[HISTORY: Adopted by the Board of Trustees of the Village of Williston
Park 6-18-1990 by L.L. No. 2-1990 (Ch. 16 of the 1975 Code). Amendments noted
where applicable.]
A.
It is the finding of the Board of Trustees that the provisions
of this chapter are necessary and desirable to regulate and control the enterprise
of commercial landscape gardening and to generally regulate certain landscaping,
gardening or grounds-keeping activities and services which pose a potential
or actual risk of noise, odors or other nuisance or which might otherwise
impair or disturb the public health, safety, peace, welfare and good order
of the community.
B.
It is the intention of this chapter to license certain
persons engaged routinely in the trade or occupation of commercial landscape
gardening and to limit, regulate or prohibit related activities by any person
which, if left unregulated, would tend to create or encourage public or private
nuisances, noise or other environmental pollution or disturbance of the public
peace and order.
For the purposes of this chapter, the following words and phrases shall
have the meanings ascribed:
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.
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.
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.
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.
A.
It shall be unlawful for any person to engage in or practice
the trade or business of commercial landscape gardening within the corporate
limits of the Village of Williston Park without having first obtained and
having in full force and effect a license for such purpose issued pursuant
to the requirements of this chapter.
B.
Every truck, dump truck, van or other motor vehicle and every trailer, container or other towable device owned, leased or otherwise used by any person engaged in the trade or business of commercial landscape gardening, except those persons exempted under Subsection C(1), (2), (3) and (4), shall have an accessory vehicle permit, required by this chapter, firmly affixed to such vehicle or device at all times that such vehicle or device is located and used in the village in the course of such trade or business.
C.
Notwithstanding the provisions of Subsection A above, the following persons shall be exempt from the licensing requirements of such subsection:
(1)
Any person engaged in such trade or business as the employee
or agent of a person licensed under this chapter while the employee or agent
is under the actual direction, supervision and control of his or her employer.
(2)
Any person engaged in such trade or business or such
person's actual employees or agents pursuant to a contract or subcontract
for such services with any federal, state or local governmental agency or
authority.
(3)
Any person engaged in the rendering of landscaping, gardening
or grounds-keeping services pursuant to and within the scope of his or her
duties and responsibilities as an employee of any governmental agency or authority
or as the private employee of any owner, tenant or occupant of land solely
while in or upon the lands owned, leased or occupied by his or her employer.
(4)
Any person who renders or performs necessary or related
landscaping, gardening or grounds-keeping services incidental to the erection,
construction, renovation, alteration or demolition of any building or structure
pursuant to building permits, construction contracts or other regulations
or requirements.
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.
A.
A person licensed pursuant to this chapter shall at all
times keep a copy of such license on his or her person and/or at the site
at which such person is rendering any landscaping, gardening or grounds-keeping
services and shall immediately produce such copy for inspection by any person
lawfully requesting the production of the license, including but not limited
to any peace or police officer and any inspector, official or employee of
the village or other government agency or authority.
B.
Every motor vehicle and towable device required to have
an accessory vehicle permit pursuant to this chapter shall have such permit
conspicuously affixed to the same and shall have the name, trade name or other
business name of the permit holder, together with the business address and
phone number of the same, plainly, legibly and conspicuously painted or imprinted
in letters and figures each at least two inches in height and at least one
inch in width on each side of every motor vehicle or towable device whenever
the same is located and used within the village.
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.
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.
