[Ord. 829, 10/3/2016]
The provisions of this Part are enacted to control the planting,
growing, or cultivating of certain species of plants in Fountain Hill
Borough, so as to prevent the spread of noxious vegetation and its
trespass onto public lands and rights-of-way, as well as private property.
Therefore, it is the intent of this Part to ensure that the plant
species named herein do not become a threat to the public health,
safety and welfare.
[Ord. 829, 10/3/2016]
The following words and terms, as used in this Part, shall be
construed and defined as follows, unless the context clearly indicates
otherwise:
PLANT
A living organism exemplified by trees, flowers, grasses,
shrubs, herbs, mosses, and ferns; and shall be understood to mean
any and all of its parts, including, but not limited to: the roots,
stem and stalk, leaves, seed pods, flowers and fruit.
RESTRICTED VEGETATION
Any plant that is determined by the Fountain Hill Borough
Council to be injurious to public health or property; and shall be
understood to include running bamboo.
RUNNING BAMBOO
All species of running bamboo, including, but not limited
to: Acidosasa, Arundinaria, Bashania, Brachystachyum, Chimonobambusa,
Gelidocalamus, Indocalamus, Indosasa, Ochlandra, Phyllostachys, Pleioblastus,
Pseudosasa, Sasa, Sasaella, Semiarundinaria, Shibataea and Sinobambusa.
[Ord. 829, 10/3/2016]
Any person violating the provisions of this Part shall, upon
conviction thereof before any Magisterial District Justice, be subject
to pay a fine of $100 per day for each day that the violation persists,
as well as court costs, legal fees and any other fees incurred by
the Borough to enforce this Part against the responsible party. Each
day of a continuing violation shall constitute a separate offense,
for which a separate fine shall be levied.