The Town Board of the Town of Haverstraw hereby
determines that, to protect the public health, safety and welfare
of the residents of the unincorporated area of the Town of Haverstraw,
the public interest requires registration and licensing of landscapers
operating within the unincorporated Town so as to control their activities,
as such activities relate to the use of Town streets and the removal
of landscape materials from real property within the unincorporated
Town.
For the purpose of this Article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. The word "shall" is always mandatory and not merely
directory.
LANDSCAPE MATERIAL
Includes grass clippings, prunings, leaves, tree branches,
trunks, stumps, roots, rocks, sand and any other natural indigenous
materials to gardens, lawns, shrubbery and trees.
LANDSCAPER
Includes any person who engages in the tending, planting,
preparation, installation, maintenance, managing, mowing, creating
or laying out of lawns, gardens, flower beds, vegetable beds, shrubbery,
trees or landscaping, of every nature and description, on real property
on which such person does not reside.
PERSON
Includes any individual, association of individuals, partnership
or corporation.
PRIVATE PROPERTY
Includes all real property, improved or unimproved, owned
by any person(s), association(s) or corporation, including municipal
corporations, or otherwise, which is not otherwise defined as a "public
highway" or "public place" herein.
PUBLIC HIGHWAY
Includes any street open to the public which has been accepted
for dedication by the Town of Haverstraw or has been maintained continuously
by the Town in accordance with the provisions of the Town Law of the
State of New York for its full width from property line to property
line, including the sidewalk area, if any, whether or not the same
shall have been installed.
PUBLIC PLACE
Includes any real property available to or open to use by
all residents of the Town of Haverstraw.
No person who is a landscaper and who operates
a business for profit shall conduct any such business and remove any
landscape material of any kind from the premises of any person or
cart or transport the same through or upon any street, avenue, parkway
or highway within the unincorporated Town unless he shall have first
obtained a permit from the Town Clerk and shall have agreed to conform
to the provisions of this Article with respect to the conduct of the
business of a landscaper, except that no permit shall be required
from any person engaged under contract by the Town for the purpose
of said service of removing landscape material as part of an overall
contract with the Town to remove materials of any kind from private
premises or any person under the age of 18 years.
[Amended 11-25-2002 by L.L. No. 15-2002]
All landscapers shall apply for a permit/license,
as required by this section, to the Town Clerk and pay therefor a
fee of $50. Each application for a permit/license shall be filed in
writing and shall specify the following:
A. Name and address of the landscaper and the address
of said individual or, if a firm, the office of the corporation, partnership
or association, together with a telephone number therefor, and the
names of all principals of the business entity conducting business
as a landscaper.
B. Each permit/license issued pursuant to this section
shall be issued as of the date of the granting thereof and shall expire
on December 31 of the same year, unless sooner suspended or revoked.
Permits issued pursuant to this Article shall
not be assignable or transferable. A substitute or replacement certificate
may be issued upon the payment of a fee of $10.
During the period from October 1 to December
31 annually, a Town-licensed landscaper hired by a residential property
owner may place leaves in Town-approved biodegradable bags on property
adjacent to Town highways for pickup by the Town, unless the landscaper
is depositing said leaves in a storage area on the homeowner's property
for the purposes of composting or is mulching said leaves.