[HISTORY: Adopted by the Board of Trustees
of the Village of Massapequa Park 1-10-1994 by L.L. No. 3-1994.
Amendments noted where applicable.]
[Amended 10-2-1995 by L.L. No. 9-1995]
Except as provided herein, all persons, companies
or corporations (collectively referred to as "landscaper") who perform
any landscaping functions in the Village of Massapequa Park shall
be licensed in accordance with this chapter. Landscaping functions
may be performed without a license by the owner or occupant of the
property on which the work is performed.
[Amended 8-8-1994 by L.L. No. 23-1994]
For the purpose of this chapter, the landscaping
functions shall include but are not limited to the cultivation, seeding,
planting, cutting, trimming, pruning, maintenance of grass, shrubs,
plants, trees or other foliage. Landscaping functions shall not include
the application of pesticides, insecticides, fungicides or rodenticides.
No landscaper shall perform any landscaping
functions within the Village of Massapequa Park without first obtaining
a license to do so from the Village Administrator. 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 or her property. Licenses shall be obtained
by the proprietor of the landscape business or by a corporate officer.
Any landscaper desiring a license by this chapter
shall make application on forms prescribed by the Village Administrator
of the Incorporated Village of Massapequa Park or his or her designee.
[Amended 12-8-2003; 3-8-2010]
Each applicant for a license shall pay a fee
of $100 as a nonrefundable filing fee with the application. A fee
of $100 shall be paid by the applicant to the Village Administrator
or his or her designee upon issuance of the license.[1]
[Amended 12-8-2003; 3-8-2010]
All licenses issued pursuant to this chapter
shall expire on the last day of December in the year in which they
have been issued. Licenses may be renewed upon payment of an annual
fee of $100 before the first day of February of the next year. If
the licensee fails to make proper timely application for renewal,
he or she shall be required to reapply and pay an additional license
fee as set forth in the preceding section in the amount of $100 as
a nonrefundable filing fee with the application, and $100 paid upon
the issuance of the license.[1]
Each applicant shall fix to and display on the
left front bumper of each vehicle and on the left rear bumper of any
trailer regularly used in the course of its business an identification
decal issued by the Village.
The following rules and regulations shall apply:
B.
No landscaper shall perform landscaping work on Sunday.
C.
Landscaping work may be performed by landscapers only
during the hours of 8:00 a.m. through 7:30 p.m., Mondays through Fridays,
9:00 a.m. through 7:00 p.m. on Saturdays.
D.
No licensee shall scatter, nor in using any mechanical
or electrical blower, cause to be scattered, any garbage, refuse or
cuttings, leaves or other waste materials on any public highway or
public property without removing and/or cleaning the same immediately.
E.
No one shall spill or dump oil, gasoline or other
petroleum products on the public highway 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.
[Amended 8-8-1994 by L.L. No. 23-1994]
Each and every violation of any provision of
this chapter or of any of the rules and regulations promulgated hereunder
shall be punishable by a mandatory minimum fine of not less than $100
for each and every separate offense relating to a violation of this
chapter.
In addition to the penalties set forth in § 196-9 of this chapter, the Village may revoke or suspend any license issued pursuant to this chapter after notice to the licensee.
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.
This chapter shall take effect on March 1, 1994.
