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.
Includes grass clippings, prunings, leaves, tree branches,
trunks, stumps, roots, rocks, sand and any other natural indigenous
materials to gardens, lawns, shrubbery and trees.
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.
Includes any individual, association of individuals, partnership
or corporation.
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.
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.
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.
A.
No landscaper shall operate any power or manual lawn
mower or any other gardening equipment between the hours of 8:00 p.m.
and 8:00 a.m., local time.
B.
Burning of any landscape material must be previously
permitted by the Rockland County Health Department.
C.
All landscape material shall be removed by the landscaper and disposed of in an authorized manner at an authorized disposal site, except as provided in § 127-12.
D.
No one shall blow or rake leaves, grass or other debris
onto a public highway, right-of-way or sidewalk or onto adjoining
property with the intent of not removing the same.
E.
No one shall spill or dump oil, gasoline or other
petroleum products or any pesticides on the public highway, right-of-way
or sidewalk or onto adjoining property. No equipment shall be filled
or refilled except over a drop cloth or other device designed to catch
and retain any accidental spillage. Said drop cloth or other device
shall be returned in a properly marked container and properly disposed
of pursuant to law.
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.
