[Adopted 6-21-2017 by Ord. No. 269]
This article shall be known as an "Ordinance to Prohibit Bamboo Along a Public Thoroughfare."
The Township has determined that the planting, cultivating and growing of certain noxious plants and grasses, particularly those plants and/or grasses commonly referred to as "bamboo," has a negative impact on the health, safety and welfare of the citizens of Worcester Township and the public at large. The Township has therefore determined that is in the best interests of the citizens of the Township and the public at large to prohibit the planting, cultivating and/or growing of said bamboo plants and grasses within the public right-of-way.
For the purposes of this article, the following definitions shall apply:
- Any monopodial tropical or semi-tropical grasses from the genera Bambusa, Phyllostachys, or Pseudosasa, including, but not limited to, Phyllostachys aurea (Golden bamboo), Bambusa vulgaris (common bamboo), and Pseudosasa japonica (Arrow bamboo).
- PUBLIC THOROUGHFARE
- Public highways, streets, roadways, trails, paths, and sidewalks.
Bamboo shall not be planted, maintained or otherwise be permitted to exist within 40 feet of the edge of the pavement or traveled portion of any public thoroughfare in Worcester Township. This shall apply to all parts of the bamboo plant, including stalks, leaves, roots, and branches.
Property owners whose property contains bamboo shall remove and abate the growth of the bamboo within 40 feet of the edge of the pavement or traveled portion of a public thoroughfare in Worcester Township. After removal of the bamboo, all rhizomes shall be disposed of by incineration.
The Township may enforce this article by any or all of the following measures;
Provide written notice to a property owner to remove the bamboo within a certain period of time.
Move or cause the removal of any bamboo that is interfering with the public thoroughfare and is growing within the right-of-way of a public thoroughfare within 40 feet of edge of the pavement or traveled portion of a public thoroughfare and charge the property owner with the cost of that work.
Issue a nontraffic citation to the property owners for violation of this article.
A notice of violation may be issued, followed by a citation, or a citation may be issued without being preceded by a notice of violation.
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this article or any regulation thereof shall be punishable by fine(s) as established in § 126-17B of this article. Each day that a violation occurs shall be considered a separate violation.
Any person, firm, corporation or other entity who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.