Fremont, CA Invasive Plant Rules: Prohibited Species (2026)

The ban traces to Ordinance 163 and covers any lot, parcel or portion of real property in the city, whether the castor bean plants were deliberately planted or simply allowed to persist. Section 8.20.020 carves out three exceptions: plants kept for educational, scientific or research purposes or as part of a botanical collection or display; commercial cultivation or cropping, provided the growing area is completely enclosed or otherwise made inaccessible to small children; and retail or wholesale possession for sale, provided the plants, seeds or beans are displayed in securely sealed packages or containers labeled to warn that they are poisonous if chewed, eaten or swallowed.

Before the 48-hour removal clock in Section 8.20.010(b) starts, Section 8.20.030 requires the city to serve written notice, which can be delivered by personal service, by registered or certified mail addressed to the responsible person, or by posting the notice in a conspicuous place on the property, and it must be issued by a public officer charged with enforcing the chapter. Section 8.20.040 declares any violation of the chapter a public nuisance dangerous to public health and safety, and it directs the chief of police to investigate reported violations, notify the responsible party using the same service methods, and, if the person fails to comply after notice, enter the property, public or private, to summarily abate the nuisance by removing the plants directly. This section predates the city's general nuisance abatement chapter (8.60) and gives police, rather than code enforcement, direct authority to act on this specific hazard.