[Added 8-13-2020 by Ord. No. 20-10]
[1]
Editor's Note: Former Art. II, Gasoline Tanks
and Pumps, was repealed 6-25-2002 by Ord. No. 02-16.
A.
No person shall engage in or carry on the commercial business of
furnishing or providing landscaping, lawn maintenance or similar services
within the Borough without first having obtained from the Borough
a license for that purpose. This shall apply only to a commercial
entity.
B.
Exemptions.
(1)
Any individual providing such services on a casual or part-time basis,
if such a person is under 22 years of age or if this person does not
utilize a motor vehicle to transport equipment used in furnishing
such services.
(2)
Any individual or business entity that has obtained a home improvement
contractors registration certificate from the State of New Jersey.
If the individual or business entity is claiming this exemption, the
party must submit a copy of their home improvement contractors registration
certificate to the Borough Clerk's Office.
A.
All applications for landscaping licenses shall be in writing on
all forms furnished by the Borough, signed by the applicant or the
authorized agent of the applicant and presented to the Borough Clerk.
The application shall state:
(1)
The name of the landscaper.
(2)
The correct legal name under which the business is being operated.
(3)
The address and contact information of the landscaper.
(4)
The make, year and license plate of each vehicle to be licensed.
(5)
Such other pertinent information as may be necessary for an investigation
of the applicant.
B.
All applications for licenses received by the Borough Clerk shall,
after appropriate investigation, be either approved or denied by the
Borough Clerk. Thereafter, if the application is approved, the Borough
Clerk shall issue the license upon payment of the license fee as hereinafter
provided.
C.
The annual fee for such license shall be $30. The license, when issued,
shall be signed by the Borough Clerk, and such license or a copy of
same shall be in each vehicle while in use in the operation of such
business. The license shall continue in force and effect only for
the calendar year in which it is issued. Upon expiration of the license
initially issued by the Borough Clerk, the license may be renewed
by the Borough Clerk upon the filing of a renewal application and
payment of the renewal fee of $30.
Licensees hereunder shall be permitted to furnish gardening,
landscaping, lawn maintenance, tree or shrubbery care or similar services
within the Borough only during the following hours:
Landscapers shall be abide by the provisions of § 99-40.3 of these Revised Ordinances, and shall further be prohibited from placing along any of the public streets, highways, parks or other public place in the Borough or along any curb for garbage collection any leaves, sticks, branches, grass clippings, foreign material or construction material. All such materials shall be removed and properly disposed of by all landscapers.
It shall be the duty and responsibility of the Property Maintenance
Officer to enforce the provisions of this article as herein provided.
In enforcing this article, the Property Maintenance Officer shall
consult or seek the advice or assistance of such other agents of the
Borough as necessary and appropriate to enforce the provisions of
this article. Such other individuals shall cooperate with and aid
the Property Maintenance Officer in the enforcement of this article.
The Property Maintenance Officer and any agent or employee of
the Borough working under the supervision of the Property Maintenance
Officer who acts in good faith and without malice in the discharge
of duties of enforcement of this article is relieved of all personal
liability for any damage that may accrue to persons or property as
a result of such acts or alleged failure to act. Further, the Property
Maintenance Officer shall not be held liable for any costs in any
action, suit or proceeding that may be instituted by the Property
Maintenance Officer in the enforcement of this article.
A.
Any person or persons who shall violate or fail to comply with any
of the provisions of this article, upon conviction thereof, shall
be punished by a fine of $100 for the first offense, $500 for the
second offense and $1,000 for the third offense and/or the revocation
of the permit to further operate within the Borough.
B.
The Property Maintenance Officer or any other agent or employee of
the Borough working with or at the direction of the Property Maintenance
Officer shall issue all necessary notices, orders and summons to enforce
the provisions of this article and remedy any violations of it.
