[HISTORY: Adopted by the Town Board of the Town of Babylon 9-17-2002 by L.L. No. 27-2002. Amendments noted where applicable.]
No person shall perform any landscaping functions in the Town of Babylon without a license obtained from the Town Clerk in accordance with this chapter. Landscaping functions, however, may be performed without a license by the owner or occupant of the property on which the work is performed.
The landscaping functions referred to herein shall include but are not limited to the cutting and maintenance of grass, the trimming, pruning and maintenance of shrubs, plants, trees or other foliage, the spraying of chemicals, including the application of pesticides, and the removal of trees and/or tree stumps. A person who engages in such landscaping functions in the Town of Babylon shall hereinafter be referred to as a "landscaper."
No landscaper shall perform any landscaping functions within the Town of Babylon without first obtaining a license to do so from the Town Clerk. All landscaping work by an unlicensed landscaper is prohibited. No property owner or occupant shall permit any unlicensed landscaper to perform any landscaping function on his or her property.
Licenses shall be obtained by the proprietor of the landscape business or by a corporate officer.
[Amended 5-14-2008 by L.L. No. 14-2008]
Any landscaper desiring a license in accordance with this chapter shall make application on forms prescribed by the Town Clerk of the Town of Babylon or its designees. Such application shall include proof of comprehensive liability and property insurance in an amount of $1,000,000 personal injury/$2,000,000 aggregate and $50,000 property damage. Such application shall also include proof of Worker's Compensation and disability insurance in amounts in compliance with state law. Such application shall also provide the office address of the landscaping business, the address where the vehicles and equipment are being stored and proof that the property contains the necessary permits and approvals if trucks are stored within the Town of Babylon.
[Amended 4-13-2004 by L.L. No. 8-2004]
Each applicant for a license shall pay a nonrefundable application fee with the application in the amount of $150. The applicant shall also pay to the Town Clerk or his or her designee upon the issuance of the license a license fee in an amount of $150. The applicant shall also pay to the Town Clerk or his or her designee a yearly decal fee of $1 for each vehicle used by the applicant. Landscapers may provide services in the form of contracting with the Town of Babylon in a form acceptable to the Town Attorney to "adopt-a-spot" in lieu of paying the license fee and/or renewal fee.
[Amended 3-19-2008 by L.L. No. 6-2008]
All licenses issued pursuant to this chapter shall expire on the last day of December in the year in which they have been issued. Licenses may be renewed upon payment of an annual renewal fee in an amount of $150. Said renewal fee must be paid before the first day of January of each year. If the licensee fails to make proper, timely application for renewal, he or she shall be required to pay the renewal fee, plus a penalty fee of $150 as set forth in § 144-5 upon the issuance of the renewed license.
The following rules and regulations shall apply:
No person shall engage in the application of pesticides unless that person has in his possession his certificate and possesses a valid pesticide business registration and displays vehicle triangles, duly issued by the New York State Department of Environmental Control, authorizing him to engage in such activity.
Application of pesticides and insecticides by anyone by means of engine-powered spraying or dusting devices shall not take place prior to 8:00 a.m. on any day that landscaping work is permitted.
Landscaping work may be performed by landscapers only during the hours of 8:00 a.m. through 7:30 p.m. Monday through Saturday and 11:00 a.m. through 5:00 p.m. on Sundays.
No landscaper shall 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 street, road or public property without removing and/or cleaning the same immediately; nor shall any of such material be allowed to enter any storm drains, canals, rivers or other waterways.
No one shall spill or dump oil, gasoline or other petroleum products or any pesticides on a public street, road or highway or right-of-way or 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.
All vehicles and trailers are to be properly parked at a minimum of 30 feet from the corner of any intersection. Hazard warning cones are to be placed at the front and rear of any landscaping vehicles and/or trailers that are parked in or alongside the roadway.
All commercial vehicles used in connection with the landscaping business shall be clearly marked in two-inch letters with the name of the company and the origin of the vehicle and include a decal, which shall include the appropriate year, issued by the Town Clerk.
[Amended 4-13-2004 by L.L. No. 8-2004]
No landscaper shall conduct business in the Town of Babylon unless that business has a current valid compliance agreement with the New York State Department of Agriculture and Markets to work within areas of the Asian Longhorned Beetle Quarantine.
[Added 6-25-2008 by L.L. No. 16-2008]
In addition to the penalties set forth in § 144-8, the Town Board may revoke or suspend any license issued pursuant to this chapter for good cause shown after notice to the licensee and a public hearing.
The license issued pursuant to this chapter or a photocopy signed by the licensee shall be at all times in the actual possession of the person performing the work at the site.
This chapter shall take effect January 1, 2003.