[HISTORY: Adopted by the City Council of the City of Yonkers 6-24-2014 by G.O. No.
7-2014. Amendments noted where applicable.]
A.
No owner or occupant of property or person or corporation or other
entity shall plant, replant, install or reinstall or cause or permit
the planting, replanting, installation or reinstallation of a plant
species, upon any property, including but not limited to one-family
and two-family residences, located within the City of Yonkers, commonly
considered to be classified as "running bamboo," hereinafter defined
as any tropical or semitropical grasses with monopodial (leptomorph)
rhizome (root) systems, including but not limited to the following
plant genera: Arundinaria, Chimonobambusa, Phyllostachys, Pleioblastus,
Pseudosasa, Sasa, Sasaella and Semiarundinaria.
B.
Every owner or occupant of property or person or corporation or other
entity located within the City of Yonkers shall, before taking any
action to plant, replant, install or reinstall or cause or permit
the planting, replanting, installation or reinstallation of a plant
species, upon any property, including but not limited to one-family
and two-family residences, commonly considered to be classified as
"bamboo" or "clumping bamboo," hereinafter defined as any tropical
or semitropical grasses with monopodial (leptomorph) rhizome (root)
systems or sympodial (pachymorph) grasses, including but not limited
to Bambusa, Chusquea, Dendrocalamus, Drepanostachyum, Fargesia, Himalayacalamus,
Otatea, Thamnocalamus, Thyrsostachys and Yushania, register with the
Department of Housing and Buildings and obtain a permit for such planting.
The fee for such permit shall be $25.
C.
Duty to confine bamboo. In the event any species commonly considered
to be classified as "bamboo" or "clumping bamboo," hereinafter defined
as any tropical or semitropical monopodial (leptomorph) rhizome (root)
systems or sympodial (pachymorph) grasses, including but not limited
to Bambusa, Chusquea, Dendrocalamus, Drepanostachyum, Fargesia, Himalayacalamus,
Otatea, Thamnocalamus, Thyrsostachys and Yushania, is located upon
any property, including but not limited to one-family and two-family
residences, within the City of Yonkers, 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.
Measures to confine the bamboo shall include but not be limited to
the installation of a sheathing impenetrable by bamboo, at a sufficient
depth, no less than 18 inches deep, within the property line or lines
to prevent the growth or encroachment of the bamboo upon adjacent
or adjoining property. Failure to do so shall be an offense.
E.
Violations. An owner, occupant, person or corporation upon whom notice
has been served to cut, trim, remove or otherwise eliminate such bamboo
and who, for a period of 30 days after the mailing of such notice,
shall neglect or fail to comply with the provisions of any such notice
shall be deemed to have violated this chapter.
F.
Presumption. In the event that any species commonly considered to
be classified as "bamboo" is found to have encroached, spread, invaded
or intruded upon any other property, public or private, or any right-of-way,
said species shall be presumed to be classified as "running bamboo."
This presumption shall be rebuttable.
G.
Restrictions. Any planting of bamboo on a property which is less
than 10 feet from any public street or right-of-way or less than five
feet from any building shall be limited to a height of no more than
15 feet. No stalks or roots of bamboo shall interfere with any utility
lines, pipes, poles, wires or other services, whether above or below
ground. In such event that any stalks do create a problem, then the
owner or occupant of the property will receive a notice from the Commissioner
ordering him to cut, trim or remove the stalks. Failure to do so will
allow the City of Yonkers to take corrective action.
Any violation of this section shall constitute a Class III offense.
