This chapter and all of its provisions shall be known and may
be cited as the "Landscape Gardening Control Law of the Village of
Kensington."
It is the finding of the Board of Trustees that the provisions
of this chapter are necessary and desirable to regulate and control
commercial landscape gardening activities 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. The purpose of this chapter is to register
certain persons engaged routinely in commercial landscape gardening
and to limit, regulate, or prohibit related activities which, if left
unregulated, may tend to create or encourage nuisances, noise, or
other environmental pollution or disturbance of the public peace and
order.
For purposes of this chapter, the following words and phrases
shall have the meanings ascribed:
BOARD
The Board of Trustees of the Village.
COMMERCIAL LANDSCAPING
The business or trade of rendering any landscaping, gardening,
or groundskeeping 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, cultivating, trimming, fertilizing,
pruning, cutting, shaping, treating, spraying, or otherwise maintaining
and/or providing care for any lawn, sod, tree, flower, shrub, bush,
plant, or other flora on any lot, plot, or parcel of land.
GROUNDSKEEPING
The cleaning of any lot, plot, or parcel of land by means
of gathering and/or 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. Groundskeeping does not include:
A.
The removal of litter, dirt, debris, rubbish, or other refuse
or waste by a sanitation department.
[Amended 1-21-2004 by L.L. No. 1-2004]
B.
The removal of litter, dirt, debris, rubbish, or other refuse
or waste by a commercial refuse carter which is not performing any
other commercial landscaping services to or for the benefit of the
owner, tenant, or occupant of the lands, grounds, or buildings from
which the removal is taking place.
LANDSCAPER
An individual, firm, corporation, or other entity which performs
commercial landscaping services.
LANDSCAPING
The planting, transplanting, arranging, placing, removal
and maintenance of any lawns, sod, trees, flowers, shrubs, bushes,
plants or other flora on any lot, plot or parcel of land for a planned
design or purpose or to achieve some aesthetic effect.
[Amended 10-19-2022 by L.L. No. 2-2022]
Every person convicted of a violation of this chapter shall
for a first conviction thereof be punished by a fine of not more than
$250; for a conviction of a second violation, both of which were committed
within a period of 24 months, such person shall be punished by a fine
of not more than $500; upon a conviction of a third or subsequent
violation, all of which were committed within a period of 24 months,
such person shall be punished by a fine of not more than $1,000. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.