[HISTORY: Adopted by the Board of Trustees of the Village
of Hewlett Bay Park 8-12-1986 by L.L. No. 2-1986. Original Section 8,
deleted at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
As used in this chapter, the following words and phrases shall
have the following meaning:
Includes any person who engages in the tending, maintaining,
managing, creating or laying out of lawns, gardens, flower beds, shrubbery,
trees or landscaping of every nature and description on other than
his own property.
Includes any individual, firm, partnership or corporation.
Includes all real property, improved or unimproved, owned
by any municipal corporation, corporation, person, partnership, firm,
association or otherwise and which is not included in the definitions
of "public highway" and "public place" in this section.
Includes any street open to the public for its full width
from property line to property line, including the sidewalk area,
whether or not installed.
Includes any real property available to or open to use by
all or a majority of the property owners or residents of the Incorporated
Village of Hewlett Bay Park.
It shall be unlawful for any person to perform as a gardener
in the territorial limits of the Incorporated Village of Hewlett Bay
Park unless he shall have first obtained and shall have then in force
a gardener's license as hereinafter provided.
A.
Every person who desires to perform as a gardener in the Incorporated Village of Hewlett Bay Park may apply to the Village Clerk for a license on forms to be furnished by the Village Clerk. Such license shall be granted by the Village Clerk upon payment of the fees as provided for in § 79-5 hereof.
B.
Such license shall cover the licensee as well as all the employees
of such licensee.
C.
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of which such person was a principal was revoked, except upon good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.
D.
Elementary, high school students and caretakers residing on property
shall be exempt from the provisions of this section.
A gardener's license shall be issued as of the date of
granting of the same and shall expire on the last day of December
of the same year, unless the same is sooner revoked, as herein provided.
Fees shall be set by resolution of the Board of Trustees.
Any license issued hereunder may be suspended by the Village
Clerk for a period no longer than the next regularly scheduled meeting
of the Board of Trustees. At that time, the holder may appeal the
decision of the Village Clerk to the Board of Trustees.
The following regulations shall be observed by all licensees
and their employees:
A.
No licensee or employee of a licensee shall do or perform or cause,
suffer or permit any of the following acts:
(1)
Operate any power or manual lawn mower or other power equipment earlier
than 8:00 a.m. nor later than 6:00 p.m. on weekdays or earlier than
9:00 a.m. nor later than 6:00 p.m. on Saturdays or legal holidays
or at any time on Sundays; provided, however, that such equipment
may be operated between the hours of 9:00 a.m. and 6:00 p.m. on Sundays
and legal holidays if not more than one such piece of equipment is
in use at any one time and such use is by a person who resides on
the property where the equipment is being operated. This subsection
shall not preclude the operation at any time of such equipment as
may reasonably be required in case of emergency conditions.
[Amended 7-17-1995 by L.L. No. 4-1995]
(2)
Place any garbage, refuse, cuttings, leaves, wood or other materials
upon any public highway, public place or private property.
(3)
Scatter any garbage, refuse, cuttings, leaves or other waste materials
from the custody of such persons onto any public highway, public place
or private property.
(4)
Park a commercial vehicle on a village street.
B.
The gardener's license shall be maintained by the licensee or
his designee and displayed on the jobsite.
At any time during the month of December of each current year,
the holder of a then valid current and unsuspended license may apply
for the renewal and reissue of such license. No renewal or reissue
of license will be made if at the time of application therefor the
said license is under a suspension, except upon good cause shown by
such licensee after a hearing before the Board of Trustees.
