This chapter shall be known and may be cited
hereinafter as the "Landscaper Licensing Law of the Town of Ramapo."
The Town Board of the Town of Ramapo hereby
determines that, to protect the public health, safety and welfare
of the residents of the unincorporated area of the Town of Ramapo,
the public interest requires registration and licensing of landscapers
operating within the 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 Town.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
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 materials
indigenous 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, firm,
partnership or corporation.
PRIVATE PROPERTY
Includes all real property, improved or unimproved, owned
by any person, association of persons, 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 Ramapo, 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 Ramapo.
No person who is a landscaper 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 Town unless he shall have first obtained a permit
from the Town Clerk and shall have agreed to conform to the provisions
of this chapter with respect to the conduct of the business of a landscaper,
except that no permit shall be required for:
A. 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
B. Any person under the age of 18 years.
[Amended 2-6-2012 by L.L.
No. 2-2012]
Permits issued pursuant to this chapter shall
not be assignable or transferable. Any vehicle certificate issued
pursuant to this chapter shall be conspicuously affixed to each motor
vehicle and shall not be removed therefrom. Upon the filing of an
affidavit, or such other proof as may be required by the Town Clerk,
a substitute or replacement certificate may be issued, upon the payment
of a fee in accordance with the Standard Schedule of Fees of the Town
of Ramapo.
[Amended 2-6-2012 by L.L.
No. 2-2012]
During the period from October 1 to December
31 annually, a landscaper holding a permit issued by the Town 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 purposes of composting or is
mulching said leaves.
The Police Department of the Town of Ramapo and/or the enforcement official as designated in Chapter
376, Zoning, §
376-140 of the Code of the Town of Ramapo shall have the power, right and authority to issue an appearance ticket as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York for the violation of any section or provision of this chapter.