[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington 4-30-2003 by L.L. No. 5-2003. Amendments noted where
applicable.]
This chapter and all of its provisions shall be known and may
be cited as the "Landscape Gardening Control Law of the Village of
Kensington."
It is the finding of the Board of Trustees that the provisions
of this chapter are necessary and desirable to regulate and control
commercial landscape gardening activities which pose a potential or
actual risk of noise, odors, or other nuisances or which might otherwise
impair or disturb the public health, safety, peace, welfare, and good
order of the community. The purpose of this chapter is to register
certain persons engaged routinely in commercial landscape gardening
and to limit, regulate, or prohibit related activities which, if left
unregulated, may tend to create or encourage nuisances, noise, or
other environmental pollution or disturbance of the public peace and
order.
For purposes of this chapter, the following words and phrases
shall have the meanings ascribed:
The Board of Trustees of the Village.
The business or trade of rendering any landscaping, gardening,
or groundskeeping services, as defined herein, either as principal,
independent contractor, or through an agent or employee, for a fee,
charge, or other compensation, to or for the benefit of any owner,
tenant, or occupant of lands, grounds, or buildings.
The tilling, sowing, cultivating, trimming, fertilizing,
pruning, cutting, shaping, treating, spraying, or otherwise maintaining
and/or providing care for any lawn, sod, tree, flower, shrub, bush,
plant, or other flora on any lot, plot, or parcel of land.
The cleaning of any lot, plot, or parcel of land by means
of gathering and/or removing weeds or any fallen, diseased, dead,
or discarded tree limbs, branches, brush, leaves, grass, or lawn clippings,
fruit or flower waste, or other plant waste and any, litter, dirt,
debris, rubbish, or other refuse or waste present or engendered on
or about the premises. Groundskeeping does not include:
The removal of litter, dirt, debris, rubbish, or other refuse
or waste by a sanitation department.
[Amended 1-21-2004 by L.L. No. 1-2004]
The removal of litter, dirt, debris, rubbish, or other refuse
or waste by a commercial refuse carter which is not performing any
other commercial landscaping services to or for the benefit of the
owner, tenant, or occupant of the lands, grounds, or buildings from
which the removal is taking place.
An individual, firm, corporation, or other entity which performs
commercial landscaping services.
The planting, transplanting, arranging, placing, removal
and maintenance of any lawns, sod, trees, flowers, shrubs, bushes,
plants or other flora on any lot, plot or parcel of land for a planned
design or purpose or to achieve some aesthetic effect.
[Amended 10-19-2022 by L.L. No. 2-2022]
The Village of Kensington.
A.
It shall be unlawful for any person to engage in or practice the
trade or business of commercial landscaping within the Village without
having first registered with the Village pursuant to the requirements
of this chapter.
B.
Commercial landscaping may be performed without registering with
the Village by:
(1)
The owner, lessee, or occupant of the property on which the work
is being performed.
(2)
An employee of the owner, lessee, or occupant of the property on
which the work is being performed, provided that such employee does
not provide commercial landscaping for other properties within the
Village within any one calendar year, and such employee has no employees
of his or her own who are performing commercial landscaping within
the Village. The term "employee" as used herein is limited to persons
who are treated by the owner, lessee, or occupant as an employee pursuant
to all New York State and federal labor and income tax laws.
[Amended 1-21-2004 by L.L. No. 1-2004]
(3)
A person who is less than 21 years of age and who is performing the
commercial landscaping for his or her own account and not as an employee
of another person or entity. Such person has no employees of his or
her own who are performing commercial landscaping within the Village.
[Amended 1-21-2004 by L.L. No. 1-2004]
A.
Any landscaper desiring to register as required by this chapter shall
make application on forms to be furnished by the Village Clerk.
B.
Each applicant for registration shall pay a fee of $25 as a nonrefundable
filing fee with the application.
C.
All registrations pursuant to this chapter shall expire on the last
day of December in the year in which they have been issued. Registration
may be renewed upon the filing of a renewal application and payment
of an annual fee of $50.
[Amended 10-19-2022 by L.L. No. 2-2022]
D.
Persons registered pursuant to this chapter shall, at all times,
keep a copy of such registration on his person and/or at the site
at which such person is rendering any commercial landscaping and shall
immediately produce such copy for inspection by any person lawfully
requesting the production of the same, including but not limited to
any peace or police officer and any inspector, official, officer,
or employee of the Village or other government agency or authority.
E.
The Village shall provide a permit to be placed in the front window
or dashboard of every truck, dump truck, van, or other motor vehicle
owned, leased, or otherwise used by any person engaged in commercial
landscaping at all times when such vehicle is located within the Village
in the course of providing commercial landscaping services.
[Amended 1-21-2004 by L.L. No. 1-2004]
A.
No landscaper or other person shall individually, or cause or permit
any other person who is providing commercial landscaping services
for them or who is otherwise within their employ or control to:
(1)
Blow, rake, place, spill, dump or otherwise deposit any leaves, grass,
garbage, refuse, cutting, wood, oil, pesticides, or other materials
or debris from one property onto any public property, including but
not limited to streets, sidewalks and rights-of-way, or the private
property of another person, without such other person's permission.
In any prosecution for a violation of this provision, it shall be
an affirmative defense that such other person gave the alleged offender
permission to blow, rake, place, spill, dump or otherwise deposit
such material or debris on such other person's property.
(2)
Remove leaves, clippings, or other yard waste in a truck, dump truck,
van, or other motor vehicle, trailer, container, or other towable
device without securing a tarpaulin or other cover to prevent spillage.
(3)
Spill or dump any oil, gasoline, or other petroleum products within
the Village.
(4)
Fill or refill any machinery or equipment with any fuel or lubricant
except over a drop cloth or other device designed to catch and retain
any accidental spillage.
(6)
Spray trees, plants, or other foliage or otherwise apply pesticides
or fertilizers on a Saturday, Sunday, or public holiday.
(7)
Perform any commercial landscaping on Saturdays, Sundays, federal
holidays, and before 8:00 a.m. and after 6:00 p.m. Monday through
Friday. Such work may be permitted on a limited basis if, in the sole
judgment of the Village, it is required as an urgent necessity in
the interest of public safety or in cases of extreme hardship. Permission
must be requested and approved prior to the work commencing.
[Amended 1-21-2004 by L.L. No. 1-2004; 10-19-2022 by L.L. No. 2-2022]
(8)
Use gas-powered leaf blowers June 1 through September 15 or on weekends
at any time during the year except that owners of property, lawful
tenants and their family members may personally use noncommercial
tools for property maintenance.
[Amended 1-21-2004 by L.L. No. 1-2004[1]; 10-18-2017 by L.L.
No. 3-2017; 9-11-2019 by L.L. No. 3-2019]
[1]
Editor's Notes: Editor's Note: This local law also repealed
former Subsection A(8), which prohibited the use of gardening equipment
powered by an internal-combustion engine during certain hours. Said
local law also redesignated former Subsection A(9) through (13) as
Subsection A(8) through (12), respectively.
(9)
Operate any equipment which emits noise which to a reasonable person of normal sensitivities would be deemed unusually loud to the extent of impairing his or her reasonable use of his or her property, nor otherwise violate Chapter 97, Noise.
(10)
Operate any equipment which emits excessive fumes.
(11)
Burn any wastepaper, rubbish, leaves, cuttings, wood, or other waste
materials.
(12)
Apply or spray pesticides or fertilizers that have not been approved
as to type, quantity, and manner of application by the appropriate
federal, state, and/or local agencies.
B.
All commercial landscaping shall be performed in accordance with
the laws, ordinances, rules, and regulations of the United States,
the State of New York, the County of Nassau, and the Village.
A.
Whenever it shall appear, to the satisfaction of the Village Clerk,
that there has been any false statement or any misrepresentation as
to a material fact in the application on which the registration was
based, or that any registration has been issued in error, or that
there has been a material failure to comply with any statute, ordinance,
rule, or regulation, or with any condition upon which the registration
was granted, or that the further use of the registration or the exercise
of the privilege thereunder could cause or tend to cause injury, damage,
or unreasonable annoyance to a reasonable person of normal sensitivities,
or to property within the Village, the Village Clerk may, upon not
less than five days' notice by certified mail, return receipt requested,
suspend such registration for a period not to exceed 30 days, without
refunding any portion of the registration fee, but shall report the
facts and circumstances to the Board at its next regular meeting.
B.
Thereupon, the Code Enforcement Officer may, in its discretion, forthwith
and upon not less than five days' notice by certified mail, return
receipt requested, revoke said registration or continue the suspension
of such registration for such period of time as the Board may determine.
[Amended 1-21-2004 by L.L. No. 1-2004]
C.
The Board may require the registrant to appear before the Board and
show cause why the registration should not be permanently revoked,
and the failure of the registrant to appear at the time and place
appointed shall, without more, be deemed adequate grounds for the
permanent revocation of the registration.
D.
The registrant shall have the right, upon application, to appear
and be heard before the Board and present such proof as he or she
may deem appropriate in respect to any such matter as to why such
registration should not be suspended or revoked.
Every person convicted of a violation of this chapter shall
for a first conviction thereof be punished by a fine of not more than
$250; for a conviction of a second violation, both of which were committed
within a period of 24 months, such person shall be punished by a fine
of not more than $500; upon a conviction of a third or subsequent
violation, all of which were committed within a period of 24 months,
such person shall be punished by a fine of not more than $1,000. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.