[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point 2-28-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
The purpose of this chapter is to preserve and protect private and public property from the damaging spread of certain running bamboo grasses, protect plant materials from the invasive spread of bamboo and maintain the general welfare of the residents of the Village of Sands Point (the "Village").
As used in this chapter, the following terms shall have the meanings indicated:
- BAMBOO OWNER
- Any property owner or resident who has planted and/or grows running bamboo, or who maintains running bamboo on the property, or who permits running bamboo to grow or remain on the property even if the running bamboo has spread from an adjoining property. Any property owner or resident at whose property running bamboo is found will be considered a Running bamboo owner, except any property owner or resident who:
- A. Has provided satisfactory proof to the Village that, within one year of discovering the encroachment of running bamboo onto his or her property from an adjoining neighboring property, advised the owner of such property of an objection to the encroachment of the running bamboo; or
- B. Can otherwise prove to the satisfaction of the Building Commissioner, or his or her designee, that the running bamboo originated from an adjacent property owner, spread onto his or her property without his or her consent, and the resident took reasonable measures to mitigate the further spreading of the running bamboo on his or her property within one year of discovery.
In the event any bamboo is found to have encroached, spread, invaded, or intruded upon any other property or right-of-way, said species shall be presumed to be classified as "running bamboo." This presumption shall be rebuttable. For the purposes of this section, bamboo found growing upon a property shall constitute presumptive evidence that the bamboo was planted and/or grown by and/or with the consent of the bamboo owner.
Upon the effective date of this provision the planting of running bamboo shall be prohibited within the Village. Any person, owner, agent for such owner, firm or corporation in possession of any improved or unimproved real property, who thereafter plants or causes to be planted any such running 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.
In the event any species of running bamboo is located upon any property within the Village, the owner of said property shall confine such species to prevent the encroachment, spread, invasion, or intrusion of same onto any property or right-of-way.
Any running bamboo that has been planted or otherwise permitted to grow on any property within the Village prior to the effective date of this section may remain on such property subject to compliance with this section.
Running bamboo shall not be planted, maintained or otherwise be permitted to exist within 10 feet of the edge of the pavement or traveled portion of any public roadway in the Village.
Any bamboo owner whose property contains running bamboo shall remove and abate the growth of the running bamboo within 10 feet of the edge of the pavement or traveled portion of a public road in the Village.
Each bamboo owner shall be responsible to ensure that the running bamboo planted or growing on the property prior to the effective date of this section does not encroach or grow upon any adjoining or neighboring property or properties, including all public property and Village rights-of-way.
Each bamboo owner shall be required to take such measures as are reasonably expected to prevent such running bamboo from invading or growing onto adjoining or neighboring properties. Such measures shall include, but not be limited to, installation of sheathing impenetrable by running bamboo at a sufficient depth within the property line or lines where the running bamboo is planted or is growing to prevent the growth or encroachment upon adjoining or neighboring property by the running bamboo.
All running bamboo which migrates onto adjacent properties shall be deemed a public nuisance, and no resident of the Village or property owner shall have any vested or nonconforming right to continue maintenance of that running bamboo that has migrated onto an adjacent property, whether or not it preexisted the adoption of this regulation.
An owner, tenant, or occupier of property, after being given notice of the occurrence of a migration or trespass upon adjacent property by running bamboo planted upon and originating from his or her property, shall be required to take appropriate measures to remove the running bamboo and prevent any further migration.
An owner, tenant, or occupier of property, after being given notice of the occurrence of a migration or trespass upon adjacent property by running bamboo planted upon and originating from his or her property shall be responsible for the cost of removing the running bamboo from the adjacent property, and for any damage to the adjacent property reasonably caused by the running bamboo and its removal.
Any running bamboo either planted or caused to be planted or existing on a property prior to the effective date of this chapter may not be replanted or replaced in kind once such running bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed. In addition, all dead, destroyed, uprooted or otherwise removed running bamboo shall be disposed off site in a manner that will not permit the removed plants to repropogate in the Village.
The Village shall notify the owner, tenant, or occupier of any property which is in violation of any section of this chapter, and the notice shall specify a time, not less than 15 days, to comply with the provisions therein. Said notice shall be in writing and served personally or by certified mail or nationally recognized courier. Service shall be deemed complete on the day the delivery or mail is completed.
Any person or corporation violating any provisions of §§ 46-4 and 46-7 of this chapter, prohibiting the planting and replanting of running bamboo, or §§ 46-5 and 46-6 of this chapter, prohibiting the maintaining, growing, or failure to remove running bamboo in violation of these regulations, shall be deemed guilty of a violation and, upon conviction, shall be liable for:
A fine not exceeding $300 for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $300 nor more than $500; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $500 nor more than $700; or
A civil penalty not exceeding $300 for a first offense; for a conviction of a second offense, both of which were committed within a period of five years, a civil penalty of not less than $300 nor more than $500; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a civil penalty not less than $500 nor more than $700.
Each quarter-annual period of continued violation shall constitute a separate additional violation, for which separate and additional fines and punishment or civil penalties may be imposed and recovered.
In the event the penalty sought is within the monetary jurisdiction of the Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as shall be determined by the Village Attorney, be commenced in the appropriate court as a small claim action.
The imposition of a penalty or fine as provided above or as specifically provided in any chapter of the Village Code or local law, ordinance, rule or regulation of the Village shall be in addition to any injunctive or remedial relief for any civil penalty which is authorized under the laws of the Village of Sands Point, with the same force and effect as though provided for herein. Such penalty or fine shall not be deemed to be in lieu of any provision for revocation or suspension of any license or permit.
The penalty provisions of this section shall not take effect for a six-month period following the date the local law adopting this chapter is filed in the Office of the Secretary of State of the State of New York.
If any section or provision of this chapter shall be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate any other part of this chapter or the remainder thereof, but shall by confined in its operation to the section or provision or part thereof directly involved in the controversy in which such judgment shall be rendered.