Title 17—Quick Links
Chapter 1. General.
Chapter 2. Green Law.
Chapter 3. Short Term Rentals.
Chapter 4. Nuisances & Related Issues.
Chapter 5. Refuse Collection & Recycling.
Chapter 6. Trees.
Legislative History notes are not part of this ordinance, but they are official records of Council intent. Likewise, Practice Notes are not law, but they do reflect the staff's best, reasoned opinion on the application of law. Hyperlinks have been inserted by the editor and have no bearing on the law, its underlying intent, or its application.
§ 17-101. Walls, Fences, and Hedges.
§ 17-101. Walls, Fences, and Hedges.
(a) General Rule. All walls, fences, and hedges planted forward of the front elevation of any building must be approved by a permit issued under this section.
(b) Permit Issuance. Upon application of a landowner, the Zoning Administrator will determine whether the wall, fence, or hedge in question would (i) unreasonably impair sightlines for motorists on a public street or (ii) unreasonably endanger public safety by obstructing the building from public view. In the absence of such risk or impairment, the Zoning Administrator shall issue the permit. The Zoning Administrator shall consult with the Chief of Police in making his determinations under this section.
Legislative Intent: This section is intended to promote public safety in two respects. It prohibits the unreasonable impairment of motorists’ sightlines, and while respecting landowners’ right to privacy, it recognizes that in some instances, sealing a property from public view may encourage criminal activity in and around the property.
(c) General Permits. The Zoning Administrator may issue general permits for certain classes of walls, fences, and hedges, thereby obviating the need for an application under paragraph (b).
Legislative Intent: For example, a General Permit might allow “Any fence shorter than 49 inches in height above the ground or any split rail fence of any height.”
(d) Violation. Installing or maintaining a wall, fence, or hedge without obtaining the permit required by this section, shall constitute a Class 4 misdemeanor, and each day of such maintenance shall be a separate offense. Nevertheless, there shall be no offense under this section until (i) the Town notifies the landowner of the need for a permit and (ii) the landowner fails to apply within 30 days of the notice or, if the landowner does apply, such application is rejected.
(d) Previous Violations . Walls, fences, or hedges installed in violation of § 17-105 prior to October 14, 2014, are not in violation of this section but continue to be governed by pre-existing law. If such walls, fences, or hedges are granted a permit under this section, however, they shall be deemed compliant with current law and pre-existing law.
[Formerly § 17-105.]
Practice Note: The Green Law was adopted on August 11, 1987.
§ 17-201. General Requirements.
§ 17-202. Definitions.
§ 17-203. When Landscaping Required.
§ 17-204. Installation, Maintenance, and Standards.
§ 17-205. Specific Requirements.
§ 17-206. Impairment of Vistibility.
§ 17-201. General Requirements. It shall be unlawful for any owner or tenant of property to construct or enlarge a Vehicle Use Area (as that term is defined by this chapter) without Landscaping the area as required by this Chapter. Violation of this Chapter shall constitute a class 4 misdemeanor, and each day a violation continues shall constitute a separate offense.
§ 17-202. Definitions. As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the following meanings:
(1) Earth Mounds: Earth contoured so as to form a mound above the general elevation of the adjacent ground or surface.
(2) Ground Cover: Low growing plants, including grasses.
(3) Hedges: Shrubs planted in a manner so as to form a continuous visual screen.
(4) Landscaping: Landscaping shall consist of, but not be limited to, grass, ground covers, shrubs, vines, hedges, trees, and earth mounds.
(5) Shrubs: Low, self-supporting (usually multi-stemmed) woody plants.
(6) Trees, Decorative: Self-supporting woody plants of a species which generally have clear trunks of six feet, normally achieve an overall height of twelve feet or more and a minimum spread of ten feet.
(7) Trees, Shade: Self-supporting woody plants of a species which generally have clear trunks of six feet, normally achieve an overall height of twenty feet or more, and a minimum spread of twenty feet.
(8) Vehicle Use Area: Any of the following, whether paved or unpaved, provided it comprises at least 750 square feet: (i) parking lots, (ii) motor vehicle loading and unloading zones, or (iii) other areas designed for the long-term or short-term placing of motor vehicles.
(9) Vines: Climbing or creeping plants which normally require support.
§ 17-203. When Landscaping Required. Landscaping shall be required in all new Vehicular Use Areas, including Vehicular Use Areas which pre-date this Chapter, but are expanded.
§ 17-204. Installation, Maintenance, and Standards. The owner and/or tenant (if any) of property shall be jointly and individually responsible for installing Landscaping, according to accepted commercial planting procedures, using plants which are indigenous to the Bridgewater area or to an area having similar climatic conditions, and maintaining such Landscaping in a healthy, growing condition so as to present a neat and orderly appearance. The following standards apply:
(a) Earth Mounds: Earth Mounds shall not exceed a slope of thirty degrees and shall be completely covered with shrubs, grass or other living ground cover. Earth mounds shall not exceed thirty-six inches in height.
(b) Ground Covers: Ground Covers shall be planted in such manner as to present a finished appearance and reasonably complete coverage under normal growing conditions within twelve months after planting.
(c) Hedges: Shrubs used to form Hedges shall be a nondeciduous species, shall be a minimum of twenty-four inches in height above grade at the time of planting and shall be spaced and maintained so as to form a continuous visual screen, under normal growing conditions, within one year after planting.
(d) Grass: Grass shall be a species normally grown as permanent lawns in the Bridgewater area. Grass areas may be sodded, plugged, sprigged or seeded, except that solid sod shall be used in swales or other areas subject to erosion.
(e) Protection: All landscaped areas shall be protected from vehicular encroachment with effective wheel stops or curbs.
§ 17-205. Specific Requirements.
(a) Adjacent to public rights-of-way: Except as provided in § 17-206 the following Landscaping shall be provided separating Vehicular Use Areas from any adjacent public street, walk, or right-of-way:
(1) A landscaped area at least five feet wide must be provided.
(2) One Shade, or two Decorative Trees must be planted within and for each fifty lineal feet or fraction thereof.
(3) A wall, Earth Mound, Hedge or other durable landscape screen must be maintained at least thirty inches in height above grade. If a wall or Earth Mound is used as a screen, one Shrub or Vine shall be planted abutting the screen within each ten foot section, but the Shrubs or Vines need not be exactly ten feet apart. Such Shrubs or Vines shall be planted along the street side of the screen or be of sufficient height at the time of planting to be readily visible over the top of the screen.
(4) The remainder of the required landscaped area shall be landscaped with grass, Ground Cover, or Shrubs.
(5) All ground between the right-of-way and Vehicular Use Area shall be landscaped.
(b) Adjacent to contiguous properties: Except as provided in § 17-206 landscaping shall be provided between Vehicular Use Areas and adjoining property under different ownership as follows:
(1) If the adjacent property is not zoned commercial or industrial, there must be a landscaped area at least five feet wide consisting of grass, Ground Cover, or Shrubs and including (i) a wall or solid fence at least four feet high or (ii) a Hedge at least two feet in height above grade when planted (to grow to four feet within three years) between the common property line and the Vehicular Use Areas. If a wall or fence is used instead of a Hhedge, one Shrub or Vine shall be planted abutting each ten foot section of the wall or fence, but the Shrubs or vines need not be exactly ten feet apart. The Shrubs or Vines shall be planted on the opposite side of the wall or fence from the Vehicular Use Area.
(2) In all cases, one Shade or two Decorative Trees must be provided within and for each seventy-five lineal feet or fraction thereof.
(c) Except as provided in § 17-206 Landscaping shall be provided as follows for the interior of Vehicular Use Areas so as to provide relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular circulation:
(1) At least two and one-half percent of the interior gross area shall be landscaped.
(2) Interior landscaped areas shall be placed so as to limit unbroken rows of parking to a maximum of one hundred feet.
(3) Each separate required landscaped area shall contain a minimum of fifty square feet with a minimum interior dimension of five feet and shall include at least one tree.
(4) There shall be not less than one Shade or two Decorative Trees for each one hundred square feet of the required interior landscaped area or fraction thereof.
(5) If these requirements will unreasonably impair the utility of the Vehicle Use Area (in the opinion of the Town Manager), the requirements of paragraphs 2 and 3 of this sub-section may be modified to the extent necessary to allow reasonable use of the Vehicular Use Area.
§ 17-206. Impairment of Visibility. No Landscaping , tree, fence, wall or similar item shall be maintained in the vicinity of any corner, street, intersection, or any area used by motor vehicles, if it obstructs visibility, extends into sight lines, or is a traffic hazard (in the opinion of the Town Manager).
§ 17-301. Short-Term Rentals.
§ 17-301(a). Definitions.
§ 17-301(b). Exemptions.
§ 17-301(c). Registration.
§ 17-301(d). Failure to Register.
§ 17-301(e). Compliance Issues.
(a) Definitions. Except where the context clearly indicates a different meaning, the following words and phrases, when used in this section s hall, for the purposes of this article, have the meanings ascribed to them below:
(1) Proprietor means the owner of a Short-Term Rental or a person charged by the owner with the management of the STR.
(2) "STR Operator" means the Proprietor of any dwelling, lodging, or sleeping accommodations offered as a Short-Term Rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity, except the term does not apply to those exempted by paragraph (b) below.
(3) "Short-Term Rental" or "STR" means the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy, except the term does not apply to operations exempted by paragraph (b) below.
(b) Exemptions. This section does not require a person to register if such person is (i) licensed by the Real Estate Board or is a property owner who is represented by a real estate licensee; (ii) registered pursuant to the Virginia Real Estate Time-Share Act ([§ 55.1-2200] et seq.); (iii) licensed or registered with the Department of Health, related to the provision of room or space for lodging; or (iv) licensed or registered with the Town, related to the rental or management of real property, including licensed real estate professionals, hotels, motels, campgrounds, and bed and breakfast establishments.
Legislative Intent: Paragraph (b) draws from Va. Code 15.2-983 verbatim, and by its own terms applies only to registration. Section 15.2-983, however, also makes plain that the exemption extends to all of the obligations of this section, so for clarity, the Town has simply included the exemption in the definition. In plain terms, an exempt entity is exempt for all purposes of this section.
Practice Note: In Chapter 712 of the 2019 Acts of Assembly, the Virginia Real Estate Time-Share Act was recodified to § 55.1-2200.
(c) Registration. Every STR Operator shall register his STR's with the Town. All STR’s shall have separate registrations. The registration shall be on a form approved by the Treasurer, and shall provide the complete name, address, and email address of the STR Operator, along with the address of each STR operated by him within the Town.
Registrations require a fee of $25 and shall expire on February 28 of each year.
(d) Failure to Register. Any STR Operator who fails to register as required by paragraph (c) above, shall pay a penalty of $500 per STR. Further, until such STR Operator pays the penalty and registers such property, he may not continue to offer such property for short-term rental. Upon repeated violations of paragraph (c) as it relates to a specific property, a[n] STR Operator may be prohibited from registering and offering that property for short-term rental.
Without limiting the foregoing, no STR shall be operated or advertised unless there be a valid registration on file for it.
(e) Compliance Issues. The Town Manager shall prohibit an STR Operator from offering a specific property for short-term rental upon a finding of at least four violations of state and local law or regulations, as they relate to the specific property.
An STR Operator, prohibited from offering an STR under this paragraph may apply for reinstatement 18 months after the issuance of the prohibition order. The Town Manager shall consider such application and shall grant it if and only if he finds that changes have been made which will significantly reduce the likelihood of future violations.
An STR Operator, aggrieved by a decision of the Town Manager under this paragraph may make a written appeal to the Council within ten days of receiving the Manager’s decision.
Legislative Intent: The Council has not undertaken to compile the various types of violations which could trigger this paragraph (e), but it calls upon STR Operators to take special note of the provisions of §§ 19-505 (dealing with the transient occupancy tax), 17-404 (dealing with noise), 17-503 (dealing with curbside trash collection), and 4-306 (dealing with parking). Without limiting the breadth of paragraph (e), violations of these provisions could trigger the prohibition.
Practice Note: The finding referred to in this paragraph (e) is the Manager's to make. Violations found by the Manager need not have been adjudicated previously, but may be considered for the first time in his inquiry under this paragraph. Ideally, the Manager will notify STR owners of violations as he learns of them so as to influence their behavior for the better and avoid blindsiding them.
§ 17-401. Abatement or Removal of Nuisances.
§ 17-402. Abandoned or Immobile Vehicles.
§ 17-403. Keeping of Inoperative Motor Vehicles, etc.
§ 17-404. Automobile Graveyards.
§ 17-405. Noise.
§ 17-406. Trash and Other Substances.
§ 17-407. Unsafe Structures.
§ 17-408. Defaced Structures.
§ 17-409. Cutting of Grass & Weeds.
§ 17-401. Abatement or Removal of Nuisances.
The Town Council, acting either as a body or through the Town Manager or other delegated officer, may compel the abatement or removal of all nuisances, including but not limited to:(a) The removal of weeds from private or public property and snow from sidewalks,
(b) The covering or removal of offensive, unwholesome, unsanitary, or unhealthy substances allowed to accumulate in or on any place or premises,
(c) The filling in to street level, fencing, or protection by other means of the portion of any lot adjacent to a street where the difference in level between the lot and the street constitutes a danger to life and limb,
(d) The raising or draining of ground subject to being covered by stagnant water,
(e) The razing or repair of all unsafe, dangerous, or unsanitary public or private buildings, walls or structures which constitute a menace to the health and safety of the occupant thereof or the public.
If thirty (30) days elapse after written notice from the Town Council or officer to whom the authority is delegated to the owner or occupants of such property without such condition being abated or removed, the town may abate it or remove it, charging the cost thereof to such owner or occupant and collecting such costs in the same manner as the local real estate tax.
Practice Guide: Staff will generally require clearance from the Town Attorney before proceeding under this section.
§ 17-402. Abandoned or Immobile Vehicles. Any motor vehicle, trailer, semi-trailer or parts thereof which are (i) left unattended on a public highway or other public property and constitute a traffic hazard, or (ii) illegally parked or (iii3) left unattended for more than 10 days either on public property or private property without the permission of the owner, leasee, or occupant or (iv) immobilized on a public highway by weather conditions or other emergency situations, may be removed for safekeeping by the Town Police to a designated storage area; provided, however, no such vehicle shall be so removed from privately owned premises without the written request of the owner, lessee, or occupant thereof.
Such vehicle shall be presumed to be abandoned if such vehicle lacks
(a) (i)A current license plate, or (ii) a current town sticker, or (iii) a valid state inspection sticker; and
(b) Has not been moved for four (4) days or longer.
The person at whose request such vehicle is removed from privately owned property shall indemnify the Town against loss or expense incurred by reason of such removal, storage, or sale thereof and costs incurred in locating the owner. No motor vehicle, trailer, semi-trailer, or parts thereof will be removed from private property without the written request of the owner, leasee, or occupant of the premises.
Each removal shall be reported immediately to the office of the Town Manager who shall in turn cause written notice to be given to the owner of such vehicle as promptly as possible. The owner shall pay the Town all reasonable charges incidental to such removal and storage prior to reobtaining possession of such vehicle. Should such owner fail or refuse to pay the cost or should the identity or whereabouts of such owner be unknown and unascertainable after a diligent search has been made, and after notice to him at his last known address and to the holder of any l ien of record in the office of the Department of Motor Vehicles in Virginia against the motor vehicle, trailer, semi-trailer or parts thereof, the vehicle shall be treated as a abandoned vehicle. The Town Manager may then, after holding the motor vehicle, trailer, semi-trailer or parts thereof for 30 days and after due notice of sale, dispose of the same at public sale and the proceeds from the sale shall be forwarded by the selling officer to the Town Treasurer; provided, that if the value of such motor vehicle, trailer, semi-trailer, or parts thereof be determined by three disinterested dealers or garagemen to be less than one hundred fifty dollars it may be disposed of by private sale or junked. The treasurer shall pay from the proceeds of sale the cost of removal, storage, investigation as to ownership and liens and notice of sale, and the balance of such funds shall be held by him for the owner and paid to the owner upon satisfactory proof of ownership.
If no claim has been made by the owner for the proceeds of such sale, the remaining funds may be deposited to the general fund or any special fund of the Town. Any such owner shall be entitled to apply to the town within three years from the date of such sale and if timely application is made therefore, the Town shall pay the same to the owner without interest or other charges. No claim shall be made nor shall any suit, action or proceedings be instituted for the recovery of such funds after three years from the date of such sale.
This section shall not operate to deprive anyone of any lawful recourse against abandoned or improperly parked cars or their owners.
§ 17-403. Keeping of Inoperative Motor Vehicles, etc.
(a) It shall be unlawful for any person to keep, except within a fully enclosed building or structure or Screened or Shielded from view, on any property zoned for residential or commercial or agricultural purposes any Inoperative Motor Vehicle.
Practice Guide: As is the case throughout this Code, “person” includes natural persons and artificial entities of every type.
(b) The owners of property zoned for residential, commercial, or agricultural purposes shall, within 21 days of notice from the Town, remove therefrom any such Inoperative Motor Vehicles, that are not kept within a fully enclosed building or structure. The Town, through its own agents or employees, may remove any such Inoperative Motor Vehicles whenever the owner of the premises has failed to do so.
If the owner of an Inoperative Motor Vehicle can demonstrate that he is actively restoring or repairing the vehicle, and if it is Screened or Shielded, the vehicle and one additional Inoperative Motor Vehicle that is Screened or Shielded and being used for the restoration or repair may remain on the property.
Practice Guide: Note that under this paragraph, screening or shielding of the vehicle is only relevant if the owner is actively restoring or repairing the vehicle.
Note also that while an inoperative vehicle cannot simply be stored and Screened or Shielded, there is no violation if the vehicle is operational. With Screened or Shielded vehicles, therefore, proof issues could become too problematic to justify enforcement.
After such removal, the Town may then dispose of such Inoperative Motor Vehicles after giving an additional 10 days’ notice to the owner of the vehicle.
The cost of any such removal and disposal shall be chargeable to the owner of the vehicle or premises and may be collected by the Town however taxes are collected; and every cost authorized by this paragraph (b) assessed to the landowner shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of such costs shall have been made to the Town.
(c) Except as provided in paragraph (d) below, all violations of this Section shall carry civil penalties as prescribed by this paragraph (c).
(1) Schedule of Penalties
(A) For a first summons regarding a violation, the civil penalty shall be $200.
(B) For each subsequent summons, the civil penalty shall be $500.
(C) Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 30-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000.
(2) Process.
(A) The Town may issue a civil summons for any violation of this section.
(B) Any person summoned for such violation may make an appearance in person or in writing by mail to the Town Treasurer prior to the date fixed for trial in court.
(C) Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.
(D) If a person charged does not elect to enter a waiver-of-trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law.
(E) In any trial, it shall be the Town’s burden to show the liability of the violator by a preponderance of the evidence, except that if the defendant has alleged that he was actively restoring or repairing a vehicle as provided in paragraph (b), The defendant shall carry the burden of proving such defense.
(3) General. Penalties provided by this paragraph (c) shall be in lieu of criminal sanctions.
(d) The provisions of these sections shall not apply to a licensed business, which on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer, or scrap processor.
(e) Definitions. As used in this section,
(1) An "Inoperative Motor Vehicle" shall mean any motor vehicle (i) which is not in operating condition, or (ii) which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle, or (iii) for which there are displayed neither valid license plates nor a valid inspection decal. As used in this section, for the sake of brevity, the term "Inoperative Motor Vehicle” includes trailers and semi-trailers. The definitions of “motor vehicle,” “trailer,” and “semi-trailer” from Va. Code, § 46.2-10 are incorporated herein, mutatis mutandis.
(2) “Screened or Shielded” means kept in a manner not readily visible from ground level beyond the boundaries of the property in question.
(f) Notices given under this section are effective upon mailing to the property address and the address shown for the landowner in Rockingham County’s real-estate-tax records.
§ 17-404. Automobile Graveyards.
(a) No person, firm, corporation, or other entity shall operate or maintain an Automobile Graveyard in the Town unless it is completely screened from public view at all times by a fence, structure, trees, or shrubbery. Any fence, structure, trees, or shrubbery used to screen an Automobile Graveyard shall be at least 50" high.
(b) For the purposes of this section, the term "Automobile Graveyard" shall mean any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located, or found.
(c) This section shall not be construed as authorization for the establishment or maintenance of any automobile graveyard.
[Formerly 17-403.1]
§ 17-405. Noise.
(a) Title. This section shall be known and may be cited as the “Bridgewater Noise Ordinance.”
(b) Findings. The Council finds and declares that excessive Noise is a serious hazard to the public health, welfare, peace and safety and the quality of life, particularly when it intrudes into the residential lives of Town citizens.
(c) Definitions. The following terms, when used in this section, shall have the meanings ascribed to them in this paragraph (c), except where context clearly indicates a different meaning:
(1) "Across a Residential Property Line." means (i) from one parcel of real estate in a Residential Area onto another parcel of real estate, of different ownership, in a Residential Area or (ii) from any point in a Residential Area, through the walls or closed windows of a Dwelling Unit, and into the interior thereof.
(2) “Dwelling Unit” carries the meaning set forth in § 6-401(24) of this Code.
Practice Note: The cited definition, formerly in § 6-22, was recodified to § 6-401(24) by ordinance O2023-4. The citation here was changed by the editor.
(3) “Motor Vehicle” carries the meaning set forth in § 46.2-10 of the Code of
(4) “Noise” “” means sound of any kind.
(5) “Officer” means any employee or agent designated by the Town Manager to enforce the provisions of this section.
(6) “Plainly Audible” means any Noise that can be detected by a person using his or her unaided hearing faculties. Specific words or phrases need not be discernable. The detection of bass reverberations is sufficient to constitute Plainly Audible Noise. •
(7) “Residential Area” means property zoned R-1, R-2, or R-3 under Title 6 of this Code, irrespective of any overlays or special-use permits which may apply.
(8) “Sporadic Noise” means Noise which is both (i) less than five seconds in duration and (ii) not produced more than three times in any two-hour period.
(8) “Manager” means the Town Manager or his designee.
(d) Temporary permits.
(1) Requirements and Procedures. The Manager is authorized to issue a temporary permit to allow Noise which would otherwise be prohibited by this section, when such Noise is produced by a temporary use or activity. He may prescribe any reasonable conditions necessary to minimize any adverse effect upon the community. A permit granted under this paragraph (d) shall contain all conditions upon which the permit has been granted, including the period of time for which it has been granted.
(2) Violation of Temporary Permit. Failure to comply with any condition of a temporary permit issued pursuant to this subsection shall constitute a violation and shall result in enforcement procedures and penalties as set forth in paragraph (h) below.
(3) Revocation of Temporary Permit. Any temporary permit may be immediately revoked if the Town Manager finds (i) that an emergency condition exists involving serious danger to the public health, safety, or welfare, (ii) if the permit holder failed to disclose or misrepresented material information in the permit application or in the permit application process, or (iii) that there was a failure to comply with any condition of that particular temporary permit.
(e) Residential Areas. In Residential Areas, no person shall cause (or permit to be caused) any of the following Noise:
(•) Between the hours of 9:30 p.m. and 7:30 a.m., any Noise which is Plainly Audible from a point (i) greater than 100 feet from the source of the Noise and (ii) Across a Residential Property Line;
(•) Between the hours of 11:00 p.m. and 6:30 a.m., any Noise which is Plainly Audible Across a Residential Property Line.
Legislative Intent: The violation of this ordinance occurs where the noise is created, not where its effects are felt. Thus, paragraph (e) does not regulate noise which emanates in non-residential areas, even if such noise might be heard in residential areas. There are certain risks inherent in living near commecial or industrial areas which cannot reasonably be eliminated by regulation
(f) Without limiting the prohibitions in paragraph (e), the following Noise is prohibited in all areas:
(•) Amplified Noise for Advertising. Any amplified Noise, Plainly Audible on a public street, produced for the purpose of advertising any building, structure or vehicle.
(•) Defects in Motor Vehicles. The use of any Motor Vehicle so out of repair, so loaded, so equipped, or in such a manner as to create Noise Plainly Audible at a distance of 125 feet from its source.
(•) Construction and Landscaping Activities. The outdoor operation of any bulldozer, crane, backhoe, front loader, pile driver, jackhammer, pneumatic drill, or other construction equipment between the hours of 9:00 p.m. and 7:00 a.m.
(•) Amplified Noise at Night. Any amplified Noise Plainly Audible at a distance of 50 feet from its source between the hours of 12:00 a.m. and 7:00 a.m.
(g) Exceptions. No provision of this section shall apply to (1) the emission of sound for the purpose of alerting persons to the existence of an emergency; (2) the emission of sound in the performance of emergency work; (3) activities sponsored by the Town, state or federal governments; (4) activities authorized by a permit issued by the Town Manager; (5) activities for which the regulation of noise has been preempted by state or federal law; (6) Noise created by wild animals, though Noise created by a pet is the responsibility of the pet’s custodian; (7) Sporadic Noise.
(h) Procedures.
(1) Oral Warnings. If an Officer observes a violation of this section without a complaint having been made, the Officer may first issue one oral courtesy warning per day and inform the violator that the violator will be subject to penalties if the violation continues.
(2) Written Warnings. Before issuing a Notice of Violation, an Officer shall first issue a written warning to immediately cease the Noise, unless a written warning has been issued within 180 days preceding the date of violation. The written warning shall be substantially in the same form as the notice of violation. Failure to correct the violation within 15 minutes of the issuance of a written or oral warning may result in the issuance of a Notice of Violation pursuant to this section.
Legislative Intent: One written warning is mandatory, but if the warning is not heeded, it can be followed up with a Notice of Violation in 15 minutes.
(3) Notice of Violation. If an Officer determines that a violation of this section has occurred—and if any written warning required by paragraph (h)(2) has been issued— the Officer may issue a notice of the violation to any or all persons committing, permitting, assisting in such violation.
(4) Voluntary Payment. The Notice shall provide that the person charged with a violation may elect to make an appearance in person, or in writing by mail, to the Town Treasurer, pay the civil penalty established for the violation, and abate any continuing violation, all within 14 days from the date of the Notice.
(5) Non-Payment; General District Court. If a person charged with a violation does not satisfy the Notice of Violation as provided in paragraph (h)(4), the violation shall be tried in general district court upon a warrant in debt or motion for judgment, with the same right of appeal as provided for civil actions at law.
(6) Civil Penalties. In any disposition of a Notice of Violation under paragraphs (h)(4) or (h)(5), Any person who commits, permits, assists in or attempts any violation of this section, whether by act or omission, shall be liable for a civil penalty. All payments of these civil penalties are to be paid to the Town Treasurer. The penalties are as follows:
(•) First Violation. The first violation of this section shall be punished by a civil penalty in the amount of $50.00.
(•) Second Violation. The second violation of this section by the same person, on the same property, or from the same set of operative facts, within 180 days of the first violation of this section shall be punished by a civil penalty in the amount of $100.00.
(•) Third Violation. The third violation of this section by the same person, on the same property, or from the same set of operative facts within 180 days of the second violation of this section shall be punished by a civil penalty in the amount of $500.00.
(7) Criminal Penalties. The fourth (or subsequent) violation of this section by the same person, on the same property, or from the same set of operative facts, within 180 days of the third (or previous) violation of this section shall constitute a Class 2 misdemeanor, punishable under § 1-4 of this Code.
(8) Equitable Relief. Nothing in this section shall limit the Town’s rights to seek injunctive relief with respect to a public nuisance or a landowner’s right to seek such relief with respect to a private nuisance.
[Formerly 17-404]
§ 17-406. Trash and Other Substances.
(a) Definitions. For purposes of this section, the following terms shall have the meanings assigned herein:
(1) "Odious Material" shall mean all trash, garbage, litter, and other items or substances which, individually or collectively, might endanger the health or safety of residents of the Town. Odious Material can endanger health and safety by increasing the risk of harm, irrespective of whether such harm is generated in fact. Among other potential causes, such increase in harm could be caused (i) by the creation of a favorable environment for insects, bacteria, viruses, vermin, dangerous animals, and snakes, (ii) potential pollution of groundwater or surface water through absorption or seepage of chemicals and other substances, or (iii) potential injuries to motorists or pedestrians as materials are blown into the street or ejected by lawn mowers.
(2) "Owner" shall mean any owner of the property, as shown on Rockingham County's real estate tax records.
(2) "Last Known Address" shall mean the latest address for a person, as reflected by Rockingham County's real estate tax records.
(3) "Notice" shall mean a determination made under this section, issued by the Manager or his designee and mailed on the same day to the Owner at his Last Known Address.
(b) Accumulation of Trash; Remediation. Should the Town Manager find that an accumulation of Odious Material on any property creates an unreasonable risk to the health or safety of Town residents,
(1) He shall issue a Notice that the Odious Material must be removed within 14 days from the date of the Notice;
(2) If the Odious Material is not removed within the 14-day period, the Manager shall have the Town’s own agents or employees remove it.
(3) After the Town has removed the Odious Material, the Manager shall mail to the Owner, at his Last Known Address, a Notice demanding payment for the Town’s actual cost in removing the Odious Material within 14 days.
(4) The Treasurer shall collect the charges reflected by the Notice demanding payment in the same manner as local taxes. Such charges shall constitute a lien against the property ranking on a parity with liens for unpaid local taxes.
With respect to (i) the Manager’s determination that an accumulation of Odious Material constitutes an unreasonable risk to Town residents or (ii) the amount of the invoice for the Town’s removal of Odious Material, the Owner may invoke the Nuisance Appeal Procedure described in paragraph (e) below.
(c) Allowing Odious Material to Accumulate; Unlawful Dumping.
Legislative Intent: Paragraph (c) operates independently of paragraph (b). Sections 17-503 and 17-504 address circumstances which could create per se violations of this paragraph (c).
(1) No person may dispose of Odious Material by dumping it or depositing it on any land in Town.
(2) Every Owner shall ensure that Odious Material does not accumulate on his property. Violations of this paragraph (c) shall be punishable by a civil penalty not to exceed
(•) $15 per violation for violations based on the first set of operative facts within any calendar year,
(•) $50 per violation for violations based on a second set of operative facts within any calendar year, and
(•) $200 per violation for violations based on a third or subsequent set of operative facts within any calendar year.
Any such civil penalty shall be instituted by the issuance of a Notice.
Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period.
Legislative Intent: A “set of operative facts” is the relevant condition of the property at the time of citation, plus any uninterrupted worsening not caused by human intervention. For example, if weeds are the cause of a citation, natural growth of the weeds does not become a different set of operative facts. But if the weeds are cut and then regrow, the regrowth is a second set of operative facts, because the initial growth had been arrested. As another example, if a property is cited for having dangerous missile launchers in the back yard, the addition of an extra launcher is a different set of operative facts because it was added by human intervention.
(d) Collection of Charges. All charges authorized by this section, including the civil penalties described in paragraph (c), shall constitute a lien against such property ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles three and four, Chapter 39, Title 58.1 of the Code of Virginia, as they may be amended from time to time.
(e) Nuisance Appeal Procedure. . Whenever a Notice is issued under paragraphs (b) or (c) of this section, the Owner may appeal the contents of the Notice by filing an appeal with the Town Manager. The appeal must be in writing and state the basis of the Owner’s disagreement. It must be received by the manager within 10 days from the issuance of the Notice complained of. The appeal shall be resolved in an informal hearing conducted by the Mayor or Vice-Mayor, though the hearing officer may only decide facts and may not waive or excuse violations of this section.
Failure to file a timely appeal shall conclusively establish the provisions of the Notice.
Any time periods running from the issuance of the Notice--such as the period for removal of Odious Material--shall be tolled from the filing of the appeal until its resolution.
[Formerly 17-407.]
§ 17-407. Unsafe Structures.
(a) The owners of property in Town, upon resolution adopted by the Council, shall remove, repair, or secure any building, wall, or any other structure that might endanger the public health or safety of other residents of the Town. Violation of this paragraph shall trigger a $1,000 civil penalty.
(b) The Town, through its own agents or employees, may remove, repair, or secure any building, wall or any other structure that might endanger the public health or safety of other residents, if the owner and lienholder of such property, after reasonable notice and a reasonable time to do so, has failed to remove, repair, or secure the building, wall or other structure. For purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. For purposes of this section, reasonable notice includes a written notice (i) mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and (ii) published once a week for two successive weeks in a newspaper having general circulation in the Town. No action shall be taken by the Town to remove, repair, or secure any building, wall, or other structure for at least 30 days following the later of the return of the receipt or newspaper publication, except that the it may take action to prevent unauthorized access to the building within seven days of such notice if the structure is deemed to pose a significant threat to public safety and such fact is stated in the notice;
(c) In the event that the Town, through its own agents or employees, removes, repairs, or secures any building, wall, or any other structure after complying with the notice provisions of this section or as otherwise permitted under the Virginia Uniform Statewide Building Code in the event of an emergency, the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the Town as taxes are collected; Every charge authorized by this section with which the owner of any such property has been assessed and that remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles three and four, Chapter 39, Title 58.1 of the Code of Virginia, as they may be amended from time to time.
[Formerly 17-408.]
§ 17-408. Defaced Structures.
(a) To the extent provided in this section, the Town may undertake or contract for the removal or repair of the Defacement of any public structure (or any private structure where such Defacement is visible from any public right-of-way).
(b) Whenever the property owner, after reasonable notice, fails to remove or repair the Defacement, the Town may have such Defacement removed or repaired by its agents or employees. Such agents or employees shall have any and all immunity normally provided to an employee of the locality.
(c) If the Defacement occurs on a private structure located on an unoccupied property, and the Town, through its own agents or employees, removes or repairs the Defacement after complying with the notice provisions of this section, the actual cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the locality as taxes are collected. No lien shall be chargeable to the owners of such property unless the Town shall have given a minimum of 15 days’ notice to the property owner prior to the removal of the Defacement.
(d) Defacing public or private structures shall constitute a Class 2 misdemeanor. The court may order any person convicted of unlawfully Defacing property described in paragraph (a) to pay full or partial restitution to the Town for costs incurred in removing or repairing the Defacing. Such an order of restitution pursuant to this section shall be docketed as provided in Va. Code, § 8.01-446 when so ordered by the court or upon written request of the Town and may be enforced in the same manner as a judgment in a civil action.
(e) For purposes of this section, the term "Defacement" means the unauthorized application by any means of any writing, painting, drawing, etching, scratching, or marking of an inscription, word, mark, figure, or design of any type.
[Formerly 17-409.]
§ 17-409. Cutting of Grass and Weeds.
(a) The owners of occupied or vacant property whether developed or undeveloped, shall cut all grass, weeds and/or other foreign growth on the property whenever any significant portion of the grass, weeds and/or other foreign growth on the property exceed 8 inches in height from their base to their most extended growth.
(b) Upon the failure of the property owner to cut the grass, weeds, and/or other foreign growth as specified in paragraph (a) of this section, the Town (through its agents, contractors, or employees) may cut all of the grass, weeds, and/or other foreign growth on the property at the owner’s expense, after a written Notice of Violation is provided under this paragraph.
The Notice shall contain the provisions of this section; it shall be mailed to the owner at the address shown in the Town’s tax records, and it shall state that the town may cut the grass, weeds, and/or foreign growth unless the property owner does so within seven days from the date the notice is mailed. For purposes of this section, one Notice of Violation per growing season shall constitute adequate and reasonable notice, but the Town may elect to provide additional notices.
(c) If the Town (through its agents, contractors, or employees) cuts the grass, weeds, and/or foreign growth, its costs and expenses in doing so shall be charged to the property owner. The costs and expenses shall be collected by the Town in the same manner as are real property taxes, and they shall constitute a lien on the property, ranking on a parity with liens for unpaid taxes.
(d) This section shall have no effect on property zoned A-1 or A-2. Further, no agricultural operation shall violate this section if such operations are conducted in accordance with the existing best management practices and comply with existing laws and regulations of the Commonwealth. The term “agricultural operation” as used in this sub-section is as defined in Code of Virginia § [3.2-300].
Practice Note: Chapter 487 of the Acts of Assembly, 2022, recodified Va. Code, § 3.1-22.29(b) as § 3.2-3300.
(e) Violations of this section shall subject the property owners to a civil penalty, according to the following provisions:
(i) For purposes of this paragraph (e), a first violation in any growing season occurs upon the mailing of the Notice under paragraph (b). Subsequent violations in the same growing season occur when both (i) the conditions of the property exceed the limit set in paragraph (a) and (ii) the Town takes action under paragraph (b), whether that action be cutting the vegetation or mailing an additional Notice.
Legislative Intent: Given the severity of the civil penalties authorized by this section, it was important to the Council for violations to be established at definite times. For the first violation in a growing season, the notice mailed by the Town constitutes the violation date. For subsequent violations in a growing season, violations arise when the grass becomes too long and the Town takes some further action. Typically, the Town would probably choose to have the property mowed, but on other occasions (for safety, cost, or other reasons) the Town might elect to send an additional notice.
(ii) Each day a violation remains constitutes a separate offense.
(iii) For the first violation within a 12-month period, the civil penalty shall be $50 per day.
(iv) After the condition giving rise to the first Notice has been rectified, a second violation within a 12-month period shall trigger a civil penalty of $200 per day.
(v) The maximum cumulative penalty under paragraphs (e)(iii) and (e)(iv) in any 12-month period shall be $3,000.
Legislative History: The Council’s intent is for civil penalties to be enforced through any lawful mechanism.
[Formerly 17-106.1.]
§ 17-501. Residential Sanitation.
§ 17-502. Non-Residential Structures and Uses.
§ 17-503. When Garbage May Not Be Kept Curbside.
§ 17-504. Dumpster Maintenance.
§ 17-505. Rules & Regulations.
§ 17-506. Collection of Refuse From Outside Town.
§ 17-507. Scattering of Waste.
§ 17-501. Residential Sanitation.
(a) The Town may engage a private contractor to collect household garbage from single-family dwellings. The contractor will collect all such garbage, as provided in its contract with the Town.
(b) From time to time, the Town Manager will schedule the collection of items qualitatively or quantitatively beyond what the contractor will collect, within limits to be set by the Manager.
Legislative Intent: The Town generally refers to the collection referred to in paragraph (b) as “large-item collection.”
(c) Additionally, the Manager may operate a recycling collection center accepting such recyclable materials as he deems practicable.
(d) From time to time, the Council will establish a fee for the services to be provided under paragraphs (a)-(c) above. The owners of every single-family dwelling in Town shall be responsible for the payment of the fee. If the fee is not paid when due, a 10% penalty will be assessed.
(e) To the extent the Manager deems practicable, and after written notice, the provisions of paragraphs (a)-(d) above, shall apply to the owners of multi-family dwellings. The fee prescribed in paragraph (d) shall be applied to each dwelling unit therein.
Legislative Intent: For multi-family dwellings, the mode of collection may change. For example, a dumpster might be provided for an entire complex.
§ 17-502. Non-Residential Structures and Uses. To the extent deemed practicable by the Manager, the owners of non-residential structures and uses may opt-in to the Town’s collection system established under § 17-501(a), upon such terms as the Manager may find reasonable.
§ 17-503. When Garbage May Not Be Kept Curbside.
(a) For weekly collection under § 17-501(a), garbage (or garbage containers) shall not be placed or kept Curbside, except from 5:00 pm the day before collection until 7:00 am the day after collection.
(b) For the “large-item” collection under § 17-501(b), garbage (or garbage containers) shall not be placed Curbside except for the 60 hours before the start of collection. It may be kept in place until collected.
Legislative Intent: For example, if large-item collection begins on Monday at 7:00 am, garbage could be placed Curbside at 7:00 pm Friday until 7:00 am on Monday. Such garbage might be collected later in the week.
(c) For purposes of this section only, “Curbside” means on a Town street or alley or within 20 feet of thereof.
(d) Because Curbside garbage or garbage containers can attract unwelcome animals, harbor germs, interfere with traffic, and obstruct parking, the violation of this section shall be a per se violation of § 17-406(c), and trigger the civil penalties established therein.
Legislative Intent: The standards to be set under §§ § 17-501(a) and (b) may well require garbage to be placed closer than 20 feet to a street. This section simply controls when garbage may not be set out near the street.
§ 17-504. Dumpster Maintenance.
(a) The owners and occupants of real property shall be responsible for the proper maintenance of dumpsters, recycle containers, grease dumpsters, and similar storage bins. No garbage, grease, or other materials shall be allowed to accumulate in the immediate area of any such bin.
(b) Because garbage and similar materials around dumpsters can attract unwelcome animals, harbor germs, interfere with traffic, and obstruct parking, the violation of this section shall be a per se violation of § 17-406(c), and trigger the civil penalties established therein.
§ 17-505. Rules and Regulations. The Manager may develop rules and regulations interpreting the provisions of § 17-501 – 504, provided that they are consistent with those provisions and impose no criminal penalties.
§ 17-506. Collection of Refuse From Outside Town. The garbage collection program established under § 17-501 is for disposal of trash produced within the corporate limits. No person shall deposit any refuse produced outside the Town at any point within the Town for collection and disposal. Violation of this section shall constitute a Class 3 misdemeanor.
§ 17-507. Scattering of Waste. No person shall cast, place, sweep, or deposit within the Town any refuse in such amount that it may be carried or deposited by the elements upon any street, sideway, alley, or other public place, or into any occupied premises within the Town.
Practice Guide: See also § 4-812 of the Town Code concerning materials on streets.
§ 17-601. Purpose.
§ 17-602. Definitions.
§ 17-603. Delegation.
§ 17-604. Tree Planting and Care Standards.
§ 17-605. Harming Public Trees.
§ 17-606. Trees Near Streets.
§ 17-607. Trees Near Property Boundaries.
§ 17-608. Undesirable Trees and Shrubs.
§ 17-609. Dead and Diseased Trees.
§ 17-601. Purpose. This Chapter is intended to enhance the quality of life in town and the health, safety, and welfare of all residents, to increase property values, to ensure proper planting and care of trees on public property, to establish practices governing the planting and care of trees on public property, to provide for the emergency removal of trees on private property under certain conditions, and to govern the planting of trees near property boundaries and streets.
§ 17-602. Definitions. As used in this Article, the following words and phrases shall have the meanings indicated, unless the context unmistakably indicates otherwise. As is the case throughout this Code, the masculine includes the feminine (and vice versa), the singular includes the plural (and vice versa), and the word "person" includes both natural persons and legal entities of every type.
(1) “Damage”: Any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
(2) “Problematic Tree”: Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.
(3) “Public Property”: All grounds and rights-of-way owned or maintained by the Town.
(4) “Public Tree”: Any tree or woody vegetation on Town-owned or Town-maintained property or rights-of-way.
(5) “Top” or "Topping": The non-standard practice of cutting back of limbs to stubs within a tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
§ 17-603. Delegation. The Assistant Town Manager for Public Works (the “Public Works Director” or "Director") shall be responsible for the planting, pruning, maintenance and removal of all Public Trees.
§ 17-604. Tree Planting and Care Standards.
(a) All planting and maintenance of Public Trees shall conform to the American National Standards Institute A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices published by the International Society of Arboriculture.
(b) Requirements of franchise utility companies. The maintenance of Public Trees for utility clearance shall conform to all applicable utility industry standards.
(c) The Director shall maintain an official list of desirable tree species for Public Property in two size classes: Ornamental (20 feet or less in height at maturity) and Shade (greater than 20 feet at maturity). Trees from this approved list may be planted without special permission; other species may be planted with written approval from the Director.
(d) The Director shall develop and maintain an official set of spacing requirements for Public Trees.
(e) Planting trees under electric utility lines. Only trees listed as Ornamental trees on the official city tree species list may be planted under or within 15 lateral feet of any overhead utility wire.
(f) Public Trees shall not be Topped.
(g) For every two Public Trees which the Director authorizes be removed, she shall plant three Public Trees.
(h) Implementation of this section rests in the sound discretion of the Public Works Director, and she may make exceptions to the requirements hereof as circumstances warrant.
§ 17-605. Harming Public Trees.
(a) No person shall damage, remove, prune, or cause the damage or removal of a Public Tree without written permission from the Director. The violation of this paragraph shall constitute a Class 4 misdemeanor.
(b) No person shall attach any cable, wire, sign, or any other object to any Public Tree.
(c) Persons engaged in construction near any Public Tree are beseeched to consult with the Director and employ appropriate measures to protect such Public Tree, according to procedures contained in the Best Management Practices for “Managing Trees During Construction” published by the International Society of Arboriculture.
§ 17-606. Trees Near Streets.
(a) General Rule. All trees or shrubs planted within 12 feet of a Town street or alley must be approved by a permit issued under this section.
(b) Permit Issuance. Upon application of a landowner, the Zoning Administrator will determine whether a specified tree or shrub—at any point in its expected life span—will (i) create a specific risk to Town infrastructure in or near the street or (ii) unreasonably impair sightlines for motorists on a public street. In the absence of such risk or impairment, the Zoning Administrator shall issue the permit.
(c) General Permits. The Zoning Administrator may issue general permits for certain classes of plantings, thereby obviating the need for an application under paragraph (b).
Legislative Intent: For example, a General Permit might allow “Deciduous Trees, other than weeping willows, which are planted more than 50 feet from the nearest intersection.”
(d) Violation. Planting an unpermitted tree or shrub, or maintaining such a tree or shrub, shall constitute a Class 4 misdemeanor, and each day of such maintenance shall be a separate offense. Nevertheless, there shall be no offense under this section until (i) the Town notifies the landowner of the need for a permit and (ii) the landowner fails to apply within 30 days of the notice or, if the landowner does apply, such application is rejected.
(e) Previous Violations. Trees planted in violation of § 17-101 (due to proximity to a street) prior to October 14, 2014, shall be deemed to have been planted lawfully if they are permitted under paragraph (b) or (c) of this section.
§ 17-607. Trees Near Property Boundaries.
(a) General Rule. All trees planted within eight feet of a property boundary with another parcel must be approved by a permit issued under this section.
Legislative Intent: Like § 17-606, this section is intended to protect certain Town interests, such as infrastructure installed near lot lines. This section, however, is also based on broader principles of property-owner relations. By providing some regulation of trees planted near property lines, the Town thus endeavors to promote the principles of safety, general welfare, harmony, and convenience.
(b) Permit Issuance. Upon application of all landowners of real property within eight feet of a tree or proposed tree, the Zoning Administrator will consider the issuance of a permit for the tree. The Zoning Administrator will determine whether the specified tree—at any point in its expected life span—will create a specific risk to Town infrastructure. In the absence of such risk, the Zoning Administrator shall issue the permit.
Legislative Intent: If all nearby owners apply for a permit, the neighbor-to-neighbor concerns of this section are largely satisfied, so the Administrator is to focus on straightforward infrastructure concerns.
(c) General Permits. The Zoning Administrator may issue general permits for certain classes of plantings, thereby obviating the need for an application under paragraph (b).
(d) Violation. Planting an unpermitted tree, or maintaining such a tree shall constitute a Class 4 misdemeanor, and each day of such maintenance shall be a separate offense. Nevertheless, there shall be no offense under this section until 30 days after the Town notifies the landowner of the need for a permit.
(e) Previous Violations. Trees planted in violation of § 17-101 (due to proximity to a property boundary) prior to October 14, 2014, shall be deemed to have been planted lawfully if they are permitted under paragraph (b) or (c) of this section.
§ 17-608. Undesirable Trees and Shrubs. The following undesirable species of trees and shrubs shall not be planted or set out within the town:
(i) Ailanthus, tree-of-heaven, or stinkweed (altissima);
(ii) Silver maple (acer saccharinum);
(iii) Box elder, or ashleaved maple (acer negundo);
(iv) Multiflora rose(rosa multiflora);
Any violation of this Section shall constitute a class four misdemeanor and be punished in accordance with § 1-4 of the Code of the Town of Bridgewater.
§ 17-609. Dead and Diseased Trees. All dead, diseased, or unlawfully planted trees must be removed by the owner of the property on which they stand. If the owner fails to remove such trees, they shall be removed at the direction of the Town Manager. The cost of the removal shall be charged to the land owner and collected in the manner provided for the collection of license taxes in Title 19. Any violation of this section shall constitute a class four misdemeanor and be punished in accordance with § 1-4 of the Code of the Town of Bridgewater.