[HISTORY: Adopted by the Borough Council of the Borough of
Bay Head 5-7-2018 by Ord. No. 2018-10. Amendments noted where applicable.]
The purpose of this chapter is to protect and promote the public
health through the control of the growth of invasive plant species.
As used in this chapter, the following term shall have the meaning
indicated:
Vegetation which, by its nature, grows beyond the property
of its owner, and causes a neighboring property owner potential hardship
due to the vegetation being overly competitive, poisonous, allergenic,
illegal by state statute, or hazardous to the neighboring property's
structures and facilities is deemed to be "invasive" for the purposes
of this chapter.
The most widespread examples are garlic mustard, Japanese knotweed,
autumn olive, multiflora rose, Japanese barberry and for the purposes
of this ordinance, bamboo. More recent emerging examples are yellow
iris, English ivy, Siebold's viburnum, kudzu, porcelainberry,
wisteria, butterfly bush.
All persons must control the growth of invasive plants. Failure
to control significant spread of such vegetation beyond the boundaries
of a resident's property is a violation of this chapter. Spread
is significant when the plant's roots grow beyond the boundaries
of your yard, or grow through or over a neighbor's fencing, plants
or other landscaping.
All places and premises in the Borough of Bay Head shall be
subject to inspection by the Code Enforcing Officer. Such inspections
shall be performed by such person, persons or agency duly authorized
and appointed by the Borough of Bay Head. Such inspection shall be
made if that official has reason to believe that any section of this
chapter is being violated.
A.
Whenever an invasive plant as defined by this chapter is found to
have spread beyond the boundaries of a property, a violation shall
be given to the owner of the property from which the invasive species
has spread, in writing, to remove or abate the same within 30 days.
The cost of all remedies, including the removal of plantings of invasive
plants, shall be borne by the owner of the property from which the
invasive species has spread.
B.
For a violation of any provision of this chapter, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment
for up to 90 days or a period of community service not exceeding 90
days, or any combination thereof. Except as otherwise provided, each
and every day in which a violation of any provision of this chapter
exists shall constitute a separate violation.
C.
Notwithstanding any other penalty or fine which may be imposed under
this section, if an owner fails to comply with the removal or abatement
of an invasive plant, the Borough may thereafter remove or otherwise
abate the planting and thereafter recover the costs of such removal
or abatement from the property owner by placing a lien against the
property.
