[HISTORY: Adopted by the Borough Council of the Borough of Quarryville 11-2-1987 by Ord. No. 250. Amendments noted where applicable.]
This chapter shall be known as, and may be cited as, "The Quarryville Borough Weed Ordinance of 1987."
This chapter shall take effect on the day of __________, and shall be controlling within the limits of the Borough of Quarryville, Lancaster County, Pennsylvania.
The weed list shall contain, but not be limited to, the following plants:
Cichorium intybus, commonly known as chicory or succory or blue daisy;
Cirsium arvense, commonly known as Canadian thistle;
Rosa multiflora, commonly known as multiflora rose;
Sorghum halepense, commonly known as Johnson grass;
Cannabis sativa, commonly known as marijuana;
Any weed that may be listed on the Noxious Weed Control List of the Noxious Weed Control Committee of the Pennsylvania Department of Agriculture, pursuant to the Noxious Weed Control Law (Act of April 7, 1982, P.L. 228, No. 74, § 1).
Editor's Note: See now the Controlled Plants and Noxious Weeds Law, 3 Pa.C.S.A. § 1501 et seq.
The growing of any plant listed on the weed list upon any premises in the Borough of Quarryville is hereby declared to be unlawful and a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the Borough and is hereby prohibited.
No person, firm or corporation owning or occupying any property within the Borough of Quarryville shall permit any grass or weed found on the weed list or any vegetation whatsoever, not incident to a bona fide agricultural use, or planted for some useful or ornamental purpose, to grow or remain upon such premises so as to exceed a height of 12 inches.
The owner of any premises, if the premises is vacant or occupied by the owner; the occupier of any premises if premises are occupied by other than the owner, shall remove, trim or cut all grasses or weeds or other vegetation growing or remaining upon such premises in violation of the provisions of §§ 411-4 and 411-5 of this chapter.
The Borough Manager or other officer designated by Borough Council is hereby authorized to give notice, by personal service or by first-class United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of §§ 411-4 and 411-5 of this chapter, and directing and requiring such owner to remove, trim or cut grass, weeds or vegetation so as to conform to the requirements of this chapter within five days after service of such notice.
In case any person, firm or corporation shall neglect, fail or refuse to comply with the notice provided for in § 411-7 above within the period of time stated therein, the Borough may cause such grass, weeds or vegetation to be removed, trimmed or cut. There is hereby imposed a charge of $15 plus the actual cost of the labor involved for each time the Borough shall cause such grass, weeds or vegetation to be removed, trimmed or cut, and the owner or occupant, as the case may be, shall be billed after the work has been completed.
Should any bill or bills for removing, trimming or cutting of grass, weeds or vegetation be unpaid on or before November 1 of each year, a penalty of 10% shall be added to such bill or bills and a lien shall be filed against the premises in the same manner as other municipal claims are filed.
Whoever violates or fails, neglects or refuses to comply with any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $300 and costs of prosecution. Each day's violation shall constitute a separate offense and notice to the offender shall not be necessary in order to constitute an offense.
The provisions of this chapter are severable, and if any section, clause, sentence, part or provision thereof shall be held illegal, invalid or unconstitutional, the decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this chapter. It is hereby declared to be the intent of Borough Council that this chapter would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence, part or provision had not been included herein.