[HISTORY: Adopted by the Board of Supervisors of the Township of Moore 8-4-2021 by Ord. No. 2021-03. Amendments noted where applicable.]
This chapter shall be known and entitled "Moore Township Bamboo Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
This chapter is enacted pursuant to Section 1529 of the Second Class Township Code, 53 P.S. § 66529, entitled "Nuisances."
The following words and terms shall, for the purposes of this chapter, have the meanings set forth herein:
BAMBOO
All bamboo species, including but not limited to Bambusa, Phyllostachys, and Pseudosasa, and including common bamboo, golden bamboo and arrow bamboo (collectively "bamboo").
OCCUPANT
Any person residing in or otherwise in actual possession of real property.
OPERATOR
Any person who has charge, care or control of real property which is let or offered for occupancy by others.
OWNER
Any person having a legal or equitable interest in real property or recorded in the Office of the Recorder of Deeds of Northampton County, Pennsylvania, as holding legal or equitable title to real property, including the guardian of the estate or the executor or administrator of the estate of any such person.
PERSON
Any individual, corporation, partnership, trust or other entity, including the officers of corporations and partners or partnerships.
Growing or maintaining bamboo in such a manner that the bamboo spreads, invades or grows on an adjoining or neighboring property is prohibited. Any property owner or resident who has planted or maintains bamboo (bamboo property owner) shall be required to take such measures that are reasonably expected to prevent such bamboo from invading or growing onto adjoining or neighboring properties. Such measures shall include, but not be limited to, installation of sheathing comprised of metal or other material impenetrable by bamboo at sufficient depth within the property line or lines where the running bamboo is planted or growing to prevent the growth or encroachment upon adjoining or neighboring property by the bamboo.
Any Township Code Enforcement Officer, Zoning Officer or police officer may give a notice of violation to any owner, occupant or operator of real property which is in violation of § 79-4 above. The notice shall be dated and in writing and may be served by hand delivering the notice to said owner, occupant or operator at the real property or mailing the notice to the last-known address of said owner, occupant or operator by both certified and first-class United States mail, postage prepaid. If service is made by mail as aforesaid and both the certified and first-class mail are returned by the United States Postal Service as undelivered, the notice may be served by posting the notice at the real property in a conspicuous location. The notice shall inform the recipient that the real property is in violation of § 79-4 above, shall identify the real property by street address or Northampton County Uniform Parcel Identifier Number and shall require said person to correct the violation within seven days of the date of the notice.
A. 
Any person who shall violate any provision of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine or penalty to the Township as follows:
(1) 
For a first offense, the sum of $100 plus costs.
(2) 
For a second offense, the sum of $300 plus costs.
(3) 
For a third offense, the sum of $600 plus costs.
(4) 
For all subsequent offenses, the sum of $1,000 plus costs.
B. 
Provided, nevertheless, that in the event a person who has been convicted hereunder fully complies with the provisions of this chapter for a period of 24 consecutive months, then all previous convictions shall be disregarded for the purpose of determining the number of offenses and any next offense shall be a first offense for purposes of this section. In default of payment of said fine and penalty, such person shall be sentenced to a term of imprisonment not to exceed 90 days.
In the event any of the provisions of this chapter is declared unconstitutional, unlawful, or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this chapter or of this chapter as a whole, but shall continue in full force and effect as though the unconstitutional, unlawful, or unenforceable provision had never been a part hereof.
All ordinances or parts of ordinances conflicting or inconsistent with the provisions of this chapter hereby adopted are hereby repealed.