[HISTORY: Adopted by the Mayor and Council of the Township
of Toms River 11-27-2012 by Ord. No. 4387-12. Amendments noted
where applicable.]
The purpose of this chapter is to protect and promote the public
health through the control of the growth of invasive plant species.
As used in this chapter, the following terms shall have the
meanings indicated:
All native and non-native vines and vegetation that grow
out of place and are competitive, persistent, and pernicious. These
plants may damage trees, vegetation, or structures. Examples include,
but are not limited to, bamboo (spreading or running type), ragweed,
multiflora rose, kudzu-vine and poison ivy or oak.
All persons must control the growth of invasive plants. Failure
to control the spread of such vegetation beyond the boundaries of
a resident's property is a violation of this chapter.
All places and premises in the Township of Toms River shall
be subject to inspection by the enforcing officer. Such inspections
shall be performed by such person, persons or agency duly authorized
and appointed by the Township of Toms River. An inspection shall be
made if that official has reason to believe that any section of this
chapter is being violated.
A.Â
Whenever an invasive plant, as defined by this chapter, is found
on any plot of land, lot or any other premises or place, a violation
notice shall be given to the owner, in writing, to remove or abate
the violation within such time as shall be specified in such notice.
B.Â
The cost of abatement shall be borne by the property owner.
C.Â
If the owner fails to comply with such notice within the time specified
therein, the enforcing official may remove or otherwise control the
invasive plant species and the Township may thereafter recover the
cost of such removal from the property owner and place a lien on the
property to recover the cost of invasive plant removal.
Any person, partnership, limited-liability company, corporation
or other entity who shall violate any provision of this chapter shall,
upon conviction thereof, be subject to the maximum fines and penalties
established under N.J.S.A. 40:49-5 and 40:69A-29, and as same shall
be amended from time to time. Each and every day a violation of this
chapter shall exist shall constitute a separate violation.