[HISTORY: Adopted by the Special Town Meeting of the Town of Lexington 10-21-2020 by Art. 5. Amendments noted where applicable.]
A. 
The purpose and intent of this bylaw is to preserve and protect private and Town-owned property and Town-owned rights of way from the damaging spread of running bamboo and to protect indigenous biodiversity threatened by running bamboo.
B. 
Running bamboo that encroaches beyond the running bamboo owner's property or spreads rhizomes and new shoots pose a risk of substantial damage to the structures and land of abutting parcels. As running Bamboo threatens to be destructive to the natural environment and to the enjoyment of public and private property including structures and paved surfaces in the Town of Lexington, the Town hereby declares it necessary to require the control of any existing running bamboo, and to prohibit the planting, replanting, transplanting, installation, or reinstallation of running bamboo on any property in the Town of Lexington subsequent to the effective date of this bylaw.
ENCROACHED or ENCROACHMENT
The encroaching, spreading, invading, or intruding by running bamboo upon any property other than the property on which running bamboo was originally planted.
RUNNING BAMBOO
Any monopodial (running) tropical or semi-tropical bamboo grasses or bamboo species, and any other species of bamboo that is found to have encroached upon any property other than the property on which it was originally planted, including Town-owned property or a Town-owned right-of-way.
RUNNING BAMBOO OWNER
Any property owner, whether a person, firm, trust, corporation or other legal entity, at whose property running bamboo is located. Any property owner who provides satisfactory evidence to the Town Manager or their designee that the property owner did not plant the running bamboo on his or her property, and upon discovery of the encroachment of running bamboo onto his or her property from an abutting property, informed the abutting property owner, by delivery of a written notice by certified mail within a year of the encroachment being discovered, of an objection to the encroachment of the running bamboo, and provides a copy of such written notice to the Town Manager within five days of mailing to the abutting property owner, shall not be considered a running bamboo owner with respect to the abutting property so noticed, but may be considered a running bamboo owner with respect to any other abutting properties, and shall be required to comply with the provisions of § 131-4 of this chapter with respect to any such other abutting properties.
The Town Manager may, but is not required to, consider the following as additional evidence to determine whether a property owner is a running bamboo owner:
a. 
Photographic evidence that the running bamboo began on the running bamboo owner's property and encroached onto the neighboring property;
b. 
The absence of an adequate running bamboo barrier system on the running bamboo owner's property; and
c. 
Any other evidence provided to the Town Manager demonstrating that the running bamboo was not planted on the owner's property.
TOWN MANAGER
The Town Manager or their designee.
A. 
The provisions of this bylaw shall apply to any running bamboo owner. The provisions of this bylaw shall not apply to any running bamboo that has already encroached from a running bamboo owner's property onto any private or Town-owned property or right-of-way before October 21, 2020. Any new bamboo encroachments from a running bamboo owner's property onto any private or Town-owned property or right-of-way on or after October 21, 2020, shall be subject to this bylaw.
B. 
The Town Manager or their designee may, but is not required to, consider the following as additional evidence to determine if a bamboo encroachment on any private or Town-owned property or right-of-way occurred before or after the passage of this bylaw:
a. 
Photographic evidence that the running bamboo encroachment onto the neighboring property occurred after the passage of this bylaw;
b. 
The absence of an adequate running bamboo barrier system on the running bamboo owner's property; and
c. 
Any other evidence provided to the Town Manager or their designee demonstrating that the running bamboo encroachment onto the neighboring property occurred after the passage of this bylaw.
A. 
All running bamboo owners shall confine running bamboo in a manner that will prevent the running bamboo from any encroachment onto any other property or right-of-way. The following shall constitute an adequate barrier system confining the running bamboo:
1. 
A seamless barrier composed of high-density polypropylene, or polyethylene, or a metal barrier with sealed, overlapping and reinforced seams, or an impermeable joint free concrete barrier. The barrier must extend at least 36 inches below the ground surface, and the barrier must extend at least two inches above the ground surface for the entire length of the installation, and the installation must extend such that the possibility of flanking the barrier system is not possible;
2. 
The placement of the running bamboo in a fully enclosed above ground pot or planter; or
3. 
Any other adequate barrier system approved by the Town Manager or their designee.
B. 
Running bamboo owners with running bamboo within four feet of the boundary line of the running bamboo owner's property must install and maintain a barrier preventing the spread of the running bamboo beyond the running bamboo owner's property.
C. 
The Town Manager or their designee shall have the authority to promulgate regulations to accomplish any of the provisions of this bylaw.
D. 
All planting, replanting, transplanting, installation, or reinstallation of running bamboo in the Town of Lexington subsequent to the effective date of this bylaw is prohibited.
A. 
The Town Manager or their designee shall have the authority to enforce the provisions of this bylaw.
B. 
Any running bamboo owner that is found to have violated the provisions of this bylaw may be subject to penalties pursuant to § 131-6 of this chapter.
C. 
In the event running bamboo encroaches onto Town-owned property or any Town-owned right-of-way, the Town Manager or their designee shall notify the running bamboo owner in writing by certified mail, return receipt requested, of such encroachment and/or other violation of this chapter, which order shall:
1. 
Provide notice of the requirement to prevent running bamboo from encroaching onto Town-owned property or a Town-owned right-of-way;
2. 
Specify the nature and location of the violation;
3. 
When applicable, order that the running bamboo owner remove all portions of the running bamboo from the Town property or the Town-owned right-of-way, and construct an adequate barrier system to prevent any further encroachment; and
4. 
State that the failure to comply with the notice and order will lead to the running bamboo owner being held liable to the Town for the cost of removal of the encroachment, fines that may be imposed pursuant to § 131-6, and the Town's cost to install a barrier pursuant to the provisions of this bylaw.
D. 
The running bamboo owner must obtain and comply with all applicable federal, state, and local permits, licenses and other requirements necessary to remove the running bamboo from any Town property or the Town right-of-way.
E. 
If the running bamboo owner fails to remove the running bamboo as directed in the order sent pursuant to this section, the Town may remove the running bamboo that has encroached onto Town-owned property or onto a Town-owned right-of-way. The Town may also construct a barrier designed to contain the running bamboo and prevent further intrusion. The cost of the removal of the running bamboo and the installation of a barrier shall be charged to the running bamboo owner. The Town shall not be liable to the running bamboo owner for damages caused as a result of the running bamboo removal and the running bamboo owner shall be liable for any and all damages to Town-owned property or rights-of-way or property owned by any third party, and expenses related thereto.
F. 
If the Town causes running bamboo to be removed from Town-owned property or from a Town-owned right-of-way, or causes a barrier to be installed, a statement of cost thereof shall be mailed to the running bamboo owner by certified mail, return receipt requested with a demand for immediate payment to the Town for all such costs.
Any running bamboo owner that is in violation of this bylaw may be fined $100 per day for each day that the running bamboo remains unconfined on the running bamboo owner's property, or is in violation of any other provisions of this chapter. Any such penalty or penalties may be enforced through noncriminal disposition as provided by MGL c. 40, § 21D.
The provisions of this chapter are severable. If any section, provision or portion of this bylaw is determined to be invalid by a court of competent jurisdiction, the remaining provisions of this bylaw shall continue to be valid.