[HISTORY: Adopted by the Borough Council of the Borough of Rockledge 8-10-2015 by Ord. No. 649. Amendments noted where applicable.]
The purpose of this chapter is to preserve and protect private and public property from the damaging spread of certain running bamboo grasses, protect indigenous plant materials from the invasive spread of running bamboo and maintain the general welfare of the residents of the Borough of Rockledge.
A. 
Definition. For the purposes of this chapter, the following term shall have the meaning given herein:
BOROUGH
The Borough of Rockledge, County of Montgomery, Commonwealth of Pennsylvania.
B. 
Containment. Upon the effective date of this chapter, any person who plants bamboo on his or her property must simultaneously install any containment device or material necessary to ensure that the bamboo cannot spread. Such measures shall include, but shall not be limited to, installation of sheathing comprised of metal or other material impenetrable by bamboo at a sufficient depth to prevent the spreading of the bamboo. Any person who, after the effective date of this chapter, plants or grows, or causes to be planted or grown, bamboo within the Borough without simultaneously installing such a containment device or material shall be deemed to be in violation of this chapter and shall be subject to such penalties as are set forth hereunder.
C. 
Regulation. Any person who has planted bamboo or has permitted bamboo to grow on his or her property prior to the effective date of this chapter may keep the bamboo on his or her property. subject to compliance with the following:
(1) 
The bamboo shall be removed and its growth abated within 40 feet of the edge of the pavement or traveled portion of a public road in the Borough and shall be removed and its growth abated within five feet of any other property line; and
(2) 
The person shall take such measures as may be necessary to prevent the bamboo on his or her property from invading or growing onto adjoining or neighboring properties. Such measures shall include, but shall not be limited to, installation of sheathing comprised of metal or other material impenetrable by bamboo at a sufficient depth within the property line or lines where the bamboo is planted or is growing to prevent the growth or encroachment upon adjoining or neighboring property by the bamboo.
D. 
Removal.
(1) 
In the event that bamboo growing on a person's property invades or grows on a public right-of-way or an adjoining property that is owned by the Borough, the Borough shall notify the property owner in writing that the bamboo has invaded the Borough property and that the property owner is responsible for the removal of such bamboo from the Borough property. This notice shall be sent by certified mail, return receipt requested, and by regular mail to the latest address of the property owner on file with the Borough. A copy of the notice shall also be posted at the person's property.
(2) 
In the event that the property owner does not remove or contract for the removal of the bamboo from the Borough property, or does not make an arrangement with the Borough for the removal of such bamboo within 30 days from the date the Borough first provided notice pursuant to the above, the Borough, at its discretion, may remove or arrange for the removal of such bamboo from the Borough property. The property owner shall be liable and responsible to the Borough of all costs incurred in removing the bamboo from the Borough property. Such costs may be assessed against the property owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating any of the provisions of this chapter shall, in addition to other charges hereinbefore provided for, upon conviction before any Magisterial District Justice, be guilty of a summary offense and shall be required to pay fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each and every day on which any person, firm or corporation shall be in violation of this chapter shall constitute a separate offense.
In the event that any section, sentence, clause or word of this chapter shall be declared illegal, invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose the validity of the remaining portions of this chapter.
All ordinances or parts of ordinances inconsistent herewith or in conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or conflicts, are hereby specifically repealed.