[HISTORY: Adopted by the Board of Trustees of the Village of Lloyd Harbor 3-21-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
A. 
Purpose. The purpose of this chapter is to promote and protect the property, property values and welfare of the residents of the Village of Lloyd Harbor, their guests and visitors to the Village, and to protect the property and preserve the ecology and aesthetic qualities of the environment of the Village of Lloyd Harbor.
B. 
Intent. It is the finding of the Board of Trustees that the planting and the growing of bamboo within the Village of Lloyd Harbor has been and will continue to be destructive to the natural environment, including indigenous flora, and destructive to properties in any manner within the Village adjoining and neighboring those properties where bamboo has been planted and permitted to grow; that because of these effects the planting and the growing of bamboo threatens the safety, value and physical integrity of both public and private property in the Village; and that therefore, in order to protect and preserve the ecology, environment and property values, the Village declares it necessary to regulate and/or prohibit the planting and growing of bamboo within the Village.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BAMBOO
Any tropical or semitropical grass of the genera Bambusa, Dendrocalamus or of any other related genera.
BAMBOO PROPERTY OWNER
A property owner in the Village who has bamboo on his property.
The planting of bamboo shall be prohibited within the Village of Lloyd Harbor upon the effective date of this chapter. Any person who plants, or causes to be planted, bamboo within the Village shall be deemed to be in violation of this section, and shall be subject to such penalties as are set forth hereunder.
A. 
Any bamboo which has been planted or otherwise permitted to grow in any property within the Village of Lloyd Harbor prior to the effective date of this chapter may remain on such property subject to compliance with this chapter. Each bamboo property owner shall be responsible to ensure that the bamboo planted or growing on his property prior to the effective date of this chapter does not grow, encroach or grow upon any adjoining or neighboring properties, including public property and rights-of-way held by the Village, and shall be required to take such measures as are necessary to prevent such bamboo from invading or growing onto adjoining or neighboring properties.
B. 
No bamboo property owner within the Village of Lloyd Harbor shall cause, suffer, or allow bamboo to be planted, maintained, grow, spread or otherwise be permitted to exist outside of any property line, or within any street, sidewalk, or public right-of-way.
A. 
In the event that bamboo growing on a bamboo property owner's property invades or grows onto property that is owned or held on behalf of the Village of Lloyd Harbor, the Village shall notify the bamboo property owner that the bamboo has invaded such property, and that the bamboo property owner is responsible for the removal of such bamboo. This notice shall be sent by certified mail return receipt requested and regular mail to the latest address of the bamboo property owner on file with the Village Clerk's records.
B. 
In the event that the bamboo property owner does not remove said bamboo from the Village property within 30 days from the date the Village first deposited the notice as provided in § 64-5A above, then the Village, at its discretion, may remove or arrange for the removal of such bamboo from the Village property, and the bamboo property owner shall be liable and responsible to the Village for the Village's costs of removing the bamboo. Such costs may be assessed against the property of the bamboo property owner. In the event that the costs remain unpaid more than 30 days after demand for payment has been made by the Village, such costs may be assessed upon and collected with the next tax levy of the Village.
Replanting shall be prohibited, unless otherwise permitted and approved by the Board of Trustees. Any bamboo either planted or caused to be planted or existing on a property prior to the effective date of this section may not be replanted or replaced in kind once such bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed.
A. 
Any property owner convicted of an offense shall be guilty of a violation as defined in the Penal Law.
B. 
A violation of two or more sections of this chapter, or provisions within a section, shall be separate and distinct offenses for which a fine may be levied.
C. 
Each and every week a violation exists or continues shall constitute a separate and distinct violation conviction for which shall be an additional offense.
D. 
Each violation of this chapter shall be punishable by a fine not to exceed $350.
E. 
Any violation of this chapter may be enjoined pursuant to law.
F. 
The remedies provided for herein shall be cumulative, and shall be in addition to any other remedies provided by law, including injunctive relief.
In the event that any portion or portions of this chapter shall be determined to be invalid or unenforceable for any reason, the remainder of the chapter and its provisions shall remain in full force and effect.