This chapter shall be known and may be cited as the "Palmer
Township Bamboo Ordinance."
Palmer Township has determined that the planting, cultivating
and growing of certain running plants and grasses, particularly those
plants and/or grasses commonly referred to as "bamboo," within the
Township of Palmer has a negative impact on the health, safety and
welfare of the citizens of Palmer Township and the public at large,
as the uncontrolled planting, cultivating and growth of said bamboo
plants and/or grasses results in the destructive spread of said plants
and/or grasses onto private and public property and thereby constitutes
a nuisance within Palmer Township. Palmer Township has therefore determined
that is in the best interests of the citizens of Palmer Township and
the public at large to control the planting, cultivating and/or growing
of said bamboo plants and/or grasses within the Township of Palmer,
primarily by prohibiting the future planting, cultivating and/or growing
of said bamboo plants and/or grasses within Palmer Township, and by
requiring the use of barriers to prevent the invasive spread of existing
bamboo plants and/or grasses within Palmer Township.
As used in this chapter, the following terms shall have the
meanings indicated:
BAMBOO
Any monopodial (running) tropical or semitropical grasses
from the genera Bambusa, including, but not limited to, Bambusa, Phyllostachys,
Fallopia and Pseudosasa, as well as Common Bamboo, Golden Bamboo,
Arrow Bamboo, and Japanese Bamboo.
BAMBOO OWNER
Any property owner and/or resident, corporation and/or other
entity who has planted and/or grows bamboo, or who maintains and/or
cultivates bamboo on his/her/its property, or who permits bamboo to
grow or remain on property even if the bamboo has spread from an adjoining
property. Any property owner and/or resident, corporation and/or other
entity owning, residing, occupying or doing business on property on
which bamboo is found shall be considered a bamboo owner. A property
owner and/or resident, corporation and/or other entity will not be
considered to be a bamboo owner if:
A.
He/she/it has provided satisfactory proof to Palmer Township
that, within a reasonable period of time not to exceed 60 days after
discovering the encroachment of bamboo onto the subject property from
an adjoining or neighboring property, he/she/it advised the owner
of such property of his/her/its objection to the encroachment of the
bamboo; and
B.
He/she/it has initiated steps for the removal of the bamboo
from the property, including remedies at law.
TOWNSHIP
Palmer Township, Northampton County, Pennsylvania.
Any person, property owner, tenant, and/or other individual,
entity, and/or corporation who violates any of the provisions of this
chapter shall, upon conviction before any Magisterial District Justice,
be guilty of a summary offense and shall be required to pay a fine
not exceeding $1,000 and costs of prosecution, in addition to all
other costs hereinbefore provided. Each and every day on which any
person, property owner, tenant, and/or other individual, entity, and/or
corporation shall be in violation of the provisions of this chapter
shall constitute a separate offense.