[HISTORY: Adopted by the Town Board of the Town of Amherst 3-16-1992 by L.L. No.
5-1992. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Amherst
Landscapers Law."
As used in this chapter, the following terms shall have the
meanings indicated:
All grass, weeds, brush, leaves, flowers, shrubs, limbs up
to six inches in diameter and six feet in length, small stumps not
to exceed 24 inches in diameter and four feet in length.
[Amended 1-19-1999 by L.L. No. 3-1999]
Any person providing services of planting, trimming or cutting
of bushes, shrubs, flowers, vegetables, trees or grass for which a
contract or agreement has been established on other than his own property.
Any individual, firm, partnership, association or corporation.
All real property, improved or unimproved, owned by any municipal
corporation, person or otherwise and which is not included in the
definitions of "public highway" and "public place."
Any street open to the public for its full width from property
line to property line, including the sidewalk area, whether or not
installed.
All real property available to or open to use by all residents
of the Town of Amherst outside the corporate limits of the Village
of Williamsville.
No person who is a landscaper shall conduct any such activities
or remove any landscape material of any kind from the premises of
any person or transport the same through or upon any street, avenue,
parkway, road, boulevard or highway within the Town of Amherst, outside
the corporate limits of the Village of Williamsville, unless he shall
have first obtained a permit from the Town Clerk and shall have agreed
to conform to the provisions of this chapter.
A.
All landscapers shall apply to the Town Clerk for a permit upon forms
to be furnished by said Town Clerk and pay a permit fee as set by
the Town Board and published in said Town Clerk's office. In
addition to the basic permit fee, there shall be paid to the Town
Clerk a vehicle certification fee as set by the Town Board and published
in said Town Clerk's office for each motor vehicle, including
trailers, in excess of one which is to be used in furtherance of the
landscape business.
[Amended 1-19-1999 by L.L. No. 3-1999]
B.
The permit application shall specify the following:
(1)
The name, address and telephone number of the landscaper.
(2)
The name, address and telephone number of each principal partner
or corporate officer of the landscaper.
(3)
The make, serial number, license number and load capacity of each
motor vehicle, including trailers, to be utilized by the landscaper
for which a vehicle certificate shall be issued.
C.
Each permit issued pursuant to this section shall be issued as of
the date of the granting thereof and shall expire on December 31 in
the year in which the permit is issued.
D.
Permits shall not be assignable or transferable. Vehicle certificates
issued pursuant to this chapter shall be conspicuously affixed to
each motor vehicle or trailer and shall not be removed therefrom.
E.
Certificates for motor vehicles shall be placed on the driver's
side door, below the side-view mirror.
F.
Certificates for trailers shall be placed on the tongue or hitch.
G.
The vehicle certificate shall be unobstructed and readable from a
distance of not less than 10 feet.
H.
A substitute or replacement certificate shall be issued upon the
payment of a fee as set by the Town Board and published in the Town
Clerk's office for each replacement upon the filing of an affidavit
or such other proof as may be required by the Town Clerk.
[Amended 1-19-1999 by L.L. No. 3-1999]
[Amended 1-19-1999 by L.L. No. 3-1999]
A.
A licensed landscaper who has secured a permit as prescribed herein
and is using a certificated vehicle shall be authorized to use the
Town of Amherst compost facility for the disposal of landscape material.
The permit holder shall secure tipping fee disposal tickets from the
Town Clerk.
B.
Tipping fees and finished material prices. The Town Board shall review
fees and prices on a yearly basis. Current fee and price structures
shall be posted in the Town Clerk's office and at the compost
facility.
A.
Landscape material for disposal at the Town of Amherst compost facility
shall not be bagged or contain any foreign objects such as stone,
brick, concrete, plastic or metal.
B.
During the period from October 1 through December 15, annually, there
will be no tipping fee for leaves and grass delivered to the compost
facility.
[Amended 12-19-1994 by L.L. No. 6-1994; 1-19-1999 by L.L. No. 3-1999]
C.
The burning of landscape material is prohibited.
D.
All landscape material, if removed from the serviced property by
the landscaper, shall be transported to the Town of Amherst compost
facility for disposal except as herein provided.
E.
The landscaper may leave landscape material at the serviced property,
upon the approval of the property owner, provided that the landscape
material is placed in proper containers for Town collection. The landscape
material shall not be placed at the curbside of the serviced property
unless regular scheduled garbage and refuse collection will take place
within 24 hours from the time of its placement.
F.
The placing of landscape material on public highways, public places
or private property is prohibited, except as hereinafter provided.
G.
During the period of October 15 through December 1, annually, leaves
only may be placed within the highway right-of-way adjacent to the
travel portion thereof.
[Amended 3-21-2011 by L.L. No. 2-2011]
[Amended 1-19-1999 by L.L. No. 3-1999]
This chapter shall be enforced by the Refuse Control Department,
the Amherst Police Department, the Engineering Department and such
other departments or persons as may be designated by the Town Board
of the Town of Amherst.
A.
The Town Clerk may revoke a landscaper's permit for violating
any provisions of this chapter.
B.
In addition to a permit revocation by the Town Clerk, a violation
of any provision of this chapter by a person shall be deemed an offense
punishable by a fine not to exceed $250 or imprisonment for a period
not to exceed 15 days, or both.
