereof. COMPLIANCES WITH NOTICES. 6 Every occupier as aforesaid shall within 14 days (or within such longer period as may be specified therein) from the service on him of a notice signed -by the Chairman or Officer of the Council requiring him to execute and carry out the clearing or cutting of noxious \veeds (being work required to be done in conformity with the foregoing clauses) carry out and execute such work and comply with all the requirements of such notice and it shall be the duty of the occupier so to do. 7 If the occupier fails or neglects to carry out the work specified therein, the Council may by its officers and workmen enter upon the land and do or complete the work at the expense in all things of the occupier and all such expenses as the Council may incur iii" or about such work shall be recoverable by the Council from the occupier with costs by action in any Court of competent jurisdiction. 8. The' service of any notice by the Council and the doing or carrying out of work by the Council under Sections (5 and 7 hereof .shall be an additional remedy and shall not relieve or exempt any occupier from any fine or proceedings he may have incurred or be liable to for any'breach of tbjs By-law. 9. For the purpose of ascertaining whether the provisions and requirements of" this By-law are being observed or of the existence of noxious weeds thereon any Officer of the Council shall enter upon the land of the occupier as above defined at any reasonable time.

RAGLAN COUNTY COUNCIL BY-LAWS. •. ' ~.' ■'l67 No-person"" shall obstruct, hinder or prevent any Officer of the Council, or "any person duly-employed or authorise in the,«xerH cise of'any "'power' or duty conferred by or under this"By-lassc" « ; *1.:; -"t.. -... PENALTIES. ' v--: - 11. Every person guilty of a breach of any of the provisions <tf this By-law shall, be liable to a penalty not exceeding £lO, or when} the breach,.is,.a"'.contiriuing. one then'to a "penalty'not exceeding £5, for every day:or;'part, of. a day during which such breach eontmaeau The continued existence in a state contrary to any of the pro* visions of-this- By-law of Noxious Weeds on land or hedges or fences shall.,be deemed a continuing offence within the meaning of this section. . .-., '" :;- " ,:,. . . notices. 121 A notice to be sent by the Council hereunder need not ba under Seal * and shall be deemed to be sufficiently served on any person if handed to him personally or by sending'the same to the last known place of abode Or business of such person by messenger or by post. If such person is not known or;is. absent frOm New; Zealand and has-no known agent in-the Dominion any notice may be served by posting the same up in some conspicuous position on the land and it. shall not be necessary in any such notice to nam© the occupier or. owner of the land. "■.-.■., .... '.. ■■ . ■ , ... The above. By-law was duly passed as ,'a-Special .Order by the Raglan County;, Council at its meeting held, on" the. 14th; November, 1923, and confirmed at a meeting held on the"9th January, tL.924. THE COMMON SEAL of the Chairman, Councillors, and Inhabitants of the County of Raglan was hereunto affixed this 9th day of January, 1924, by order of the Council and in the presence of— CAMPBELL JOHNSTONE, .-Chairman, H. MARSLAND, County Clerk.