For the purposes of this chapter, the following words and phrases shall
have the meanings ascribed:
COMMERCIAL LANDSCAPE GARDENING
The business or trade of rendering any landscaping, gardening or
grounds-keeping services, 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.
GARDENING
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.
GROUNDS-KEEPING
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.
LANDSCAPING
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.
Every person desiring to procure a license and/or accessory vehicle permit required by this chapter or who is required to file a copy of a reciprocal license as required by §
126-3C of this chapter shall file a written application and copies of all other necessary documents and shall pay all fees and charges therefor to the Village Clerk, in accordance with the provisions of §
126-5 hereof.
The fee for a commercial landscape gardener's license and for each accessory vehicle permit shall be as provided in Chapter
93, Fees.
No person, whether or not licensed, required to be licensed or otherwise
exempt from licensure under the provisions of this chapter, shall:
A. Commence or continue the performance of any landscaping,
gardening or grounds-keeping services between the hours of 8:00 p.m. and 7:00
a.m. prevailing time.
B. Use any gas, diesel, electric or other machine or device
which emits noise and fumes in the performance of any landscaping, gardening
or grounds-keeping services unless such device is affixed with a muffler and
exhaust emissions control device manufactured and originally installed on
such machine or device by the manufacturer or distributor of such equipment.
C. Use any blower or similar device to move, scatter, gather,
disperse or place any dirt, soil, plant waste, lawn or grass clippings, litter,
debris or other refuse of any kind in, on or upon any public street, sidewalk
or other public place or in or upon the private lands or private property
of any person without the prior authorization and consent of the governing
authority or the owner of such public street, sidewalk or public place or
the owner of such private lands or property, and in any such event all materials
shall immediately be gathered and placed in sealed receptacles designed and
intended to hold the same and removed and disposed of at the cost and expense
of the person performing such service or activity.
D. Fail to remove all lawn or grass clippings, dirt, soil, plant waste, debris or other landscape material from the site and dispose of the same in an authorized manner, at an authorized disposal site, in accordance with Chapter
187, Solid Waste, Article
I, Sanitation Regulations, of this Code.
Applications for licenses and renewal of licenses, together with all required fees, shall be filed with the Village Clerk during the month of December, and such licenses shall expire on the 31st day of December of the year next ensuing, unless sooner revoked. In the event that an application is filed after December 31, then the applicant shall pay a late charge as provided in Chapter
93, Fees.
No license shall be issued to a person if a prior license issued hereunder
to such person or to a firm, partnership or corporation of which such person
was a principal was revoked, except upon good cause shown by such person at
a hearing before the Board of Trustees, when requested by such person.
In addition to the penalties set forth in §
126-11, the Board of Trustees may revoke or suspend any license issued pursuant to this chapter after notice to the licensee and a reasonable opportunity to be heard. The Board of Trustees may take such action if, in its discretion, such action is warranted due to a violation by the licensee or his or her employees of any provisions of this chapter or of any other village law or ordinance.
Any person who violates any provision of this chapter shall be guilty of a violation punishable as provided in Chapter
1, §§
1-18 and
1-19 of this Code.