As used in this chapter, the following terms shall have the
meanings indicated:
BAMBOO
Any tropical or semitropical grass of the genera Bambusa,
Dendrocalamus or of any other related genera.
BAMBOO PROPERTY OWNER
A property owner in the Village who has planted or grown
or caused the planting or growing of bamboo on his property and/or
permitted or permits the growing of bamboo on his property that had
initially encroached onto his property from an adjoining or neighboring
property.
For purposes of this chapter, if bamboo is found growing upon
a property, that shall constitute presumptive evidence that the growing
of bamboo on the property shall have occurred with the consent of
the owner of such property, except that such property owner shall
not be presumed to be a bamboo property owner if the property owner
did not plant or grow or cause said bamboo to be planted or grown
in his property, and he shall provide the Building Inspector with
proof, satisfactory to the Building Inspector, that within a reasonable
period of time after he first learned of the encroachment of bamboo
onto his property from an adjoining or neighboring property, he advised
the owner of such adjoining or neighboring property of his objection
to the encroachment of bamboo onto his property and/or initiated steps
for the removal of the bamboo from his property.
Effective upon the date this provision shall become law, the
planting or growing of bamboo shall be prohibited within the Village
of Massapequa Park. Any person who thereafter plants or grows, or
causes to be planted to grow, bamboo within the Village shall be deemed
to be in violation of this chapter, and shall be subject to such penalties
as are set forth hereunder.
Any bamboo either planted or caused to be planted or existing
on a property prior to the effective date of this chapter may not
be replanted or replaced in kind once such bamboo is or has become,
for any reason, dead, destroyed, uprooted or otherwise removed.
Within 30 days after the effective date of this chapter, the
Village shall give notice by reasonable means to all property owners
in the Village advising them of the enactment of this chapter and
requesting that each property owner who would be deemed a bamboo property
owner hereunder as of the effective date of this chapter notify the
Village, in writing, no later than 60 days after the date of the aforementioned
notice from the Village that bamboo is present on the property of
such property owner and such other information as may be requested
in the notice from the Village.
In the event that any portion or portions of this chapter shall
be determined to be invalid or unenforceable for any reason, the remainder
of the chapter and its provisions shall remain in full force and effect.