[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:
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.
A.
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 or to
apply pesticides or other chemicals without proof that they are licensed
by the appropriate New York State agencies to apply pesticides and
other chemicals. A copy of said license shall be provided to the Building
Department Clerk.
[Amended 12-14-2020 by L.L. No. 3-2021]
B.
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]
A.
Any landscaper
desiring to register as required by this chapter shall make application
on forms to be furnished by the Village Administrator.
B.
Each applicant
for registration shall pay a fee as established by the Board of Trustees
as a nonrefundable filing fee with the application.
C.
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.
D.
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.
E.
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.
F.
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.
[Amended 12-14-2020 by L.L. No. 3-2021]
A.
A gardener, landscaper or any other person, including the homeowner,
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 person or entity to do the same.
B.
A gardener, landscaper or any other person, including the homeowner,
shall not 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.
C.
A gardener, landscaper or any other person, including the homeowner,
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.
D.
A gardener, landscaper or any other person, including the homeowner,
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.
E.
A gardener, landscaper or any other person, including the homeowner,
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.
F.
A gardener, landscaper or any other person, including the homeowner, shall not remove any tree without first applying for a permit at the Village office pursuant to Lake Success Code, Chapter 99, entitled "Tree Preservation," which states in pertinent part that a permit is required for the removal of any tree with a trunk diameter of seven inches or greater measured four feet from ground level.
G.
A gardener, landscaper or any other person, shall not spray trees,
plants or other foliage or otherwise apply pesticides or fertilizers
on Saturday or Sunday.
H.
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.
I.
A gardener, landscaper or any other person, including the homeowner,
may perform landscaping, gardening or groundskeeping services on weekdays
only from 8:00 a.m. to 5:00 p.m., and on Saturdays only from 9:00
a.m. to 2:00 p.m. No such services shall be performed on a federal
holiday.
J.
A gardener, landscaper or any other person, including the homeowner, 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, entitled "Noise," which states in pertinent part that lawnmowers, leaf blowers and other similar machines are permitted on weekdays only from 8:00 a.m. to 5:00 p.m. and Saturdays from 9:00 a.m. to 2:00 p.m.
K.
A gardener, landscaper or any other person, including the homeowner,
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.
L.
A gardener, landscaper or any other person, including the homeowner,
shall not bum any wastepaper, rubbish, leaves, cuttings, wood or other
waste materials at any time nor cause or permit any other person to
do the same. This shall not prevent a homeowner from burning wood
in a fireplace or firepit.
M.
No gardener, landscaper or any other person shall apply or spray pesticides or fertilizers on any properties within the Village unless they have been approved by the appropriate federal, state or local agencies and have provided the Village with copies of all required permits and licenses as set forth in Lake Success Code § 67-4A.
[Amended 4-10-2006 by L.L. No. 7-2006]
A.
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.
B.
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.
