[HISTORY: Adopted by the Board of Trustees of the Village
of Patchogue 10-15-2019 by L.L. No. 4-2019. Amendments noted where
applicable.]
A.Â
The following definitions shall govern the interpretation of this
chapter unless otherwise expressly defined herein. Words used in the
singular shall include the plural and vice versa. The word "shall"
is always mandatory.
B.Â
BAMBOO
BAMBOO PROPERTY OWNER
As used in this chapter, the following terms shall have the meanings
indicated:
Any tropical or semitropical grasses with monopodial (leptomorph)
rhizome (root) systems which typically send off rhizomes far away
from the plant, including, but not limited to, the follow plant genera:
Arrow Bamboo, Arundinaria, Bambusa, Chimonobambusa, Common Bamboo,
Yellow Groove Bamboo, Golden Bamboo, Phyllostachys, Pleioblastus,
Pseudosasa, Sasa, Sasaella, and Semiarundinaria.
A property owner in the Village of Patchogue who has planted
or grown or caused the planting or growing of bamboo on his property
and/or permitted or permits the growing of bamboo on his property
that had initially encroached onto his property from an adjoining
or neighboring property.
For purposes of this chapter, if bamboo is found growing upon
a property, that shall constitute presumptive evidence that the growing
of bamboo on the property shall have occurred with the consent of
the owner of such property, except that such property owner shall
not be presumed to be a bamboo property owner if the property owner
did not plant or grow or cause said bamboo to be planted or grown
on this property and he shall provide the Building and Housing Department
with proof, satisfactory to the Building Inspector, that within a
reasonable period of time after he first learned of the encroachment
of bamboo on his property from an adjoining or neighboring property,
he advised the owner of such adjoining or neighboring property of
his objection to the encroachment of bamboo onto his property and/or
indicated steps for the removal of the bamboo from his property.
Effective upon the date that this provision shall become law,
the planting or growing of bamboo shall be prohibited within the Village
of Patchogue.
In the event any species of bamboo is located upon any property
within the Village of Patchogue, the owner or occupant of said property
shall confine such species to prevent the encroachment, spread, invasion
or intrusion of same onto any other property or right-of-way.
Any property owner upon whose property bamboo has been planted
or otherwise permitted to grow on any property within the Village
of Patchogue shall remove, confine or abate the growth of the bamboo
so long as no part of the plant (including stalks, branches, leaves,
and/or roots) extends within 10 feet of any property line, street,
sidewalk, or public right-of-way.
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.
