§ 8.04.040. Definitions.

The following definitions are provided for the sole purpose of proper interpretation and administration of this chapter:

A.

"Board" means the Butte-Silver Bow district weed board.

B.

"Boulevard" or "parkway" or "planting strip" means that strip of land within the public right-of-way which is between the sidewalk and the roadway.

C.

"Buyer" or "collector" means an individual or company that is in the business of buying baby's breath (Gypsophila paniculata) to market for resale. A buyer or collector must have a current Butte-Silver Bow business license in order to do business as a "buyer" or "collector" of baby's breath (Gypsophila paniculata) in the city and county of Butte-Silver Bow, state of Montana.

D.

"Council" means the council of commissioners of the city and county of Butte-Silver Bow.

E.

"Chief executive" means the chief executive of the city and county of Butte-Silver Bow.

F.

"Department" means the Montana Department of Agriculture provided in Section 2-15-3001, MCA.

G.

"District" means the Butte-Silver Bow weed management district organized under the authority of Section 7-22-2102, MCA and includes all land within the boundaries of Butte-Silver Bow, state of Montana, including the town of Walkerville.

H.

"Government" means the local government of the city and county of Butte-Silver Bow.

I.

"Harvest" means to remove any part of a baby's breath (Gypsophila paniculata) plant from areas where it grows when the plant is mature and bearing seed.

J.

"Noxious weeds" or "weeds" means any exotic plant species established or that may be introduced in the state which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated:

1.

As a statewide noxious weed by rule of the department; or

2.

As a district noxious weed by the board, following public notice of intent and a public hearing. The term weeds shall specifically include the following: baby's breath (Gypsophili), matrimony vine (Lycium halime falium); and

3.

Baby's breath (Gypsophila paniculata) is hereby established as a noxious weed, subject to all regulations and penalties as set out in Chapter 8.04 except as provided in Section 8.04.111 and 8.04.112.

K.

"Person" means an individual, partnership, corporation, association, or state or local government agency or subdivision owning, occupying, or controlling any land, easement, or right-of-way, including any county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, borrow pit, or right-of-way for a casual or lateral.

L.

"Picker" means a person or persons who gathers any part of a baby's breath (Gypsophila paniculata) plant by cutting or pulling plants with the purpose of selling such plants to a buyer or collector. A picker may also work for a buyer or collector for wages.

M.

"Supervisor" means the person employed by the board to conduct the district noxious weed management program and supervise other district employees.

N.

"Transportation" means to move baby's breath (Gypsophila paniculata) by any means from one location to another within the city and county of Butte-Silver Bow, state of Montana.

O.

"Weed management or control" means the planning and implementation of a coordinated program for the containment, suppression, and where possible, eradication of noxious weeds.

(Ord. 443 § 1, 1993; Ord. 351 § 1, 1989: Ord. 268 § 1 (part), 1986)

( Ord. No. 13-14, § 1, 1-4-2014 )