[Adopted 8-23-2016 by Ord. No. 16-39]
The purpose of this article is to protect and promote the public health through the control of the growth of invasive plant species.
As used in this article, the following terms shall have the meaning indicated:
INVASIVE PLANTS
All native and nonnative vines and vegetation that grow out of place and are competitive, persistent and pernicious. These plants may damage trees, vegetation, other plant materials, or structures. Examples include but are not limited to running (monopodial) bamboo, clumping (sympodial) bamboo, multiflora rose, kudzu vine and poison ivy and oak.
No owner, tenant or occupant of a property or person, corporation or other entity, shall plant, install or cause or permit the planting or installation of invasive plants upon any property located within the Borough of Glassboro.
In the event any invasive plants are located upon any property within the Borough of Glassboro prior to the adoption of this article, the owner and occupant of said property shall jointly and severally be required to confine such species to prevent the encroachment, spread, invasion or intrusion of same onto any other private or public property or public right-of-way. In lieu of confining the species, the property owner or occupant may elect to totally remove the invasive plants from the property and all affective properties. Failure to properly confine such plants shall require removal as set forth below. The cost of said removal shall be at the invasive plant property owner's expense. This duty to confine shall not apply if the property owner and/or occupant can establish to the satisfaction of the Code Enforcement Officer that the invasive plant which is on his or her property at the time of the adoption of this article originated on another property.
In the event invasive plants are present on the date of adoption of this article and a complaint is received by the Borough regarding an encroachment of any invasive plant, and the Code Enforcement Officer of the Borough, after observation and/or inspection, determines that there is an encroachment or invasion on any adjoining/neighboring private or public property or public right-of-way (hereinafter "the affected property"), the Borough shall serve notice to the invasive plant property owners, in writing, that the invasive plant has invaded other private or public property(s) or public right-of-way(s) and demand the removal of the invasive plant from the affected property and demand approved confinement against future encroachment or, in the alternative, the total removal from the property owner's property. Notice shall be provided to the invasive plant property owner, as well as the owner of the affected property, by certified return receipt requested mail and regular mail. Within 10 days of receipt of such notice, the invasive plant property owner shall submit to the Code Enforcement Officer of the Borough, with a copy to the owner of the affected property, a plan for the removal of the invasive plant from the affected property, which plan shall include restoration of the affected property after removal. Within 30 days of receipt of the Code Enforcement Officer's approval of the plan of removal and restoration, the removal and restoration shall be completed to the satisfaction of the Code Enforcement Officer.
A. 
Whenever an invasive plant, as defined by this article, is found on any plot of land, lot or any other premises or places in violation of this article, or if existing upon adoption of this article, but is found to have spread beyond the boundaries of a property and the invasive plant property owner does not complete removal in accordance with this article, the invasive plant property owner shall upon conviction be subject to the penalties stated in § 366-28C of this article. In addition, the Code Enforcement Officer may request, and the Municipal Court may grant, a specific performance remedy.
B. 
Nothing herein shall be interpreted as limiting the rights of a private property owner to seek civil relief through a court of proper jurisdiction, nor the institution of civil proceedings against the proper parties.
C. 
Violation of any provision of this article shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Any person who is convicted of violating the provisions of this article within one year of the date of the previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this article.