As used in this chapter, the following terms
shall have the meaning indicated:
WEEDS
Any untended or uncultivated grasses, bushes, deleterious
or unhealthful vegetation or other noxious growing matter in excess
of eight inches in height, except trees, ornamental shrubbery, flowers
or vegetables properly tended.
WOODLANDS
An undeveloped or uncultivated portion of land at least 1/2
acre in size.
No person, firm or corporation, owning or occupying
any property within the Borough of Jersey Shore, shall permit any
grass or weeds or any vegetation whatsoever, not edible or planted
for some useful or ornamental purpose to grow or remain upon such
premises so as to exceed a height of eight inches from the first day
of May to the first day of November of each year or to throw off any
unpleasant or noxious odor or to conceal any filthy deposit or to
create or produce hazardous pollen. Any grass, weeds or other vegetation
growing upon any premises in the Borough in violation of any of the
provisions of this section is hereby declared to be a nuisance and
detrimental to the health, safety, cleanliness and comfort of the
inhabitants of the Borough.
The owner or occupant of any premises, whether vacant or occupied, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of §
172-1.
It shall be unlawful for any owner, tenant,
occupant or agent of any lot or land, house or tenement in the Borough
to allow or permit any weeds or bushes not edible or planted for some
useful or ornamental purpose to grow and remain upon that portion
of the street or alley, immediately in front of, or adjoining his/her
or their premises between the property line or such street or alley
and the outer edge of the roadway of such street or alley commonly
known as the curbline. It is the intent and meaning of this chapter
that the portion of streets or alleys between the property line and
the outer edge of the roadway, commonly known as the curbline, which
space is ordinarily occupied by lawns, sidewalks and shade trees is
to be maintained by the owner, tenant, occupant or agent of the property
immediately abutting such space, in accordance with this chapter under
a penalty for the violation of the provisions hereof.
Woodland areas as defined herein shall be exempt
from this chapter except as follows:
A. That portion 10 feet from any street, alley, right-of-way
or abutting property.
B. Any weeds growing that are deemed to be harmful to
the health of residents or produce hazardous pollen.
The Code Enforcement Officer is authorized to
notify, in writing, the owner and/or person in control of any lot,
place or area within the Borough and/or the agent of the owner and/or
person in control to cut, destroy and remove any weeds in violation
of this chapter. This written notice shall be given only once per
calendar year. The owner or person in control, or agent of the owner
or person in control, of any lot, place or area having in any calendar
year received notice pursuant to this chapter, shall be deemed to
have notice for the remainder of the year.
[Added 8-4-2003 by Ord. No. 4-2003]
No person, firm or corporation, shall willfully cast, blow, or otherwise deposit upon any street, alley, or sidewalk, any grass, weeds, or other vegetation, including, but not limited to, lawn clippings. Any person, firm, or corporation who shall violate the provisions of this section shall be subject to the imposition of those penalties which are set forth in §
172-8 of this chapter. It shall not be necessary for the Code Enforcement Officer to give any person, firm, or corporation who shall violate the provisions of this section notice to remove as specified in §
172-6 of this chapter, it being the express intent of the Borough that such notice to remove shall not be a precondition to the conviction of such person, firm, or corporation for any such violation of this section.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96; 8-4-2003 by Ord. No. 4-2003; 8-13-2018 by Ord. No. 2018-04]
Any person violating any provision of this chapter
within shall, on their first offense be fined $25. If said fine of
$25 is not paid in 10 days, then, upon conviction thereof, they will
be sentenced to pay a fine of no less than $150 and no more than $1,000
or shall undergo imprisonment for not more than 90 days, or both.
Each day of violation constitutes a separate violation.