This chapter shall be known and may be cited as the "Middletown
Township Bamboo Ordinance."
The Township has determined that the planting, cultivating and
growing of certain running noxious plants and grasses, particularly
those plants and/or grasses commonly referred to as "bamboo," within
the Township of Middletown has a negative impact on the health, safety
and welfare of the citizens of Middletown Township and the public
at large, as the uncontrolled planting, cultivating and growth of
said bamboo plants and grasses results in the destruction of private
and public property and constitutes a nuisance within the Township.
The Township has therefore determined that is in the best interests
of the citizens of Middletown Township and the public at large to
control the planting, cultivating and/or growing of said bamboo plants
and grasses within the Township of Middletown, primarily by prohibiting
the future planting, cultivating and/or growing of said bamboo plants
and grasses within the Township, and by requiring the use of barriers
to prevent the invasive spread of existing bamboo plants and grasses
within the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
BAMBOO
Any monopodial (running) tropical or semitropical grasses
from the genera Bambusa, including, but not limited to, Bambusa, Phyllostachys,
Fallopia and Pseudosasa, as well as common bamboo, golden bamboo,
arrow bamboo, and Japanese bamboo.
BAMBOO OWNER
Any property owner and/or resident who has planted and/or
grows bamboo, or who maintains and/or cultivates bamboo on his/her
property, or who permits bamboo to grow or remain on the property
even if the bamboo has spread from an adjoining property. Any property
owner and/or resident of property on which bamboo is found shall be
considered to be a bamboo owner. A property owner and/or resident
will not be considered to be a bamboo owner if:
A.
He has provided satisfactory proof to the Township that, within
a reasonable period of time after discovering the encroachment of
bamboo onto the subject property from an adjoining or neighboring
property, he advised the owner of such property of his/her objection
to the encroachment of the bamboo; and
B.
He has initiated steps for the removal of the bamboo from the
property, including remedies at law.
TOWNSHIP
The Township of Middletown, Bucks County, Pennsylvania.
Any person, property owner, tenant, and/or other individual,
entity, and/or corporation who violates any of the provisions of this
chapter shall, upon conviction before any Magisterial District Justice,
be guilty of a summary offense and shall be required to pay a fine
not exceeding $1,000 and costs of prosecution, in addition to all
other costs hereinbefore provided. Each and every day on which any
person, property owner, tenant, and/or other individual, entity, and/or
corporation shall be in violation of the provisions of this chapter
shall constitute a separate offense.