No owner, tenant or occupant of a property, or person, corporation
or other entity, shall plant, install or cause or permit the planting
or installation of plant species commonly known as "running bamboo"
or "clumping (Sympodial) bamboo", including, but not limited to, the
following plant genera: Arundinaria, Bambusa, Chimonobambusa, Endrocalamus,
Fargesia, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella,
or Semiarundinaria upon any property located within the City of Brigantine.
In the event any species commonly known as "running bamboo"
or "clumping bamboo" is located upon any property within the City
of Brigantine, prior to the effective date of this prohibition, the
owner and occupant of said property shall jointly and severally be
required to confine such species to prevent the encroachment, spread,
invasion or intrusion of same onto any other private or public property
or public right-of-way. In lieu of confining the species, the property
owner or occupant may elect to totally remove the bamboo from the
property and all affected properties. Failure to properly confine
such bamboo shall require removal as set forth below. The cost of
said removal shall be at the bamboo property owner's expense.
This duty to confine shall not apply if the property owner and/or
occupant can establish to the satisfaction of the Code Enforcement
Officer that the bamboo, which is on his/her property at the time
of the adoption of this chapter, originated on another property.
Any running bamboo or clumping bamboo, either planted or caused
to be planted or existing on the effective date of this regulation,
may not be replanted or replaced once such bamboo is or has become
dead, destroyed, uprooted, or otherwise removed.