[Adopted 5-10-2011 by Ord. No. 2011-01]
This article shall be known as an "Ordinance to Prohibit Bamboo
Along a Public Highway."
This article shall regulate the growing of bamboo, specifically
species Bambusa, Phyllostachys and Pseudosasa, including Common bamboo,
Golden bamboo, and Arrow bamboo.
Bamboo shall not be planted, maintained or otherwise be permitted
to exist within 40 feet of the edge of the pavement or traveled portion
of any public roadway in West Bradford Township.
Property owner(s) whose property contains bamboo shall remove
and abate the growth of the bamboo within 40 feet of edge of the pavement
or traveled portion of a public road in West Bradford Township.
The Township may enforce this article by any or all of the following
measures;
A.
Provide written notice to a property owner to remove the bamboo within
a certain period of time.
B.
Move or cause the removal of any bamboo that is interfering with
the public highway and is growing within the right-of-way of a public
road within 40 feet of edge of the pavement or traveled portion of
a public road and charge the property owner with the cost of that
work.
C.
Issue a nontraffic citation to the property owner(s) for violation
of this article.
A notice of violation may be issued followed by a citation,
or a citation may be issued without being preceded by a notice of
violation.
A.
Any action by any person, firm, corporation or other entity which
violates or does not comply with any provision of this article or
any regulation thereof shall be punishable by fine(s) as established
in this section. Each day that a violation occurs shall be considered
a separate violation.
B.
Any person who violates or permits a violation of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.[1]
