Village of New Hyde Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of New Hyde Park 4-18-1989 by L.L. No. 2-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass, weeds and rubbish — See Ch. 53.
Licensed occupations — See Ch. 114, Art. I.
Noise — See Ch. 122.
Property maintenance — See Ch. 139.
Trees — See Ch. 185.

§ 111-1 Title.

This chapter and all of its provisions shall be known and may be cited as the "Landscape Gardening Control Law of the Village of New Hyde Park."

§ 111-2 Scope and purpose.

It is the finding of the Board of Trustees that the provisions of this chapter are necessary and desirable to regulate and control the enterprise of commercial landscape gardening and to generally regulate certain landscaping, gardening or groundskeeping activities and services which pose a potential or actual risk of noise, odors or other nuisance or which might otherwise impair or disturb the public health, safety, peace, welfare and good order of the community. It is the intention of this chapter to license certain persons engaged routinely in the trade or occupation of commercial landscape gardening and to limit, regulate or prohibit related activities by any person which, if left unregulated, would tend to create or encourage public or private nuisances, noise or other environmental pollution or disturbance of the public peace and order.

§ 111-3 Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings ascribed:
COMMERCIAL LANDSCAPE GARDENING
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.
GARDENING
The tilling, sowing, cultivation, trimming, fertilization, pruning, cutting, shaping, treatment, spraying or other maintenance and care of any lawn, tree, flower, sod, shrub, bush, plant or other flora on any lot, plot or parcel of land.
GROUNDSKEEPING
The cleaning of any lot, plot or parcel of land by means of gathering and 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.
LANDSCAPING
The planting, arranging, placing or removal of any lawns, sod, trees, flowers, shrubs, bushes or other flora on any lot, plot or parcel of land for a planned design or purpose or to achieve some aesthetic effect.

§ 111-4 Business license; vehicle permits; exemptions.

A. 
It shall be unlawful for any person to engage in or practice the trade or business of commercial landscape gardening within the corporate limits of the village without having first obtained and having in full force and effect a license for such purpose, issued pursuant to the requirement of this chapter.
B. 
Every truck, dump truck, van or other motor vehicle and every trailer, container or other towable device owned, leased or otherwise used by any person engaged in the trade or business of commercial landscape gardening, except those persons exempted under Subsection C(1), (2), (3) and (4), shall have an accessory vehicle permit, required by this chapter, firmly affixed to such vehicle or device at all times that such vehicle or device is located and used in the village in the course of such trade or business.
C. 
Notwithstanding the provisions of Subsection A hereinabove, the following persons shall be exempt from the licensing requirements of such subsection:
(1) 
Any person engaged in such trade or business as the employee or agent of a person licensed under this chapter while the employee or agent is under the actual direction, supervision and control of his employer.
(2) 
Any person engaged in such trade or business or such person's actual employees or agents pursuant to a contract or subcontract for such services with any federal, state or local governmental agency or authority.
(3) 
Any person engaged in the rendering of landscaping, gardening or groundskeeping services pursuant to and within the scope of his duties and responsibilities as an employee of any governmental agency or authority or as the private employee of any owner, tenant or occupant of land solely while in or upon the lands owned, leased or occupied by his employer.
(4) 
Any person who renders or performs necessary or related landscaping, gardening or groundskeeping services incidental to the erection, construction, renovation, alteration or demolition of any building or structure pursuant to building permits, construction contracts or other regulations or requirements.
(5) 
Any person who is a licensed architect, engineer, landscape architect or land surveyor and who renders or performs any landscaping, gardening or groundskeeping services, provided that such person has filed a copy of his license and certificate of good standing with the Village Clerk and has paid in full to such officer any annual administrative licensing fee or processing charge required by the provisions of § 1-32 of Chapter 1 of this Code prior to rendering or performing such service.
[Amended 11-7-1995 by L.L. No. 4-1995[1]]
[1]
Editor's Note: This local law repealed and reenacted the amendments to this subsection previously enacted pursuant to L.L. No. 5-1994, adopted 1-3-1995.
(6) 
Any person who is a licensed landscape gardener licensed by the Department of Consumer Affairs of the County of Nassau, provided that such person has filed a copy of his license and a certificate of good standing with the Village Clerk and has paid in full to such officer any annual administrative licensing fee or processing charge required by § 1-32 of Chapter 1 of this Code prior to rendering or performing any landscaping, gardening or groundskeeping services.
[Amended 11-7-1995 by L.L. No. 4-1995[2]]
[2]
Editor's Note: This local law repealed and reenacted the amendments to this subsection previously enacted pursuant to L.L. No. 5-1994, adopted 1-3-1995.

§ 111-5 Applications; documents; fees.

Every person desiring to procure a license and/or accessory vehicle permit required by this chapter or who is required to file a copy of a reciprocal license as required by § 111-4C of this chapter shall file written application and copies of all other necessary documents and shall pay all fees and charges therefor with the Village Clerk in accordance with the provisions of Local Law No. 5-1981 (Chapter 114 of the Code of the Village of New Hyde Park).

§ 111-6 Copies of license; information to be painted on vehicles.

A. 
A person licensed pursuant to this chapter shall at all times keep a copy of such license on his person and/or at the site at which such person is rendering any landscaping, gardening or groundskeeping services 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.
B. 
Every motor vehicle and towable device required to have an accessory vehicle permit pursuant to this chapter shall also have the name, trade name or other business name of the permit holder, together with the business address and phone number of the same, plainly, legibly and conspicuously painted or imprinted in letters and figures each at least two inches in height and at least one inch in width on each side of every such motor vehicle or towable device whenever the same is located and used within the corporate limits of the village.

§ 111-7 General regulations and restrictions.

No person, whether or not licensed, required to be licensed or otherwise exempt from licensure under the provisions of this chapter, shall:
A. 
Commence or continue the performance of any landscaping, gardening or groundskeeping services between the hours of 8:00 p.m. and 7:00 a.m., prevailing time.
B. 
Use any gas, diesel, electric or other machine or device which emits noise and fumes in the performance of any landscaping, gardening or groundskeeping services unless such device is affixed with a muffler and exhaust emissions control device manufactured and originally installed on such machine or device by the manufacturer or distributor of such equipment.
C. 
Use any air blower or similar device to move, scatter, gather, disperse or place any dirt, soil, plant waste, lawn or grass clippings, litter, debris or other refuse of any kind in, on or upon any public street, sidewalk or other public place or in or upon the private lands or private property of any person without the prior authorization and consent of the governing authority or the owner of such public street, sidewalk or public place or the owner of such private lands or property; and in any such event, all such materials shall immediately be gathered and placed in sealed receptacles designed and intended to hold the same and removed and disposed of at the cost and expense of the person performing such service or activity.

§ 111-8 Penalties for offenses.

[Added 11-16-1999 by L.L. No. 4-1999[1]]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a petty offense. Each such offense is hereby designated a violation as defined in Article IIA of Chapter 1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections B and F of § 1-27 of that article; provided, however, that in addition to, but not in lieu of, any fine or term of imprisonment which may be imposed in the sentence for such offense, the court may order, as part of such sentence, either the immediate revocation or the immediate suspension for a period of up to six months of any current village license and/or permit issued, in accordance with the requirements of this chapter, to any defendant standing convicted of a third or subsequent offense.
[1]
Editor's Note: This local law also provided that it would take effect 12-1-1999.