A.
Definition. Any person who shall offer for sale or sell goods, wares
or merchandise at a public auction or where public bidding is encouraged
or solicited shall be deemed to be an auctioneer.
B.
Exceptions. Nothing herein contained shall apply to judicial sales,
or sales by executors, administrators, trustees under deeds of assignment,
lienors, attorneys at law or public officers in the manner prescribed
by law, unless such sale be conducted by a regular auctioneer or person
particularly employed to conduct such sale.
A.
Definition. Any person, including junk cartmen, purchasing, selling,
dealing or trading in junk, including old rope, old iron, brass, copper,
tin, lead, rubber, paper, rags, bagging, empty bottles, old machinery
and machines and other secondhand articles or material, shall be deemed
to be a junk dealer, and his or her place of business a junk shop.
No person shall place any vending machines on any property outside of buildings without first obtaining a license therefor as provided in Article I of this chapter and paying the prescribed license fee. Vending machines shall only be placed upon property at such places as duly authorized by the Board of Trustees.
[Amended 7-15-1998 by L.L. No. 1-1998]
No outdoor telephones, whether attached to a wall or freestanding, no outdoor telephone booths, no outdoor display racks and no outdoor automatic teller machines or booths containing same shall be placed upon any property outside of buildings without first obtaining a license pursuant to Article I of this chapter and without first obtaining a special permit from the Board of Trustees.
No person shall operate a parking field and charge a fee for parking thereon until such person obtains a license therefor pursuant to Article I of this chapter. No license shall be granted to any person under this section unless the parking field is authorized and permitted pursuant to Chapter 550, Zoning, of this Code and all the provisions of Chapter 550 and rules and regulations of the Board of Trustees pertaining to parking fields have been complied with.
Pursuant to Subdivision 1 of § 405.00 of the Penal
Law of the State of New York, the Mayor is hereby designated the permit
authority to grant and issue permits for the public display of fireworks
in accordance with the provisions of § 405.00 of the Penal
Law. Any person who shall be granted a permit pursuant to this section
shall be deemed a pyrotechnist.
[Added by L.L. No. 3-1997]
A.
GARDENING or LANDSCAPING
PERSON
PUBLIC HIGHWAY
PUBLIC PROPERTY
VEHICLE
Definition. As used in this section, the following words and phrases
shall have the following meanings:
The business of tending, planting, preparing, installing,
maintaining or managing of lawns, gardens, flowerbeds, shrubbery,
trees or landscaping of every nature and description on real property
which the person performing such work does not own. Persons engaged
in the business of spraying lawns, gardens, flowerbeds, shrubbery
or trees shall be considered for the purposes of this section as engaged
in the business of gardening or landscaping.
Includes any individual, firm, partnership, corporation or
business of any form, style or nature.
Includes any street open to the public for its full width
from property line to property line, including the sidewalk area,
whether or not installed.
Includes any real property owned by the Incorporated Village
of Mineola.
Includes every device in, upon or by which a person or property
is or may be transported upon a public highway.
B.
Permit required. No person over the age of 18 years shall engage
in the business of gardening or landscaping in the Incorporated Village
of Mineola without first having obtained a permit therefor from the
Village Clerk.
C.
Exceptions. This section shall not be applicable to:
(1)
Any person who operates, at a fixed location within the Village,
any garden supply or florist shop, commercial nursery or greenhouse
or similar type of business, nor to any agent or employee of such
person.
(2)
Any person authorized by the State of New York by license or otherwise
to conduct any of the businesses or operations regulated under this
section.
(3)
Any person engaged solely in the business of landscape engineering
or garden planning who does not perform any of the functions heretofore
described under the definition of "gardening" or "landscaping."
D.
Authority to grant permits. The Village Clerk shall have the power
to grant the permits required by this section.
E.
Application. The application for a permit to operate or conduct business
as a gardener or landscaper in the Village shall be made, in writing,
to the Village Clerk and shall be signed by the applicant. The application
shall set forth:
(1)
The names and addresses of the applicant and of the officers and
directors, if any;
(2)
The applicant's place of residence and/or business for the past
five years;
(3)
The license numbers of any vehicles to be used in providing the service;
and
(4)
The name of any person to be responsible to the Village for compliance
with the requirements of this section while performing gardening or
landscaping services within the Incorporated Village of Mineola.
F.
Fee; expiration.
(1)
The fee for the permit and decals required by this section shall
be at the levels fixed from time to time by resolution of the Board
of Trustees of the Incorporated Village of Mineola, which fee is hereby
declared to be for the purpose of defraying the cost of the enforcement
of this section and not solely for the purpose of revenue. One identification
decal shall be issued with each permit at no charge. Additional decals
shall be issued for an additional fee.
(2)
All permits issued under this section shall expire on December 31
of each year.
G.
Suspension or revocation of permit. Any permit granted pursuant to
this section may be suspended or revoked by the licensing officer,
as designated pursuant to this chapter, after a public hearing.
H.
Rules and regulations.
(1)
No
permittee under this section shall:
(a)
Make any false promise or willful misrepresentation in connection
with the business or operation licensed, nor shall any permittee,
in describing the services to be rendered by him or her, either by
an act of commission or omission, knowingly misrepresent the nature
of such services.
(b)
Conduct himself or herself other than in a courteous, honest
and lawful manner at all times.
(c)
Operate any power or manual lawn mower or other gardening equipment
at any time between the hours of 8:00 p.m. and 8:00 a.m. on any day
unless otherwise permitted by the Board of Trustees, in writing.
(d)
Burn any wastepaper, rubbish, leaves, cuttings, wood or other
waste materials at any time.
(e)
Place any garbage, refuse, cuttings, leaves, wood or other materials
upon any public highway or public property. All lawn cuttings, leaves
and debris accumulated from real property located in the Incorporated
Village of Mineola must be removed by the permittee and disposed of
at his own cost.
(f)
Scatter nor, in using any mechanical or electrical blower, cause
to be scattered any garbage, refuse, cuttings, leaves or other waste
materials on any public highway or public property.
