[Adopted 11-12-2020 by Ord. No. 21-20]
The purpose of this article is to preserve and protect public
and private property within the Township of Morris from the damaging
spread of bamboo by prohibiting the planting, growing, maintaining
or cultivation of bamboo within the Township.
The planting and uncontrolled growth of bamboo is known to threaten
other vegetation and endanger existing ecosystems, and is disruptive
to the general health and welfare of a community.
The following definitions apply to this article:
The plant species commonly known as bamboo and shall include
both running (monopodial) bamboo and clumping (sympodial) bamboo.
Any natural person, firm, corporation, partnership, limited
liability company, or other organization or group.
No owner, tenant, occupant or other person in possession or
control of real property shall plant, grow, maintain or cultivate,
or cause to plant, grow maintain or cultivate, bamboo upon any property
located within the Township of Morris, unless:
A.
The root system of such bamboo plants is entirely contained within
an above-ground-level planter, barrel or other container of such design,
material and location so as to entirely prevent the spread or growth
of the bamboo plants' root system beyond the container in which it
is planted; and
B.
The bamboo plants contained as described herein shall be located,
trimmed and maintained so that no part of any plant shall be closer
than 15 feet from any property line or right-of-way.
This article shall not apply to any owner, tenant, occupant
or other person in possession or control of real property, who, prior
to the effective date of this article, has planted or caused to grow
bamboo on any property within the Township of Morris.
Whenever a complaint is received by the Township of Morris regarding
the encroachment of any bamboo plant or root, or whenever the Township
of Morris Health Officer or Code Enforcement Officer determines that
there is an encroachment of bamboo plants or roots onto the property
of another or any public property, the Health Officer or Code Enforcement
Officer shall forward a written notice of violation to the alleged
offending property owner, tenant, occupant or other possessor (hereinafter,
the "violator") which notice shall be substantially as follows:
A.
The notice required to be given under this article shall be mailed
by the Township Health Officer, Code Enforcement Officer or other
officer designated by the Township to said owner or tenant by certified
mail, return receipt requested, addressed to his or her last known
address or, if unknown, in the case of an owner, to his or her address
as the same appears on the tax records of the municipality, or in
the case of a tenant, to the property address. Notice may be served
by hand delivery, as long as service is witnessed.
B.
The notice of violation shall specify the exact nature of the violation.
C.
The notice shall state that the violation must be cured within 120
days from the date of the received or returned mailing.
D.
The notice must state specifically what must be done by the violator
to cure the violation.
E.
Every such notice shall, in addition to requiring compliance with
this article, warn the owner or tenant that failure to effect such
removal within the time stated in said notice will result in such
removal by the Township of Morris, and the cost of such removal will
be charged to the owner or tenant. In the event that service of notice
is made upon the owner or tenant, the cost of such removal shall forthwith
become a lien upon the lands and shall be added to and become a part
of the taxes next to be assessed and levied upon the same, to bear
interest at the same rate and to be collected in the same manner as
taxes, as hereinafter provided.
In all cases where bamboo is removed from any lands under this
article by or under the direction of the Township Health Officer or
Code Enforcement Officer, to effect such removal, such officer shall
certify the cost thereof to the Township Committee, who shall examine
the certificate and, if found correct, shall cause the cost as shown
thereon to be charged against said lands. The amount so charged shall
forthwith become a lien upon such lands and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rates as taxes,
and shall be collected and enforced by the same officers and in the
same manner as taxes. The above costs of removal shall be additional
to any other penalties which may be imposed under this article.
Any person convicted of a violation of any provision of this
article or any supplement thereto may, in the discretion of the court
by which such person was convicted, for each offense, be punishable
by a fine not exceeding $500 or imprisonment in the Morris County
Jail for a term not exceeding 90 days, or both. Each day during which
a violation of this article continues shall be deemed a new and separate
offense.
