5-10-4: UNLAWFUL ACTS:
A. Except as provided in subsection C of this section, it shall be unlawful for any person to intentionally introduce, cultivate, sell, or offer for sale any noxious weed designated in the town's noxious weed management plan.
B. Except as provided in subsection C of this section, it shall be unlawful for any person to knowingly allow to grow any noxious weed designated in the town's noxious weed management plan.
C. The provisions of subsections A and B of this section shall not apply to:
1. Research sanctioned by a state or federal agency or an accredited university or college;
2. Activities specifically permitted by the commissioner;
3. Noxious weed management plans that are part of an approved reclamation plan pursuant to section 34-32-116(7) or 34-32.5-116(4), Colorado Revised Statutes;
4. Noxious weed management activities that are conducted on disturbed lands as part of an approved reclamation plan pursuant to section 34-33-111(1), Colorado Revised Statutes;
5. Noxious weed management activities that are part of activities conducted on disturbed lands pursuant to section 34-60-106(12), Colorado Revised Statutes; or
6. Noxious weeds that are being properly managed in accordance with the rules promulgated by the commissioner.
D. Any person who violates the provisions of this section shall be responsible for the costs associated with remediation of the noxious weeds. In assessing the cost of remediation, the court may include both actual immediate and estimated future costs to achieve specified management objectives. If the town prevails in any action to enforce this section, the court shall award to the town its reasonable attorney fees and costs incurred in such action. (Ord. 15, Series 2007)