[HISTORY: Adopted by the Town Board of the Town of Salina 8-9-1999 by L.L. No. 5-1999. Amendments noted where applicable.]
This chapter shall be known as the "Tree, Shrub and Brush Removal Personnel Law of the Town of Salina."
This chapter is enacted for the purpose of licensing and regulating the conduct and business practices of tree removal personnel within the Town of Salina, whereas during the 1998 Labor Day storm, and at various other times, tree removal businesses have solicited Town of Salina residents, some of them elderly, for the purpose of hiring and retaining their tree removal services to remove fallen trees, tree parts and debris, unsafely removing trees and tree parts and depositing refuse and tree parts in the Town of Salina right-of-way.
As used in this chapter, the following terms shall have the meanings indicated:
- An individual, firm, partnership, corporation or other association or legal entity and any principal, agent, contractor or employee thereof.
- TOWN BOARD
- The Town Board of the Town of Salina.
- TOWN CLERK
- The Town Clerk of the Town of Salina.
- TOWN COUNSEL
- Any person serving at the time as the attorney for the Town of Salina.
- TREE REMOVAL BUSINESS
- A business or service conducted where the person or persons, in part or in whole, deal with or conduct the removal of trees, shrubs, brush, weeds, yard waste or any other foliage.
- TREE REMOVAL PERSONNEL
- A person or persons, either as a principal, agent, contractor, employee or representative, who engages or proposes to engage in a tree, shrub or brush removal business.
It shall be unlawful for any person to perform within the Town of Salina tree, shrub or brush removal business(es) or service(s) as herein defined, or assist such a person so acting, without first having obtained and paid for, and having in full force and effect, a license for such activities as defined and provided for herein.
Any person desiring to procure a tree removal license as herein provided shall file with the Town Clerk a written application upon a form furnished by the Town Clerk. An applicant for a tree removal license shall provide the following in addition to any other requirements set forth on the application provided by the Town Clerk:
The address and telephone number of the applicant's residence and place of business and duration of time at such address.
The identity of the company or service represented by the applicant or by whom the applicant is employed, together with documents establishing the service or company's principal place of business, the form of organization, the identity of ownership and authority of said company or service to do business in the State of New York. All applicants shall disclose in any application the identities and the addresses of shareholder's, officers, directors, members, partners or such similar persons as required by the Town of Salina.
A brief description of the nature of the business and the types of services the company or service performs.
The licensing provision of this chapter shall not apply to the following:
Business conducted pursuant to statute or by order of any court.
Business conducted by any discharged member of the United States Armed Forces who has procured a license issued by the County Clerk as provided by § 32 of the General Business Law of the State of New York.
Business conducted pursuant to contract or authority with the Town of Salina for refuse removal services.
Notwithstanding any exemption herein granted as above, all persons exempted herein shall, however, file an application with the Town Clerk claiming such exemption on a form provided by the Town Clerk before the commencement of any business or transaction exempted hereunder.
This chapter shall not be construed so as to unlawfully burden or interfere with interstate commerce.
Upon the filing of the application, the Town Clerk shall, upon approval of such application, issue to the applicant a license as provided herein. A license may be refused if the applicant has been convicted of a misdemeanor or felony which, in the judgment of the Town Clerk, renders the applicant unfit or undesirable to carry on the trade or occupation consistent with a tree removal service or company. No license shall be issued by the Town Clerk until the Town Clerk has had a reasonable opportunity to determine the applicant's fitness and in no event prior to the passage of five business days following the day on which the application is received, except that such five-day requirement may be waived solely in the Town Clerk's discretion in the event of special or exigent circumstances requiring immediate relief for a town resident.
No applicant who has been refused a license hereunder or has as hereinafter provided had a license revoked shall make any further application for a license for a period of six months after denial or revocation; and in no event shall reapplication be made at any time without submission of proof that the reason for prior refusal or revocation no longer exists.
Any applicant who is refused a license by the Town Clerk may apply to the Town Board for such license, and the same may be granted or refused by the Town Board, except as prohibited by Town Law § 137.
A license shall not be assignable. Any holder of any license who permits it to be used by any other person or entity, and any person or entity who uses such license granted to another, shall each be guilty of a violation of this chapter.
Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof, under the original application, may be issued by the Town Clerk, upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
All licenses shall clearly state the type of vehicle to be used for the tree removal, the types of services rendered, the town's designated number of license, the date of issuance and expiration of the license, the fee paid and the name and address of the licensee.
Such license shall be for such term as requested by the applicant, but in no event shall such term exceed one year from the date of issuance.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
The license fee for each person licensed hereunder shall be as established hereafter by resolution of the Town Board.
A license issued pursuant to this chapter may be revoked by the Town Board after a public hearing as provided in Article 9 of the Town Law.
The Town Clerk shall keep and maintain records of all applications and all licenses granted under the provisions of this chapter, specifying the number and date of each license, the fee paid and the date of revocation of all licenses revoked.
A violation of the provisions of this chapter shall be an offense punishable as provided in Chapter 1, Article II, General Penalties. Violations hereof, which shall continue for more than seven days, shall be a separate and additional violation for each week thereafter or portion thereof during which such violations continues.
This chapter is hereby adopted pursuant to the provisions of § 10 of the Municipal Home Rule Law. It is the intent of the Town Board pursuant to § 10 of the Municipal Home Rule Law, to supersede any provisions of state or local laws regarding same.