This chapter shall be known as an "Ordinance Prohibiting Bamboo
Along a Public Thoroughfare" (i.e., public highway, street, roadway,
trail, path or sidewalk).
This chapter shall regulate the growing of bamboo, including
the species Bambusa; Phyllostachys; and Pseudosasa, including common
bamboo, golden bamboo, and arrow bamboo.
Bamboo shall not be planted, maintained or otherwise permitted
to exist within 30 feet of the edge of the pavement or traveled portion
of any public thoroughfare in East Brandywine Township.
Property owner(s) whose property contains bamboo shall remove
and abate the growth of the bamboo within 30 feet of the edge of the
pavement or traveled portion of a public thoroughfare in East Brandywine
Township.
The Township may enforce this chapter by any or all of the following
measures:
A. Providing written notice and warning to a property owner advising
the property owner to remove the bamboo within 30 days from the date
of receipt of the notice, or the Township will initiate enforcement
proceedings.
B. Moving or causing the removal of any bamboo that is interfering with
the public thoroughfare and is growing within the right-of-way of
a public road within 30 feet of the edge of the pavement or traveled
portion of a public thoroughfare. Any such action taken by the Township
shall be charged against the real estate upon which the bamboo is
located and shall be a lien upon such real estate.
C. Any person, firm or corporation who violates or permits a violation
of any provision of this chapter shall, upon conviction in a summary
proceeding brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of no less than $50 and no more than $1,000,
plus costs of prosecution, including counsel fees. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding five days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each provision of this chapter that is violated shall
also constitute a separate offense.