NRS555.125. Regulation of host plants in infested areas: Hearing; order; enforcement; penalty.

      1.  If it appears that an area has or is likely to become infested with a pest which cannot be practically eradicated or controlled except by the means provided in this section, the Department shall hold a public hearing to determine the necessity of declaring a time during which or an area in which plants capable of acting as hosts for the pest may not be planted, grown, cultivated, maintained or allowed to exist.

      2.  Notice of the hearing must be given to all growers of the host plants within the area and must specify:

      (a) The time and place of the hearing.

      (b) The host plant.

      (c) The pest.

      (d) The purpose of the hearing.

      3.  If, after the hearing, the Department determines that the pest cannot otherwise be practically eradicated or controlled, the Department shall issue an order prescribing a time during which or an area in which the host plants may not be planted, grown, cultivated, maintained or allowed to exist, and requiring owners or occupiers of property upon which the host plants exist to eradicate the plants.

      4.  If the owner or occupant neglects or refuses to eradicate the plants, the Department may do so in the manner prescribed by NRS 555.110.

      5.  Any person violating such an order is guilty of a misdemeanor.

      (Added to NRS by 1967, 418; A 1993, 1711; 1999, 3641)