[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 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;
A.
Provide written notice to a property owner to remove the bamboo within
a certain period of time.
B.
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.
C.
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.
A.
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.
B.
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.
