[Ord. No. 2011-06, 8/2/2011]
This Part shall be known as an "Ordinance to Prohibit Bamboo
along a Public Highway."
[Ord. No. 2011-06, 8/2/2011]
This Part shall regulate the growing of Bamboo species, as defined
by the United States Department of Agriculture (list attached hereto
as Exhibit 1[1]), including, but not limited to, Bambusa, Phyllostachys,
and Pseudosasa, including common bamboo, golden bamboo, arrow bamboo.
[1]
Editor's Note: Exhibit 1 is included as an attachment to this chapter.
[Ord. No. 2011-06, 8/2/2011]
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 roadway in Valley Township.
[Ord. No. 2011-06, 8/2/2011]
Property owners whose property contains bamboo shall remove
and abate the growth of the Bamboo within 40 feet of edge of the pavement
or traveled portion of a public road in Valley Township.
[Ord. No. 2011-06, 8/2/2011]
1.
The Township may enforce this Part 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 highway and is growing within the right-of-way of a public
road within 40 feet of edge of the pavement or traveled portion of
a public road and charge the property owner with the cost of that
work.
C.
Issue a non-traffic citation to the property owner(s) for violation
of this Part.
[Ord. No. 2011-06, 8/2/2011]
1.
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.
2.
Any action by any person, firm, corporation or other entity which
violates or does not comply with any provision of this Part or any
regulation thereof shall be punishable by fine(s) as established in
this section. Each day that a violation occurs shall be considered
a separate violation.
3.
Upon conviction, the fine shall not be less than $50 and may be punishable
by a fine not to exceed $500 and/or incarceration in the county prison
for not more than five days.
[Ord. No. 2011-06, 8/2/2011]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect any
of the remaining provisions, sentences, clauses, sections, or parts
of this Part. It is hereby declared as the intent of the Board of
Supervisors that this Part would have been adopted had such unconstitutional,
illegal, or invalid sentence, clause, section or part thereof not
been included herein.
[Ord. No. 2011-06, 8/2/2011]
This Part shall be effective five days following adoption.
