[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 9-26-2022 by L.L. No. 4-2022. Amendments noted where applicable.]
A. 
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. 
As used in this chapter, the following terms shall have the meanings indicated:
BAMBOO
Any tropical or semitropical grasses or plants with monopodial (leptomorph) rhizome (root) systems which typically send off rhizomes far away from the plant, including, but not limited to, the following plant genera: arrow bamboo, Arundinaria, Bambusa, Chimonobambusa, common bamboo, yellow groove bamboo, golden bamboo, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, and Semiarundinaria.
BAMBOO PROPERTY OWNER
A property owner in the Village of Bayville who has planted or grown or caused the planting or growing of bamboo on their property and/or permitted or permits the growing of bamboo on their property that had initially encroached onto their 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 they shall provide the Building Department with proof, satisfactory to the Building Inspector, that within a reasonable period of time after they first learned of the encroachment of bamboo on their property from an adjoining or neighboring property, they advised the owner of such adjoining or neighboring property of their objection to the encroachment of bamboo onto their property and/or indicated steps for the removal of the bamboo from their property.
Effective upon the date that this provision shall become law, the planting or growing of bamboo shall be prohibited within the Village of Bayville.
In the event any species of bamboo is located upon any property within the Village of Bayville, 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 Bayville 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 violating this chapter shall be fined not more than $500 and/or sentenced to not more than 15 days in jail for each offense.