[HISTORY: Adopted by the Board of Trustees of the Village of Lake Success 5-10-1993 by L.L. No. 12-1993. 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 Lake Success."
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 or groundskeeping activities and services which pose a potential or actual risk of noise, odors or other nuisances 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 register 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, 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:
- COMMERCIAL LANDSCAPING/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 building.
- The tilling, sowing, cultivation, trimming, fertilization,
pruning, cutting, shaping, treatment, spraying, application of pesticides,
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.[Amended 4-10-2006 by L.L. No. 7-2006]
- 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.
- The Incorporated Village of Lake Success.
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 registered with the Village pursuant to the requirements of this chapter.
Landscaping functions may be performed without registering with the Village by the owner or occupant of the property on which the work is being performed, by an employee of such owner or occupant, provided that said employee does not service more than two properties in the Village and has no other employees, or by a person providing such services on a casual or part-time basis, if such person is under 22 years of age or if said person does not utilize a motor vehicle to transport equipment used in furnishing such services.
[Amended 1-9-2012 by L.L. No. 1-2012]
Any landscaper desiring to register as required by this chapter shall make application on forms to be furnished by the Village Administrator.
Each applicant for registration shall pay a fee as established by the Board of Trustees as a nonrefundable filing fee with the application.
All registrations pursuant to this chapter shall expire on the last day of December in the second year for which they have been issued. Registration may be renewed upon payment of the prescribed fee.
A person registered pursuant to this chapter shall, at all times, keep a copy of such registration on his/her 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.
The Village shall provide a vehicle permit decal to be firmly affixed on 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 at all times when such vehicle or device is located and used in the Village in the course of such trade or business.
A fee schedule shall be established by resolution of the Board of Trustees of this Village. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of an application to register as a landscaper. The registration shall be for a two-year period and include up to two vehicle decals. An additional fee, as described in or contemplated by this chapter, shall be paid for each additional vehicle registered.
A gardener or landscaper or other person shall not blow or rake leaves, grass or other debris onto any public highway or right-of-way or onto the property of any person nor cause or permit any other person or entity to do the same.
No gardener or landscaper shall remove leaves, clippings or other yard waste in a truck, dump truck, van or other motor vehicle, trailer, container or other towable device without securing a tarpaulin or other covering to prevent accidental spillage.
A gardener or landscaper or any other person shall not place any garbage, refuse, cuttings, leaves, wood or other materials upon any public highway or right-of-way or upon any public or private place or property except with the consent of the owner thereof nor cause or permit any other person or entity to do the same.
A gardener or landscaper or other person shall not spill or dump oil, gasoline or other petroleum products or any pesticides on the public highway or right-of-way or anywhere on the ground or on the property of any person nor cause or permit any other person or entity to do the same.
A gardener or landscaper or any other person shall not fill or refill any machinery or equipment with any fuel or lubricant except over a drop cloth or other device designed to catch and retain any accidental spillage nor cause or permit any other person or entity to do the same.
No gardener or landscaper shall remove any tree without first applying for a permit at the village office pursuant to Lake Success Code, Chapter 99, Trees, Preservation of.
No gardener or landscaper shall spray trees, plants or other foliage or otherwise apply pesticides or fertilizers on Saturday or Sunday.
All gardening and landscaping shall be performed in accordance with the laws, ordinances, rules and regulations of the United States, the State of New York, the County of Nassau and the village.
A gardener or landscaper or other person shall not commence or continue the performance of any landscaping, gardening or groundskeeping services before the hour of 8:00 a.m. on weekdays, 9:00 a.m. on Saturdays and recognized legal holidays and 10:00 a.m. on Sundays and must conclude by 7:00 p.m. on all days.
A gardener or landscaper or other person shall not operate or permit the operation of any equipment which emits unusually loud or unnecessary noise nor cause or permit any other person to do the same in violation of Lake Success Code, Chapter 75, Noise.
A gardener or landscaper or other person shall not operate or permit the operation of any equipment which emits excessive fumes nor cause or permit any other person to do the same.
A gardener or landscaper or other person shall not burn any wastepaper, rubbish, leaves, cuttings, wood or other waste materials at any time nor cause or permit any other person to do the same.
No landscaper, gardener or any other person shall apply or spray pesticides or fertilizers that have not been approved by the appropriate federal, state or local agencies.
[Amended 4-10-2006 by L.L. No. 7-2006]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation, pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
Any person who knowingly employs a gardener or landscaper who applies pesticides in violation of this chapter shall, upon conviction thereof, be guilty of a violation, pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
Whenever it shall appear, to the satisfaction of the Mayor or the Village Administrator, that there has been any false statement or any misrepresentation as to a material fact in the application on which the registration was based or that any registration has been issued in error or that the conditions are such that the registration should not have been issued or that there has been a failure to comply with any statute, ordinance, rule or regulation or with any condition upon which the registration was granted or that the further use of the registration or the exercise of the privilege thereunder would be contrary to the best interest of the village or its inhabitants or could cause or tend to cause injury, damage or annoyance to persons or property in the village or that other sufficient or adequate reasons exist, the Mayor or the Village Administrator may forthwith suspend such registration, with or without notice, and without refunding any portion of the registration fee, but shall report the facts and circumstances to the Board of Trustees at its next regular meeting. Thereupon, the Board of Trustees may, in its discretion, forthwith and without notice, revoke said registration or may continue the suspension of such registration for such period of time as the Board may determine. The registrant shall, however, have the right to appear before the Board of Trustees and present such proof as he may desire in respect to any such matter. The Board of Trustees may also require the registrant to appear before the Board and show cause why the registration should not be permanently revoked, and the failure of the registrant to appear at the time and place appointed shall, without more, be deemed adequate grounds for the permanent revocation of the registration.