§ 12-16 Destruction of trees, shrubs, etc. (Parallel ref: §18.

2-140 Code of Virginia)

1. It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure,
burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being
upon the land of another. Any person violating this section shall be guilty of a Class 3 misdemeanor;
provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or
custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further
prosecution or suit.

(a) Other provisions notwithstanding, cross-pollination by a privately-owned transgenic

plant to the non-transgenic plants of an adversely affected party constitutes contamination for the
purpose of this ordinance.

(b) Contamination means evidence of the existence of a private transgenic in the plant,
seed, or crop of the adversely affected party.

(c) Privately owned transgenic contamination, means, whether by gene insertion or non-
hybrid, any transgenic organism which is or has been protected by a U.S. patent the contamination
from which extending to sterilizing seeds, adulterating plant or crop heritage, or negatively affecting
the marketability of plants or crops, or causing pecuniary or other loss to the adversely affected party in
any way.

2. Civil Actions due to contamination by privately owned transgenic plant may be taken by the
adversely affected claimant(s), in the Courts of the County of Pittsylvania including civil liability for
treble damages; and such contamination is a complete defense against any claims by an owner of
transgenic plant or seed for infringement to any patent or claims of unauthorized use of the transgenic
limited to the damages for return of the plant, crop, or seed suffering contamination only, at the expense
of the transgenic owner, and as to the adversely affected treble the damages for the contamination.

(a) Any privately owned transgenic use shall be registered at no cost to the registrant
prior to such use, providing evidence of the manufacturer, patent number, and identification or contract
for the use with the county clerk in a record created, maintained, and made available for the purpose of
this ordinance.

(1) Failure to register the use or intended use of any privately owned transgenic
with the Pittsylvania County Director of Agricultural Development shall be a Class 3 misdemeanor
punishable by a fine of up to $500.

(b) Notwithstanding any agreement to the contrary between patent owner and his
assignee, contractee, or otherwise, the liability and obligation for the contamination damages under this
section are to the user and/or the ultimate owner of the causative transgenic, provided an innocent,
unwitting, contaminator has a complete defense to the liability of the ultimate owner.

3. Severability - If a provision of this ordinance is or becomes illegal, invalid, or unenforceable, that

shall not affect the validity or enforceability in the county of any other provision of this ordinance.