§ 164. Control and eradication of injurious insects, noxious weeds,\nand plant diseases. 1. The commissioner shall take such action as he\nmay deem necessary to control or eradicate any injurious insects,\nnoxious weeds, or plant diseases existing within the state.\n 2. All trees, shrubs, plants and vines or other material, including\nsoil infected or infested with injurious insects or plant diseases, or\nwhich have been exposed to injurious insects or plant diseases, or which\nare hosts of such insects or plant diseases or other material including\nsoil, and noxious weeds are hereby declared public nuisances and may be\ndestroyed or ordered destroyed by the commissioner.\n 3. The commissioner may order the owner or person in charge of any\ninfected or infested trees, shrubs, plants and vines or other material\nincluding soil or host plants, and noxious weeds or the owner or person\nin charge of the farm or premises upon which they have been grown or on\nwhich they exist or in which they have been stored, or of the vehicles\nor cars in which they have been conveyed, to take such measures to\neradicate or control the said infestation, infection, or noxious weeds\nas the commissioner may deem necessary or proper. Such orders may be\ncommunicated by personal service, service through the mails, or by\nnewspaper publication, as the commissioner deems expedient. Such owner\nor person in charge shall promptly carry out the order of the\ncommissioner within the period of time designated in the order. If such\nowner or person in charge shall refuse or neglect to carry out any such\norder, the commissioner may apply such eradication or control measures\nat the expense of the owner. Upon the completion of such eradication or\ncontrol measures the owner shall, upon demand of the commissioner,\nforthwith pay the cost thereof into the state treasury, and upon his\nneglect or refusal so to do, the amount thereof shall be recovered in a\ncivil action to be brought and prosecuted by the attorney-general in the\nname of the people of the state.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.