CRT 2017 #30 · Communication to the City Council · Jun 12 2017

Running Bamboo Ordinance: Establishing a Duty to Confine Ordinance Committee Meeting May 23, 2017 Office of Councillor Craig A. Kelley

Legislative History August 2011 Councillor Cheung introduces Policy Order looking November 2011 City Solicitor responds that move is unprecedented August 2015 Receive complaint from resident on encroaching bamboo November 2015 Meet with stakeholders, present research and proposal to Public Planting Committee, submit memo February 2016 Pass policy order with draft ordinance April 2016 Ordinance Committee asks DPW & Solicitor for input Summer/Fall 2016 Meetings with DPW to refine language March 2017 City Manager returns language for Council consideration May 2017 Final review with DPW

Destructive Nature of Running Bamboo

Grows laterally through rhizomes Can reach heights of more than 30ft Can send up shoots daily, and grow 1ft per day Provides year round foliage

Improperly planted, running bamboo can wreck havoc in an urban environment

Cracking Down on Running Bamboo: Regulating and Banning

Regulating and Banning Delaware Dover, Smyrna, Lewis Park New York Hempstead, Brookhaven, Smithtown, Village of Branch, Saltaire, Greenport, Oyster Bay, Long Beach, Woodsburgh, Babylon Village, Islip, Lake Grove, Huntington, Ocean Beach New Jersey Wall, Raritan, Toms River, Brick, Lacey, Lake Como, Manchester, Long Beach Pennsylvania Concord, West Bradford, Rutledge, Haverford, Middletown, Rose Valley, Montgomery Township, Doylsetown, Newtown Maryland Mount Rainier, Cambridge, College Park Ohio Worthington, Dayton Illinois Champaign

Regulating and Banning Legislation in the Assembly Law the possession, transport, importation, sale, purchase and introduction of select invasive running bamboo Bamboo may not be planted within 100ft of abutting property or public right of way unless contained in properly constructed barrier

Regulating and Banning: UPDATE Law signed by governor March 13, 2017: No landowner shall allow running bamboo to spread from his property to any public right- of-way or adjoining property not owned by the landowner New Action Since April 2016 Pennsylvania Bethlehem Upper Southampton New Jersey Old Tappan

Duty to Confine Protecting property rights Good for indigenous plants

A Duty to Confine Provisions of Running Bamboo Ordinance Establishes a duty to confine Protects property owners and city from destructive spread of running bamboo Removes confusion regarding responsibilities of bamboo owner Allows abutters to protect their property 4ft buffer zone in which barrier must be erected Must confine running bamboo with proper barrier Violators may be responsible for cost of barrier to City property Violators may be fined up to $100 per day

Seamless Barrier Overlapping and reinforced seams or concrete Must extend 36 inches below ground surface Must extend 2 inches above ground Or planted in fully enclosed above ground planter

Running Bamboo Ordinance: Establishing a Duty to Confine Ordinance Committee Meeting May 23, 2017 Office of Councillor Craig A. Kelley Questions?