Except as provided herein, all persons, companies
or corporations (collectively referred to as "landscaper") who perform
landscaping functions in the Village shall be duly licensed by the
Town of Oyster Bay ("Town") in accordance with the Town Code requiring
the licensing of landscapers. Landscaping functions may be performed
without a license by the owner or occupant of the property on which
the work is performed or by the agent or employee of such owner, provided
that such agent or employee does not service more than two properties
in the Village and has no other employees.
For the purpose of this chapter, landscaping
functions shall include but are not limited to the cultivation, fertilization,
seeding, planting, cutting, trimming, pruning, maintenance of grass,
shrubs, plants, trees or other foliage on land in the Village.
No landscaper shall perform any landscaping
functions within the Village without first obtaining a license from
the Town Clerk and filing a copy thereof with the Village Clerk. All
landscaping work by an unlicensed landscaper is prohibited. No property
owner or occupant shall permit any unlicensed landscaper to perform
any landscaping function on his/her property.
[Amended 6-21-2021 by L.L. No. 1-2021]
The following rules and regulations shall apply as of the effective
date of this chapter.
A. Landscaping work may only be performed as permitted pursuant to Chapter
144.
B. Any landscaper desiring a license pursuant to this chapter shall
make application on forms prescribed by the Town Clerk or his or her
designee in accordance with the Town Code.
C. No landscaper shall scatter nor, in using any mechanical or electrical
blower or other method, cause to be scattered any garbage, refuse
or cuttings, leaves or other waste materials on any public or private
road or public property without removing and/or cleaning the same
immediately.
D. No person shall spill or dump oil, gasoline or other petroleum products
or any pesticides on the public or private road or right-of-way or
on the ground. No equipment shall be filled or refilled except over
a drop cloth or other device designed to catch and retain any accidental
spillage.
The license issued pursuant to this chapter
or a photocopy signed by the licensee shall be at all times in the
actual possession of the person performing the work at the site. The
required Town identification decal shall be displayed on the driver's
door of each vehicle and on the left rear bumper of any trailer used
in the Village for landscaping activity.
[Amended 5-15-2007 by L.L. No. 3-2007]
Any person who violates any provision of this
chapter shall be guilty of a violation, punishable by a fine of $250
or a term of imprisonment of not more than 15 days, or both.