Noxious Weeds

Commissioner of Noxious Weeds

MDA Pesticide and Plant Pest Management Division

Noxious Weeds Act, Public Act 359 of 1941, as amended (MCL 247.61, et seq.)

MTA Sample Noxious Weeds Ordinance 

An ordinance to secure the public health, safety and welfare of the residents and property owners, by the control and regulation of certain weeds and growth in subdivided lands and upon lands along improved streets within the township; to provide penalties for the violation thereof and to repeal all ordinances or parts of ordinances in conflict therewith.

THE TOWNSHIP OF ________, _________ COUNTY, MICHIGAN, ORDAINS:

Section 1: Title
This ordinance shall be known and cited as the _________ Township Weed Ordinance.

Section 2: Definitions
For the purpose of this ordinance, “weeds” shall include Canada thistle (Circium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), ragweed (ambrosia elatior 1) and poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix) or other plant that in the opinion of the Township Board, coming under the provisions of the Noxious Weeds Act, Public Act 359 of 1941, as amended (MCL 247.61, et seq.), is regarded as a common nuisance.

Section 3: Regulations
A. It shall be the duty of all owners of land upon which weeds, as defined in this ordinance, are growing, either:

1. Within platted subdivisions in which buildings have been erected upon 60 percent or more of the lots, or

2. On parcels of land along improved streets in common usage within the township, to a depth of one hundred sixty five (165) feet or the depth of the ownership, whichever is the lesser,

To destroy said weeds before they reach a seed-bearing stage, and to prevent said weeds from perpetuating themselves and from becoming a detriment to public health.

B. Nothing in this ordinance shall apply to weeds in fields devoted to growing any small grain crops such as wheat, oats, barley, or rye.

Section 4: Penalties
Any person, firm or corporation who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $100, which fine, when collected, shall become a part of the “Noxious Weed Control Fund” of _______ Township. Each day that a violation shall continue shall constitute a separate offense. The foregoing penalty shall be in addition to the other rights of the township to proceed at law or equity with other appropriate and proper remedies.

Note: This ordinance is written to be enforced as a criminal misdemeanor. If your township intends to enforce this ordinance as a civil infraction, the penalty provision will need to be revised. Please consult your local attorney, or contact Michigan Townships Association for sample civil infraction penalty provisions and enforcement guidelines.

Section 5: Validity
Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

Section 6: Effective Date
This ordinance shall take effect on the ___ day of __________, 20___. All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.

The purpose of this sample ordinance is to provide a suggested guideline for the types of items that should be included within an ordinance. Certainly, no sample ordinance should be used unless, after careful review, it is the professional judgment of your legal counsel that using the sample will accomplish the particular objectives and intentions of your township. Although these sample ordinances are the result of much thought and effort, neither the authors nor the Michigan Townships Association assumes any responsibility for the results of using these samples word-for-word in individual cases.