[HISTORY: Adopted by the Board of Supervisors of the Township of East Brandywine 6-15-2011 by Ord. No. 06-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 224.
This chapter shall be known as an "Ordinance Prohibiting Bamboo Along a Public Thoroughfare" (i.e., public highway, street, roadway, trail, path or sidewalk).
This chapter shall regulate the growing of bamboo, including the species Bambusa; Phyllostachys; and Pseudosasa, including common bamboo, golden bamboo, and arrow bamboo.
Bamboo shall not be planted, maintained or otherwise permitted to exist within 30 feet of the edge of the pavement or traveled portion of any public thoroughfare in East Brandywine Township.
Property owner(s) whose property contains bamboo shall remove and abate the growth of the bamboo within 30 feet of the edge of the pavement or traveled portion of a public thoroughfare in East Brandywine Township.
The Township may enforce this chapter by any or all of the following measures:
A. 
Providing written notice and warning to a property owner advising the property owner to remove the bamboo within 30 days from the date of receipt of the notice, or the Township will initiate enforcement proceedings.
B. 
Moving or causing the removal of any bamboo that is interfering with the public thoroughfare and is growing within the right-of-way of a public road within 30 feet of the edge of the pavement or traveled portion of a public thoroughfare. Any such action taken by the Township shall be charged against the real estate upon which the bamboo is located and shall be a lien upon such real estate.
C. 
Any person, firm or corporation who violates or permits a violation of any provision of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of no less than $50 and no more than $1,000, plus costs of prosecution, including counsel fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding five days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each provision of this chapter that is violated shall also constitute a separate offense.