[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 8-30-1993 by L.L. No. 4-1993. Amendments noted where
applicable.]
For the purposes of this chapter, certain words
are defined as follows:
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
To build, erect, place, form, establish or develop.
Any enclosure or barrier, regardless of materials of composition,
or as now or hereafter defined in the Zoning Code of the Village of
Valley Stream.
[1]Any natural person or an individual, whether a resident of
the Village of Valley Stream or not.
It shall be unlawful for any person or company
engaged in the business of fence construction for profit to construct
a fence within the Village of Valley Stream without having first obtained
a valid license therefor, as provided herein.
An application for a license shall contain the
following information:
A.
Name and description of applicant. In the case of
a corporation, the names of the president, treasurer and secretary.
In the case of a partnership, the names of all the partners. In the
case of a sole proprietor, the name of the proprietor.
C.
A brief description of the nature of the business.
D.
A statement as to whether or not the applicant or persons listed under Subsection A has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance or local law, or consumer complaints; the nature of the offense, and the punishment or penalty assessed therefor, or resolution thereof.
E.
If the applicant is a company, the name and address
and title of the officer of the company upon whom process or other
legal notice may be served.
F.
A description of all vehicles, including the license
number, used by the applicants.
A.
Upon receipt of such application, one copy shall be
referred to the Nassau County Police Department for such investigation
of the applicant to be made as it deems necessary for the protection
of the public good, and one copy to the Nassau County Office of Consumer
Affairs.
B.
If such investigation should prove the applicant to
have a police record or record of consumer complaints, the Police
Department or Office of Consumer Affairs shall attach to such application
a copy of the applicant's police record and shall return the application
to the Village Clerk, who shall notify the applicant that no license
will be issued on said application until a hearing is conducted by
the Village Clerk.
C.
If as a result of such investigation of the applicant,
no police record or record of consumer complaints is found, the Police
Department or Office of Consumer Affairs shall attach to the application
a statement that it has no record of the applicant and shall return
said application to the Village Clerk. Upon the return of such application
and approval by the Village Clerk and the payment of the prescribed
license fee by the applicant, the Village Clerk shall prepare and
deliver to the applicant his license and decal. Such license shall
contain the seal of the Village and show the name and address of the
licensee, the amount of fee paid, the license number, the date of
issuance and the date of expiration of such license, as well as the
state license number or other identifying description of the vehicle
if for a vehicular license.
D.
The Village Clerk shall keep a record of all licenses
issued.
[Amended 7-24-2023 by Res. No. 123/23]
A.
An annual fee for a license under this chapter shall
be $100, which fee shall include one vehicle to be utilized by the
licensee.
B.
For each additional vehicle or trailer to be utilized
by the licensee, there shall be an additional annual fee of $20.
C.
There shall be a fee of $10 for replacement of a lost
license or each decal.
D.
All licenses shall expire on the 31st day of January
of the year next succeeding the date of issuance. There shall be no
reduction in fees for fractional parts of the year.
E.
The aforesaid fees, for the ensuing year, may be changed
by the Board of Trustees at an open meeting by resolution.
A.
For each vehicle licensed under this chapter, the
Village Clerk shall issue a decal which shall bear the number of the
license and the calendar year for which such license is issued, in
figures plainly discernible. Said decal shall be attached to left
side of each vehicle in a conspicuous place and shall be kept clear
and readable at all times.
B.
To each person licensed under this chapter who loses
his decal issued by the Village Clerk, the Village Clerk shall issue
a replacement upon said person submitting an affidavit setting forth
the facts surrounding and establishing the loss of said decal and
payment of the proper fee.
Every person licensed under this chapter shall
have his license in his immediate possession at all times and shall
display the same upon demand of any person.
No license or license plate issued under the
provisions of this chapter may be transferred from one person to another
person or from one vehicle to another vehicle, nor shall the license
so issued be used at any time by any person other than the one to
whom it was issued.
It shall be unlawful for any person to enter
upon private property in or abutting a residential zone for the purpose
of constructing a fence before the hour of 8:00 a.m. of any day, or
after one-half (1/2) hour before sunset of any day, or after the hour
of 7:00 p.m. of any day (whichever is the earlier).
It shall be the duty of any police officer of
the County of Nassau and Code Enforcement Officer of the Village of
Valley Stream to require any person seen constructing a fence, and
who is not known by such police officer or Code Enforcement Officer
to be duly licensed, to produce his license, and to enforce the provisions
of this chapter against any person found to be violating the same.
A.
Licenses issued or to be issued under the provisions
of this chapter may be denied or revoked by the Village Clerk of the
Village of Valley Stream after notice and hearing for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as fence installer.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of fence construction in an
unlawful manner or in such a manner as to constitute a menace to the
health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a license
shall be given, in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address
at least five (5) days prior to the date set for hearing.
C.
The Village Clerk, upon receiving information giving
him reasonable cause to believe that the holder of any license issued
hereunder has violated any provisions of this chapter or has been
convicted of any violation referred to in this section, or indicted
or charged with or for any crime or offense, or has been convicted
of any crime or offense, may forthwith temporarily suspend such license
until a hearing is held by him, as provided herein, and the Village
Clerk shall have issued his determination thereon.
An appeal may be made by any person aggrieved by the action of the Village Clerk in the denial of any application for a license, as provided in § 28A-4 of this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in § 28A-11 of this chapter, to the Board of the Village of Valley Stream. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of such appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
[Amended 7-16-2018 by L.L. No. 6-2018]
A.
A violation
of any of the provisions of this chapter or any part thereof shall
constitute disorderly conduct, and such person shall be and is hereby
declared a disorderly person and shall be liable for and forfeit and
pay a penalty not exceeding $500 and/or 15 days in jail.
The provisions of this chapter are declared
to be severable, and if any section, sentence, clause or phrase of
this chapter shall for any reason be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining sections,
sentences, clauses and phrases of this chapter, but they shall remain
in effect, it being the legislative intent that this chapter shall
stand, notwithstanding the invalidity of any part.
Any other local laws, ordinances or parts of
ordinances inconsistent are hereby repealed.
This chapter shall take effect immediately.
