[HISTORY: Adopted by the Board of Trustees
of the Village of Russell Gardens 4-6-1992 by L.L. No. 1-1992.
Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 36.
This chapter and all of its provisions shall
be known and may be cited as the "Landscape Gardening Control Law
of the Village of Russell Gardens."
For the 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 service, 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 buildings.
The tilling, sowing, cultivation, trimming, fertilization,
pruning, cutting, shaping, treatment, spraying 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.
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 Russell Gardens.
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 obtained
and having in full force and effect a license for such purpose, issued
pursuant to the requirements of this chapter.
B.
Notwithstanding the provisions of Subsection A hereinabove, the following persons shall be exempt from the licensing requirements of such subsection:
(1)
Any person engaged in such trade or business as the
employee or agent of a person licensed under this chapter while the
employee or agency is under the actual direction, supervision and
control of his employer.
(2)
Any person engaged in such trade or business or such
person's actual employees or agents pursuant to a contract or subcontract
for such services with any federal, state or local governmental agency
or authority.
(3)
Any person engaged in the rendering of landscaping,
gardening or groundskeeping services pursuant to and within the scope
of his duties and responsibilities as an employee of any governmental
agency or authority or as the private employee of any owner, tenant
or occupant of land solely while in or upon the lands owned, leased
or occupied by his employer.
(4)
Any person who renders or performs necessary or related
landscaping, gardening or groundskeeping services incidental to the
erection, construction, renovation, alteration or demolition of any
building or structure pursuant to building permits, construction contracts
or other regulations or requirements.
(5)
Any person who is a licensed architect, engineer,
landscape architect or land surveyor and who renders or performs any
landscaping, gardening or groundskeeping services, provided that such
person has filed a copy of his license and a certificate of good standing
with the Village Clerk prior to rendering or performing such services.
(6)
[1]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.
[1]
Editor’s Note: Former Subsection B(6), regarding landscape
gardeners licensed by the Department of Consumer Affairs of the County
of Nassau, was repealed 2-4-2010 by L.L. No. 2-2010. This local law
also provided for the renumbering of former Subsection B(7) as Subsection
B(6).
A.
Licenses to carry on the occupation of landscape gardener
may be granted by the Village Clerk upon application therefor, in
writing, for that purpose. Such application shall contain the following
information and shall be signed by the applicant:
B.
The annual fee for such license shall be as established
in a Miscellaneous Fee Schedule adopted by resolution of the Board
of Trustees. The license, when issued, shall be signed by the Village
Clerk and shall be carried at all times by the contractor while working
in the Village and shall be shown upon request. Such license shall
continue in force and effect only for the calendar year in which it
is issued. Window stickers shall be displayed on the front windshield
of the vehicle on the driver's side upper left corner. The fee
schedule may be amended from time to time by like resolution and shall
be available in the office of the Village Clerk.
[Amended 2-4-2010 by L.L. No. 2-2010; 12-5-2019 by L.L. No. 17-2019]
A person licensed pursuant to this chapter shall,
at all times, keep a copy of such license on his 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 governmental agency or authority.
Any person committing an offense against any provision of this chapter shall be punishable as provided in Russell Gardens Code § 1-13.
Whenever it shall appear to the satisfaction
of the Mayor or the Village Clerk that there has been any false statement
or any misrepresentation as to a material fact in the application
on which the license was based or that any license has been issued
in error or that the conditions are such that the license 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 license was granted or that the further use of the license
or the exercise of the privileges thereunder would be contrary to
the best interests 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 Clerk may forthwith suspend such license,
with or without notice and without refunding any portion of the license
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 license
permit or may continue the suspension of such license for such period
of time as the Board may determine. The licensee 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 licensee to appear before the Board
and show cause why the license should not be permanently revoked,
and the failure of the licensee to appear at the time and place appointed
shall, without more, be deemed adequate ground for the permanent revocation
of the license.
