[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.]
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."
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.
For purposes of this chapter, the following
words and phrases shall have the meanings ascribed:
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, 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.
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.
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.
A.Â
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.Â
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.Â
Notwithstanding the provisions of Subsection A hereinabove, the following persons shall be exempt from the licensing requirements of such subsection:
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.
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).
A.Â
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.Â
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.
No person, whether or not licensed, required
to be licensed or otherwise exempt from licensure under the provisions
of this chapter, shall:
A.Â
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. Performance of any such services are
prohibited on Sundays and holidays.
[Amended 5-16-2017 by L.L. No. 1-2017]
B.Â
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.Â
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.
[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.
