[Added 2-5-2001 by L.L. No. 1-2001]
It is the finding of the Board of Trustees that the provisions of this
article are necessary and desirable to regulate and control the enterprise
of commercial landscape 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 article
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 the purposes of this article, the following words and phrases shall
have the meanings ascribed:
The business or trade of rendering any landscaping, gardening, lawn
maintenance service business 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, including but not limited
to lawn maintenance services.
The filling, 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.
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 Village of Freeport.
A.
The Village Clerk shall have the authority to grant the
license and vehicle permit required by this article.
(1)
License and/or necessary vehicle permit applications
under this article shall be submitted to the Village Clerk and, except as
otherwise required by the provisions of this article, shall comply with the
requirements of the application supplied by said Clerk.
(2)
The Board of Trustees, by resolution, shall adopt, and
from time to time may amend, a schedule of fees for the processing, administration
and issuance of licenses and permits, and any reinstatement or renewals thereof,
pursuant to this article.
(3)
All licenses and permits issued pursuant to this article
shall expire on the last day of February of each year.
B.
Any person who submits an application for either a license
or a vehicle permit at least 30 days before the license or vehicle permit
is either required or is due to expire shall be deemed to have said license
vehicle permit until such time as the Village Clerk either grants or denies
the application.
License applications under this article shall be submitted to the Village
Clerk pursuant to the provisions of this article and shall include the following:
A.
A certification by the applicant that no commercial vehicles
will be parked or garaged within the Village during nonbusiness hours, or
if the vehicle will be parked or garaged within the Village during nonbusiness
hours, proof that the commercial vehicle will be parked or garaged in a manner
that does not violate the Village Code or parking regulations.
C.
A statement that the commercial landscape gardening business
is in compliance with, including, but not limited to, all federal, state and
local laws, ordinances or regulations. The application shall be accompanied
by a current copy of the applicant's Nassau County Department of Consumer
Affairs license.
D.
All other information which the Village Clerk deems appropriate.
E.
Copies of registrations of all vehicles and trailers
from the New York State Department of Motor Vehicles.
A.
Permit required.
(1)
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 Incorporated Village of Freeport without having first obtained
and having in full force and effect and affixed to each vehicle a license
or vehicle permit and a license for such purpose, issued pursuant to the requirement
of this article.
(2)
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 B, shall have an accessory vehicle permit, required by this article, 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.
B.
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 article 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 government agency or authority.
(3)
Any person engaged in the rendering of landscaping, gardening,
lawn maintenance service business 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, lawn maintenance service business 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 providing landscaping, gardening or groundskeeping
services on a casual or part-time basis, cutting three or fewer lawns per
week, provided that such person is under 19 years of age.
A.
A person licensed pursuant to this article shall at all
times keep a copy of such license affixed to the vehicle or accessory vehicle
and/or at the site at which such person is rendering any landscaping, gardening,
lawn maintenance service business 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 or the Village or other government agency or authority.
B.
Every motor vehicle and towable device required to have
a license or an accessory vehicle permit pursuant to this article 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 and towable device whenever the same is located and used within
the corporate limits of the Village.
A.
No person, whether or not licensed, required to be licensed
or otherwise exempt from licensure under the provisions of this article shall:
(1)
Commence or continue the performance of any landscaping,
gardening or groundskeeping services between the hours of 9:00 p.m. and 8:00
a.m., prevailing time.
(2)
Use any gas, diesel, electric or other machine or device
which emits noise and fumes in the performance of any landscaping, gardening,
lawn maintenance service business 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.
(3)
Use any air blower or similar device to move, scatter,
gather, disperse or place any dirt, soil, plant waste, leaves, lawn or grass
clippings, litter, debris or other refuse of any kind in, on or upon any public
street, sidewalk, waterways or other public place or in or upon the private
lands or private 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.
B.
Any person applying pesticides within the Incorporated
Village of Freeport shall, upon inquiry from a police officer, or any other
person charged with the enforcement of this article, produce proof of New
York State Department of Environmental Conservation certification. The enforcing
officer shall file a report with the Department of Environmental Conservation
which identifies the person found to be applying pesticides or herbicides
without said certification, describing the date, time and location and the
circumstances surrounding the alleged offense.
A.
The Village Clerk may deny a license or accessory vehicle
permit if the Clerk determines that:
(1)
There is a materially false statement made in the application
for said license and/or permit or a renewal thereof; or
(2)
The applicant and/or license/permit holder has violated any provision of this article as indicated in § 138-32; or
(4)
A license/permit fee paid by an applicant by check is
dishonored; or
(5)
Any person who has been convicted of any provision of
this article, three or more times within any twenty-four-consecutive-month
period.
A.
The Clerk of the Incorporated Village of Freeport may
revoke any license issued under this article, upon the following:
B.
Upon such notification, the Village Clerk shall send
a written notification of revocation of a license or permit. Said notice shall
be mailed by certified mail, return receipt requested, to the address indicated
on the application. No revocation shall be effective until 30 days after said
mailing.
C.
The licensee or permittee may request a hearing on said revocation, in writing, to the Village Clerk. Said request shall be received in the Village Clerk' s office prior to the expiration of the thirty-day period in Subsection B above, or the revocation shall become effective. Said request shall stay any revocation, pending a hearing as provided for in § 138-33.
Any person whose license/permit application, whether for initial issuance,
reinstatement or renewal, has been denied, or whose license/permit has been
revoked, in accordance with the provisions of this article may request a hearing
before the Board of Trustees. A request for such a hearing shall be made by
a person whose license/permit application has been denied, or whose license/permit
has been revoked, in writing to the Village Clerk not more than 30 days after
notice of such denial or revocation has been mailed by the Village Clerk to
said applicant or license/permit holder. Said hearing shall be conducted by
the Board of Trustees within 30 days of the filing of said appeal, unless
for good cause shown said hearing is adjourned or rescheduled either at the
request of the person appealing, or by the Board of Trustees on its own motion.
At the hearing, the person shall be heard in his or her defense in person
or by counsel, and may offer evidence and testimony on his or her behalf.
The licensee shall have the right to counsel, and to present witnesses on
his behalf, and to cross-examine witnesses at said hearing. The person conducting
the hearing may administer oaths, take testimony, subpoena witnesses and compel
the production of books, papers, records and documents deemed pertinent to
the hearing. Within 45 days of the close of the hearing, the Board of Trustees
shall issue a determination either upholding in whole or in part, modifying
or overruling the determination of the Village Clerk in denying or revoking
said permit. Said determination shall be filed in the office of the Village
Clerk and a copy mailed to the applicant by the Clerk. Said determination
shall be deemed final for purposes of appeal and judicial review pursuant
to Article 78 of the Civil Practice Law and Rules.
For the purpose of this article, all notices and determinations shall
be sent by the Village Clerk in writing by ordinary first class mail to the
applicant or permit holder at the address given by said person on the most
recent application for a permit as submitted and updated by said person from
time to time, and shall be deemed sent when the same are deposited in a post
office or an official depository under the exclusive care and custody of the
United States Postal Service within New York State.
A.
Each and every violation of the terms and provisions
of this article shall constitute a violation of said terms as defined by the
Penal Law of the State of New York and be punishable as such by a maximum
fine of $250, a term of imprisonment not to exceed 15 days, or both such fine
and imprisonment.
B.
Each and every day (twenty-four-hour period) that such
violation continues shall constitute a separate and distinct violation.
The terms and provisions of this article shall be enforceable by the
Department of Buildings and the Freeport Police Department.
If any clause, sentence, paragraph, subparagraph, section, subsection,
subdivision, article or part of this article shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, subparagraph, section, subdivision, article
or part thereof directly involved in the controversy in which such judgment
shall have been rendered.
