[Amended 4-15-2014 by L.L. No. 4-2014]
This article and all of its provisions shall be known and be
cited as the "Landscape Gardening and Irrigation Services Law of the
Incorporated Village of Roslyn."
It is the finding of the Board of Trustees that the provisions
of this article are necessary and desirable to regulate and control
the enterprise of commercial landscape gardening, groundskeeping activities
and irrigation services and services which pose a potential or actual
risk of noise, odors, or other nuisances or which might otherwise
impair or disturb the public health, safety, peace, welfare and good
order of the community. It is the intention of this article to register
certain persons engaged routinely in the trade or occupation of commercial
landscape gardening or irrigation services and to limit, regulate
or prohibit related activities by any person which, if left unregulated,
tend to create or encourage public or private nuisances, noise or
other environmental pollution or disturbance of the public.
As used in this article, the following terms shall have the
meanings indicated:
The business or trade of rendering any landscaping, gardening
or groundskeeping services, as defined herein, whether 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.
Any device powered by a gasoline, diesel or similar fuel
engine which is used, designed or operated to produce a current of
air for the purpose of pushing, propelling or blowing leaves, dirt,
gardening and grass clippings and cuttings, refuse or debris.
[Added 1-18-2022 by L.L. No. 1-2022]
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 installation or maintenance of any tube, pipe or hose,
or any combination thereof, and all accessory valves, sprinklers and
other devices, if any, which are used to transport and release water
for the purpose of applying water to the land or soil.
The planting, arranging, placing, maintaining 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 or irrigation
services within the corporate limits of the Village without having
first registered with the Village pursuant to the requirements of
this article.
B.
Landscaping functions or irrigation services may be performed without
registering with the Village by the owner or occupant of the property
on which the work is being performed, by an employee of such owner
or occupant, provided that said employee does not service more than
two properties in the Village and has no other employees, or by a
person providing such services on a casual or part-time basis, if
such person is under 22 years of age or if said person does not utilize
a motor vehicle to transport equipment used in furnishing such services.
A.
Any landscaper or irrigation service professional desiring to register
as required by this article shall make application on forms to be
furnished by the Village Clerk/Treasurer. Each applicant will be required
to show current proof of licensing from the County of Nassau.
B.
Each applicant for registration shall pay a nonrefundable filing
fee as same shall be set from time to time by resolution of the Board
of Trustees.
D.
Each person registered pursuant to this article shall, at all times,
keep a copy of such registration on his or her person and/or at the
site at which such person is rendering any landscaping, gardening,
groundskeeping services or irrigation services and shall immediately
produce such copy for inspection by a person lawfully requesting the
production of the same, including but not limited to any peace or
police officer and any inspector, official, officer or employee of
the Village or other governmental agency or authority.
E.
The Village shall provide a vehicle permit decal to be firmly affixed
to the left (driver's) side on 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 or at all times when
such person is engaged in the business of commercial landscape gardening
or irrigation services or at all times when such vehicle or device
is located and used in the Village in the course of such trade or
business.
[Amended 11-17-2015 by L.L. No. 6-2015]
A.
No professional gardener, landscaper, irrigation service professional
or similar service provider shall:
(1)
Blow or rake leaves, grass or other debris onto any public highway
or right-of-way or onto the property of any person or cause or permit
any other person or entity to do the same.
(2)
Place any garbage, refuse, cuttings, leaves, wood or other materials
upon any public highway or right-of-way or upon any public or private
place or property or cause or permit any other person or entity to
do the same.
(3)
Spill or dump oil, gasoline or other petroleum products or any pesticides
on the public highway or right-of-way, sewer or storm drain or anywhere
on the ground or on the property of any person or upon any person
or cause or permit any other person or entity to do the same.
(4)
Fill or refill any machinery or equipment with any fuel or lubricant,
except over a drop cloth or other device designed to catch and retain
any accidental spillage, or cause or permit any other person or entity
to do the same.
(5)
Commence or continue the performance of any landscaping, gardening,
groundskeeping services or irrigation services before the hour of
9:00 a.m. on weekdays and 10:00 a.m. on Saturday, and work must conclude
by 5:00 p.m. on all days. No work is to be performed on Sundays or
legal holidays. No leaf blower or other similar motorized leaf-blowing
device shall be used on Saturdays, Sundays or legal holidays.
(6)
Operate or permit the operation of any equipment which emits unusually
loud or unnecessary noise or cause or permit any other person to do
the same in violation of the Roslyn Code.
(7)
Operate or permit the operation of any equipment which emits excessive
fumes or cause or permit any other person to do the same.
(8)
Burn any wastepaper, rubbish, leaves, cuttings, wood or other waste
materials at any time or cause or permit any other person to do the
same.
(9)
Apply or spray pesticides or fertilizers that have not been approved
by the appropriate federal, state or local agencies.
(10)
Operate or permit the operation of any gas-powered leaf blower during
the period June 15 through and including September 15.
[Added 1-18-2022 by L.L. No. 2-2022]
B.
No gardener, landscaper or irrigation service professional shall:
[Amended 1-18-2022 by L.L. No. 2-2022]
(1)
Remove leaves, clippings or other yard waste in a truck, dump truck,
van or other motor vehicle, trailer, container or other towable device
without securing a tarpaulin or other covering to prevent accidental
spillage.
(2)
Remove any tree without first applying for a permit at the Village office pursuant to Chapter 442, Trees, of this Code.
(3)
Spray trees, plants or other foliage or otherwise apply pesticides
or fertilizers on Saturday, Sunday or a recognized legal holiday.
C.
All gardening, landscaping and irrigation services shall be performed
in accordance with the laws, rules and regulations of the United States,
the State of New York, the County of Nassau and the Village of Roslyn.
