[HISTORY: Adopted by the Board of Trustees of the Incorporated
Village of Bayville 9-26-2022 by L.L. No. 4-2022. Amendments noted where
applicable.]
A.
The following
definitions shall govern the interpretation of this chapter unless
otherwise expressly defined herein. Words used in the singular shall
include the plural and vice versa. The word "shall" is always mandatory.
B.
BAMBOO
BAMBOO PROPERTY OWNER
As used in
this chapter, the following terms shall have the meanings indicated:
Any tropical or semitropical grasses or plants with monopodial
(leptomorph) rhizome (root) systems which typically send off rhizomes
far away from the plant, including, but not limited to, the following
plant genera: arrow bamboo, Arundinaria, Bambusa, Chimonobambusa,
common bamboo, yellow groove bamboo, golden bamboo, Phyllostachys,
Pleioblastus, Pseudosasa, Sasa, Sasaella, and Semiarundinaria.
A property owner in the Village of Bayville who has planted
or grown or caused the planting or growing of bamboo on their property
and/or permitted or permits the growing of bamboo on their property
that had initially encroached onto their 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
on this property and they shall provide the Building Department with
proof, satisfactory to the Building Inspector, that within a reasonable
period of time after they first learned of the encroachment of bamboo
on their property from an adjoining or neighboring property, they
advised the owner of such adjoining or neighboring property of their
objection to the encroachment of bamboo onto their property and/or
indicated steps for the removal of the bamboo from their property.
Effective upon the date that this provision shall become law,
the planting or growing of bamboo shall be prohibited within the Village
of Bayville.
In the event any species of bamboo is located upon any property
within the Village of Bayville, the owner or occupant of said property
shall confine such species to prevent the encroachment, spread, invasion
or intrusion of same onto any other property or right-of-way.
Any property owner upon whose property bamboo has been planted
or otherwise permitted to grow on any property within the Village
of Bayville shall remove, confine, or abate the growth of the bamboo
so long as no part of the plant (including stalks, branches, leaves,
and/or roots) extends within 10 feet of any property line, street,
sidewalk, or public right-of-way.
Any person violating this chapter shall be fined not more than
$500 and/or sentenced to not more than 15 days in jail for each offense.
