[HISTORY: Adopted by the Board of Commissioners of the Town of West New York 3-3-2021 by Ord. No. 4/21. Amendments noted where applicable.]
WHEREAS, The Town desires to curb the spread of invasive plants commonly known as "bamboo" within the Town:
This chapter is adopted to control the planting, cultivating or growing of any evergreen perennial flowering plant in the subfamily Bambusoideae of the grass family Poaceae commonly referred to as "bamboo" in the Town of West New York; and to require barriers to prevent the spread of existing bamboo into other areas of the Town.
Subject to certain exemptions set forth in this chapter, no persons, or other property owners or others in possession or control of real property shall plant, cultivate or cause to grow bamboo on any lot or parcel of land within the Town of West New York, subject to the following exceptions:
A. 
Where the root system of such bamboo plants is entirely contained within an above-ground-level planter, barrel, or other vessel 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.
B. 
All bamboo plants shall be located, trimmed and maintained so that no part of the plant shall be closer than 10 feet to any property line or right-of-way.
This chapter shall not apply to any landowner or possessor who, prior to the effective date of this chapter, has planted or caused to grow bamboo on any property within the Town limits unless the Code Enforcement Officer determines that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public way or any private property not owned by or in the possession of such landowner, tenant, or any possessor of said land.
Whenever a complaint is received by the Town regarding the encroachment of any bamboo plant or root, or whenever the Town determines that there is an encroachment of bamboo plants or roots onto the property of another, the Town, through its delegated official, shall forward a notice of violation to the alleged offending person, property owner, tenant in possession of the property, or other in possession of such property (hereinafter the "responsible party"), which notice shall be substantially as follows:
A. 
The notice shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage, and also by first-class mail. Notice by certified mail shall be deemed served on the date of personal delivery, or the date the certified mail is marked "refused" or "unclaimed" or otherwise undeliverable by the United States Post Office.
B. 
The notice shall specify the nature of the violation.
C. 
The notice shall state that the violation must be cured within 30 days from the date of the received or returned mailing.
D. 
The notice shall state specifically what must be done by the responsible party to correct the violation.
A. 
Any person determined by any court of competent jurisdiction to have violated this chapter shall be subject to pay a fine of not less than $25 per day, nor more than $100 per day, for each day the violation exists after the date for cure as set forth in the notice. Each day of a continuing violation shall constitute a separate offense, for which an additional fine can be levied. The per-day fine will be in addition to a penalty for failure to comply with the Bamboo Ordinance. This fine can be up to $1,000.
B. 
If the violation is not remedied within the time set forth in the aforesaid notice, the Town is hereby authorized, but not obligated, to remove or have removed any encroaching bamboo and to take all reasonable steps to eradicate the regrowth of the bamboo on the public rights-of-way, including sidewalks, and to restore such land to its normal condition, prior to such removal and eradication.
C. 
The Town's cost of the corrective action together with any civil penalties, legal fees and other costs shall be recoverable from the responsible party.