The Borough Council of New Britain Borough recognizes that a
variety of vegetation in the Borough is desirable as it promotes soil
and air quality, prevents erosion, and is aesthetically pleasing.
Borough Council also recognizes that bamboo and other noxious or invasive
plants do not promote a variety of vegetation. In some cases, noxious
or invasive plants emit pollens and irritants into the air; in other
cases, noxious or invasive plants overtake native plants and wildflowers.
Therefore, it is the intent of this chapter to encourage the propagation
of wildflowers and native species by controlling the planting, cultivating,
or growing of certain running bamboo grasses and certain other noxious
and invasive species in the Borough, and requiring barriers to prevent
the invasive spread of existing running bamboo and other noxious and
invasive species into other areas of the Borough.
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.
NOXIOUS AND INVASIVE SPECIES
In addition to bamboo, any species listed on the most recent
Pennsylvania Noxious Weed Control List, maintained by the Pennsylvania
Department of Agriculture, or its equivalent; also, the following
species:
A.
Cannabis sativa, commonly known as "marijuana."
B.
Cirsium arvense, commonly known as "Canadian thistle."
C.
Rosa multiflora, commonly known as "multiflora rose."
D.
Sorghum halepense, commonly known as "Johnson grass."
E.
Carduus nutans, commonly known as "musk thistle."
F.
Cirsium vulgare, commonly known as "bull thistle."
G.
Datura stramonium, commonly known as "jimsonweed."
H.
Polygonum perfoliatum, commonly known as "mile-a-minute."
I.
Pueraria lobata, commonly known as "kudzu vine."
J.
Sorghum bicolor, commonly known as "shattercane."
K.
Heracleum mantegazzianum, commonly known as "giant hogweed."
L.
Galega officinalis, commonly known as "goat's rue."
M.
Lythrum salicaria, commonly known as "purple loosestrife."
N.
Polygonum cuspidatum, commonly known as "Japanese knotweed."
PROPERTY OWNER
Any legal owner, resident, occupant, or responsible entity,
who has planted and/or grows bamboo or other noxious and invasive
species, or who maintains bamboo or other noxious or invasive species
on his/her property, or who permits bamboo or other noxious or invasive
species to grow or remain on the property even if the bamboo or other
noxious or invasive species has spread from an adjoining property.
Any property owner or resident at property on which bamboo or other
noxious or invasive species is found will be considered a property
owner, except any property owner, resident, occupant, or responsible
entity who/that:
A.
Has provided satisfactory proof to the Borough that, within
a reasonable period of time after discovering the encroachment of
bamboo or other noxious or invasive species onto the property, from
an adjoining or neighboring property, he/she/it has advised the owner
of such property of his/her/its objection to the encroachment; and
B.
Has initiated steps for the removal of the encroaching bamboo
or other noxious or invasive species, including notifying the Borough
of the encroachment or otherwise exercising private remedies at law.
Any bamboo or other noxious or invasive species which is removed
after the effective date of this section, whether by death, destruction
or other method, may not be replanted unless such replanting is consistent
with the provisions of this section that apply to new plantings.
Any person, firm or corporation found to be in violation of
any of the terms, conditions or provisions of this chapter shall,
in addition to any other remedies provided hereunder, upon conviction
before any Magisterial District Judge, be guilty of a summary offense
and shall be required to pay a fine not exceeding $1,000 plus the
costs of prosecution. Each day that a violation continues after due
notice shall constitute a separate offense.