[HISTORY: Adopted by the Town Board of the Town of Tuxedo 2-13-2006
by L.L. No. 2-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided that the duty of
the Town, its officers, employees and agents, shall be a general duty. No
one is authorized to create, imply or infer a special duty for which the Town,
officers, employees or agents are liable. Any action against the Town, officers,
employees or agents alleging a special duty or requiring the allegation of
a special duty shall be deemed frivolous.
The purpose of this chapter is to regulate the landscaping services
within the territorial limits of the Town of Tuxedo in pursuance of securing
and protecting the public health, convenience, safety and the welfare of its
inhabitants and preserving the peace, good order and physical appearance of
the Town of Tuxedo.
As used in this chapter, the following terms, phrases, words and their
derivations shall have the meanings indicated herein. The word "shall" is
always mandatory and not merely directory.
- LANDSCAPER
- Any individual, partnership, corporation or business which is paid or barters to perform landscaping services in the Town of Tuxedo.
- LANDSCAPING SERVICES
- Functions which include, but are not limited to, the cultivation, fertilization, seeding, planting, cutting, trimming, pruning or maintenance of grass, shrubs, plants, trees or other foliage.
No person, firm or corporation shall be a landscaper or perform landscaping
services within the Town of Tuxedo, outside of the Village of Tuxedo Park,
unless a permit therefor, as hereinafter prescribed, authorized by the Town
Board and issued by the Town Clerk, is in full force and effect.
A.
Application forms. Except as herein otherwise provided,
every person desiring to engage in the business of providing landscaping services
within the Town of Tuxedo shall make application for such permit to the Town
Board on a form provided by the Town Clerk. The applicant shall subscribe
the application under an oath and provide the following information thereon:
(1)
The name, address, phone number and driver's license
number of the applicant and of each driver employed by the applicant. Laborers
who do not drive in the performance of their duties need not be listed.
(2)
The number of vehicles proposed to be operated by the
applicant and a description of each such vehicle, including the make, model,
year of manufacture, license plate number and vehicle identification number.
(3)
Proof of valid registration and inspection of each vehicle
to be operated.
(4)
All crimes, if any, of which the applicant, member, officer,
director or shareholder has been convicted, stating the name and location
of the courts in which convicted and the dates on which such convictions were
had and the penalties imposed therefor.
(5)
Any other relevant information which the Town Board may
require from time to time as it deems appropriate.
B.
Permit fee. The applicant shall, at the time of the filing
for such permit, pay a permit fee for each vehicle as provided in the Standard
Schedule of Fees of the Town of Tuxedo on file with the Town Clerk, as may
be set from time to time by resolution of the Town Board.
C.
Indemnification. The applicant shall sign an indemnification
statement on the permit application indicating that he agrees to hold the
Town of Tuxedo, its agents, servants and employees harmless from any and all
damages and/or causes of action which may arise out of his landscaping operations
within the Town.
Within seven days after receipt of an application, the Town Clerk shall
refer the application to the Town of Tuxedo Superintendent of Highways and
Police Department for investigation. The Chief of Police shall cause an investigation
to be made of the applicant and his proposed business operation and vehicles
to be permitted. All applicants shall execute consents for release of information
as may be required. Within 14 days after referral, the Chief of Police shall
report to the Town Board the results of the investigation.
Upon the adoption of a resolution by the Town Board approving the application,
the Town Clerk shall issue a permit to the applicant, a copy of which must
be kept in all vehicles at all times while conducting operations under the
permit. All permits issued hereunder shall commence on March 1 and expire
on February 28 of the following year, unless sooner suspended or revoked by
the Tuxedo Town Board as hereinafter provided. Permits are not transferable,
delegable or assignable. Any permit issued hereunder may be renewed annually
for an additional one-year period upon filing of an application containing
all the information required by the provisions of this chapter for original
applications, upon payment of the required fee, and upon satisfactory completion
of the required investigations.
The Town Board may deny the issuance of a permit for good cause on the advisement of the Superintendent of Highways or the Chief of Police, or upon receipt of evidence of prior noncompliance with the provisions of this chapter, improper conduct or incompetent or destructive landscaping operations performed in the Town. The applicant may appeal such denial by filing with the Town Clerk a written request therefor, upon receipt of which a hearing will be conducted in the manner as set for in § 63-11, Hearings.
A.
No person shall cause or permit anyone to blow or rake
leaves, grass or other debris onto the public highway or right-of-way or onto
adjoining property. As a precondition to the issuance of a permit hereunder,
a landscaper will be required to furnish proof that he, she or it has a permit
to deposit leaves, grass clippings and other debris at a duly licensed depository
or other lawful place of disposal.
B.
No person shall cause or permit anyone to spill or dump
oil, gasoline or other petroleum products or any pesticides on the public
highway or right-of-way or anywhere on the ground. No equipment shall be filled
or refilled except over a drop cloth or other device designed to catch and
retain any accidental spillage
D.
All work shall be performed in accordance with the laws,
ordinances and rules and regulations of the United States, New York State,
Orange County and the Town of Tuxedo. Every applicant for a license shall
review the applicable laws, ordinances, rules and regulations and shall so
state that the applicant and all of its employees are familiar with such prior
to the issuance of any license.
E.
The Town Board may promulgate or amend, by resolution,
such additional rules and regulations as it deems necessary to further the
purposes of this chapter.
The provisions of this chapter shall be enforced by the members of the
Town of Tuxedo Police Department, the Building Inspector and the Superintendent
of Highways, or such other persons as they shall designate.
A.
Any permit issued hereunder may be suspended by the Town
Board if the holder thereof shall violate any provision of this chapter, any
rule or regulation adopted hereunder or any local law of the Town, or if the
permit holder is convicted of the violation of any traffic law, ordinance
or regulation of the State of New York or of any municipality of the State
of New York or of any crime or is guilty of making a false statement or misrepresentation
in his application. Any permit issued hereunder may be suspended, pending
a hearing for revocation, by the Town Board if the holder thereof shall be
convicted of the commission of any crime or offense. Any person who takes
part in or assists in any violation of this chapter shall likewise be subject
to the penalties provided herein.
B.
No permit shall be revoked by the Town Board hereunder
without a hearing thereon.
Whenever it shall be provided herein that a hearing shall be held, the
following procedure shall be followed:
A.
Notice. The Town Clerk shall give notice thereof, stating
the name and address of the applicant or permit holder concerned, the subject
matter of the hearing and the date, place and hour designated therefor, by
mailing a copy of the notice of hearing to the applicant or permit holder
concerned at the address shown upon the most recent application of such applicant
or permit holder at least 20 days before such hearing, by certified mail.
B.
Rights of parties. Upon any hearing, the applicant or
permit holder involved shall be entitled to be represented by legal counsel
and to present such competent and material testimony or other evidence in
his own behalf as may be relevant to the subject matter of the hearing.
C.
Examination of witnesses. All witnesses shall be sworn
and examined under oath.
Any person who shall violate any of the provisions of this chapter shall,
upon conviction, be punished by a fine not to exceed $250 or by imprisonment
for a period not to exceed 30 days, or by both such fine and imprisonment.
Each violation of any of the provisions of this chapter and each day there
is a violation thereof shall be deemed and taken to be a separate and distinct
offense. In addition, the Town Board, after a hearing, may revoke or suspend
any permit issued hereunder or may refuse to renew any permit previously issued
hereunder for violation of any of the provisions of this chapter.
Exempted herefrom shall be:
A.
The Highway Department of the Town of Tuxedo, or any
federal, state, municipal corporation or public utility and their lawful contractors;
B.
Persons, firms or corporations conducting landscaping
activities within the confines of his or its own property, whether owned or
leased; and
C.
Minors under 18 years of age, or under 21 years of age
if enrolled in higher education, providing services such as grass cutting,
leaf raking, lawn clearing and other similar home services as independent
contractors.
