[HISTORY: Adopted by the Board of Trustees of the Village
of Port Washington North 6-7-2011 by L.L. No. 4-2011. Amendments noted where
applicable.]
As used in this chapter, the following words and phrases shall
have the following meanings:
Any person (except an individual under the age of 16) who
engages for hire in the tending, cultivation, maintaining, fertilization,
seeding, planting, managing, trimming, pruning, treating or laying
out of grass, lawns, gardens, flower beds, shrubbery, trees, foliage
or landscaping of every nature and description on private property.
The term "gardener" shall include persons engaged in the business
of landscaping and tree servicing. The term "gardener" shall not include
a person who owns or resides upon the property where such activity
is being conducted, or an employee of such person.
Any individual, firm, partnership, corporation or legal entity.
Any real property, improved or unimproved, owned by any person
or business or corporation which is not included in the definitions
for "public highway" or "public place" in this section.
Any property owned by the Village of Port Washington North
and/or available to or opens to use by all or a majority of the residents
of the Village of Port Washington North.
Every device in which a person or property is or may be transported
upon on a public or private highway.
No person shall engage in the business of a landscaper and/or
gardener in the Village of Port Washington North without first being
licensed in accordance with this chapter.
A.Â
This chapter shall not require a license for any landscaper and gardener
performing work pursuant to certification from the Public Works Department
and/or Building Inspector or their designee that such work is necessary
to protect public health or safety in the case of an emergency, provided
that the person performing such work files with the Village of Port
Washington North documentation of insurance as may be required from
persons licensed by the Village of Port Washington North to perform
such work.
B.Â
This chapter shall not apply to any landscaper and gardener performing
work pursuant to contract with the Village of Port Washington North,
or any other governmental agency or public utility company.
A.Â
Any gardener desiring a license required by this chapter shall make
application on forms prescribed by the Village Clerk. The Village
Clerk shall have the power to issue the license required by this chapter.
B.Â
The application for a license to operate or conduct business as a
landscaper or gardener in the Village of Port Washington North shall
be made, in writing to the Village Clerk and signed by the applicant.
The application shall set forth:
(1)Â
The name, address and telephone number of the applicant, and, if
applicable, the corporate name, addresses and telephone numbers of
the officers and directors of the company; the applicant's place of
business. No post office boxes will be accepted as an address.
(2)Â
The license plate number of any vehicle to be used in providing the
service.
(3)Â
Permits are for the use of the applicant only. Permits are not transferable.
Each applicant for a license shall pay a nonrefundable filing fee with the application. A license fee shall be paid upon issuance of the license and decal. The fees shall be established by the Village Board of Trustees by resolution pursuant to Chapter 91 of the Port Washington North Village Code. The fees are hereby declared to be for the purpose of defraying the cost of the enforcement of this chapter and not solely for the purpose of revenue.
All licenses issued pursuant to this chapter shall expire on
the last day of December in the year of issuance.
Each applicant for a license pursuant to this chapter shall
have and maintain during the term of such license all workers' compensation
as required by law, liability insurance certificate for each vehicle,
a copy of the registration for each vehicle that is used in the Village
of Port Washington North for landscaping and gardening and a current
Nassau County Department of Consumers Affairs license. The applicant
shall provide the Village with a copy of the documentation of each.
No gardener or any employee of a gardener shall perform, or
cause, suffer or permit any person to perform, any of the following:
A.Â
Operate any power or manual lawn mower or any other power equipment
Monday through Friday, before 8:30 a.m. or after 6:00 p.m. The operating
of any power tools and equipment are strictly prohibited on Saturday
and Sunday and legal holidays. Landscaping activities that do not
involve power tools and equipment are permitted Saturday and Sunday
from 9:00 a.m. to 5:00 p.m.
(1)Â
Notwithstanding
the foregoing, it shall be prohibited for commercial landscapers performing
landscaping services to operate and use any gas-powered or diesel-powered
leaf blowers between the dates of June 15 to September 15.
[Added 12-16-2020 by L.L. No. 1-2021]
(a)Â
For
purposes of this section, a gasoline or diesel leaf blower shall be
defined as any device which is used, designed, or operated to produce
a current of air for the purpose of pushing, propelling, or blowing
leaves, dirt, gardening and grass clippings and cuttings, refuse or
debris.
(b)Â
During
the time period that commercial landscapers are permitted to perform
landscaping service with a gasoline or diesel leaf blower, the operation
of said leaf blower shall be only permitted from Monday through Friday
between the hours of 8:30 a. m. and 6:00 p.m. Saturday, Sunday and
legal holidays are strictly prohibited.
(c)Â
No
gasoline- or diesel-powered leaf blower may be used unless it meets
the current Environmental Protection Agency (EPA) exhaust standards
and is operated and maintained in accordance with manufacturer's instructions
and specifications.
B.Â
Place any garbage, refuse, cuttings, leaves, wood or other materials
upon any public highway, public place or private property.
C.Â
Scatter any garbage, refuse, cuttings, leaves or other waste materials
from the custody of such person to any public highway, public place
or private property.
D.Â
Cause or permit anyone to blow or rake leaves, grass or other debris
onto the public highway or right-of-way or onto adjoining property.
As a precondition to the issuance of a license, a landscaper will
be required to furnish proof that he, she or it has a permit to deposit
leaves, grass clippings and other debris at a duly licensed depository.
E.Â
Cause or permit anyone to spill or dump oil, gasoline or other petroleum
products or any pesticides on the public highway or right-of-way or
anywhere 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.
F.Â
Cause or permit anyone to remove any tree, nor operate any machinery,
in violation of law.
G.Â
Perform any work in violation of any applicable federal, state and
local laws, ordinances, rules and regulations. Every applicant for
a license shall review the applicable laws, ordinances, rules and
regulations and shall affirm in the application or renewal application
that the applicant and all of its employees are familiar with such.
H.Â
Violate any other rule or regulation adopted by resolution of the
Board of Trustees, as it may deem necessary to further the purposes
of this chapter.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation and
shall be punished by a fine up to a maximum of $1,000 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
Each day on which any violation of this chapter occurs shall constitute
a separate and distinct offense hereunder.
In addition to the penalties otherwise provided by law, the
Board of Trustees may revoke or suspend any license issued pursuant
to this chapter after notice to the licensee and a reasonable opportunity
for the licensee to be heard. The Board of Trustees may take such
action if, in its discretion, such action is warranted due to the
licensee's deliberate or willful disregard of the standards imposed
by this chapter or by any other Village, county, state or federal
law, or due to two or more violations of this chapter or any other
law occurring within a period of 60 days.
Each vehicle used for landscaping functions in the Village shall
be registered with the Village, and shall prominently display a decal
provided by the Village on each vehicle that is being used in the
Village of Port Washington North for landscaping and gardening.
This chapter shall take effect on January 1, 2012, and filing
with the Secretary of State.
