[HISTORY: Adopted by the Board of Trustees
of the Village of Valley Stream 2-8-1993 by L.L. No. 2-1993. Amendments noted where
applicable.]
As used in this chapter, the following words
and phrases shall have the following meanings:
Includes any person engaged in the business of gardening
or landscaping in the Village of Valley Stream.
The business of tending, planting, preparation, installation,
maintaining or managing of lawns, gardens, flower beds, shrubbery,
trees or landscaping of every nature and description on real property
which the person performing the work does not own. The spraying of
lawns, gardens, flower beds, shrubbery or trees shall be considered
for the purpose of this chapter as "gardening or landscaping."
Includes any person who has been granted a license by the
Village Clerk to engage in gardening or landscaping within the Village
of Valley Stream.
Includes any individual, firm, partnership, corporation or
business of any nature.
Includes any road open to the public for its full width from
property line to property line, including sidewalk area, whether or
not installed.
Includes any real property owned by the Village of Valley
Stream.
Includes every device in, upon or by which a person or property
is or may be transported upon a public highway.
No person over the age of 18 years shall engage
in the business of gardening or landscaping in the Village of Valley
Stream without first having obtained a license therefor from the Village
Clerk.
The Village Clerk shall have the authority to
grant licenses under this chapter.
The application for a license to operate or
conduct business as a gardener or landscaper in the Village of Valley
Stream shall be made, in writing, to the Village Clerk and signed
by the applicant. The application shall set forth such information
as required by the Village Clerk and the Superintendent of Public
Works.
A.
The annual fee for a license under this chapter shall
be $100, which fee shall include one vehicle to be utilized by the
licensee. For each additional vehicle or trailer to be utilized by
the licensee, there shall be an additional annual fee of $20. There
shall be a fee of $10 for replacement of a lost license or each decal.
[Amended 5-20-2013 by Res. No. 094/13; 7-24-2023 by Res. No. 123/23]
B.
All licenses issued under this chapter shall expire
on February 28 of each year, and each license shall be renewed before
such expiration date.
C.
The foregoing fees may be changed from time to time
by the Board of Trustees, by resolution.
A.
Every licensee shall conduct his/her operations in
conformance with the laws of New York State and the Village of Valley
Stream. A licensee who applies pesticides and related material in
the course of business shall be licensed in accordance with Article
33 of the Environmental Conservation Law.
B.
No licensee under this chapter shall make any false
promise or misrepresentation regarding the business or operation licenses
or the nature of the services rendered by such licensee.
C.
A licensee shall conduct himself/herself in a courteous,
honest and lawful manner at all times.
D.
No licensee shall operate any power or manual lawn
mower or other gardening equipment at any time between the hours of
8:00 p.m. and 8:00 a.m. on any day.
E.
No licensee shall place or scatter any garbage, refuse,
cuttings, leaves, wood or other materials upon any public highway
or public property.
F.
No licensee shall burn any wastepaper, rubbish, leaves,
cuttings, wood or other waste materials at any time. The licensee
shall be responsible for carting away and properly disposing of all
such material.
G.
The Village Clerk shall issue a decal to be affixed
to and prominently displayed on each vehicle and trailer utilized
by the licensee, as evidence of such licensee's compliance with this
chapter.
[Amended 11-19-2018 by L.L. No. 26-2018]
Any person, firm, company, association, corporation
or business of any kind who fails to comply with any of the provisions
of this chapter shall be punished by a fine of not more than $2,000
and/or 15 days in jail. Any license issued under this chapter shall
be revoked upon a conviction of a third offense.
No license shall be issued to a person if a
prior license issued hereunder to such person was revoked, except
upon good cause shown by such person at a hearing before the Board
of Trustees, when requested by such person.
A.
This chapter shall not apply to any person who operates,
at a fixed location within the Village, any garden supply or florist
shop, commercial nursery or greenhouse or similar type of business
which does not offer gardening or landscaping services, nor to any
employee or agent of such person.
B.
This chapter shall not apply to any person engaged
solely in the business of landscaping engineering or garden planning
who does not perform any of the functions described under the definition
of "gardening or landscaping" herein.
C.
This chapter shall not apply to caretakers of property
residing on such property.
D.
This chapter shall not apply to persons younger than
18 years of age.
The provisions of this chapter are declared
to be severable, and if any section, sentence, clause or phrase of
this chapter shall for any such reason be held to be invalid or unconstitutional,
such decision shall not affect the validity 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.
This chapter shall take effect immediately.
