[HISTORY: Adopted by the Municipal Council of the Borough
of Hawthorne 7-20-2005 by Ord. No. 1851-05. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, partnership, corporation or entity engaged in
the business of placing, planting or arranging of trees, bushes or
shrubs or maintaining lawns, trees, bushes, shrubs, gardens and related
activities on land or property for the purpose of improving the same.
Any person, partnership, corporation or entity whose business
involves the cutting, trimming, removal, grinding or pruning of trees,
including tree stumps, on land or property.
Every motorized device in, upon or by which a person or property
is or may be transported upon a highway.
No person or entity shall engage in the business of commercial
landscaping or commercial tree service without first having obtained
a permit to do so.
Every applicant for a permit under this chapter shall sign an application on such form as may be prescribed by the Recycling Coordinator and remit such annual fee as may be set forth in the schedule of fees set forth in Chapter 220 of the Code of the Borough of Hawthorne. Notwithstanding the same, any applicant having valid registration issued by the State of New Jersey, Division of Consumer Affairs, pursuant to the New Jersey Contractors' Registration Act, N.J.S.A. 56:8-136 et seq., upon presentation of proof of such registration to the Recycling Coordinator, shall be exempted from the requirement to obtain a permit or payment of such fee. Such contractors shall nevertheless be required to follow all rules hereunder.
Every commercial landscaper or commercial tree service provider
operating within the Borough of Hawthorne, as a condition of the issuance
of any permit, or having registered with the Division of Community
Affairs and doing work in the Borough of Hawthorne, shall be required
to comply with all rules and regulations as may be promulgated by
the Borough of Hawthorne Recycling Coordinator, including the following:
A.
All motorized vehicles shall have conspicuously displayed thereon
such tag or other identification issued by the Recycling Coordinator
demonstrating compliance with the provisions of this chapter.
B.
All vehicles used in the course of the operation shall have displayed
thereon the name of the landscaping or tree service company, on both
sides of the vehicle, including the name, address and phone number
of the company. Such display shall be in addition to any identification
required by the New Jersey Motor Vehicle Commission.
C.
An annual registration fee, as set forth in Chapter 220, Fees, and unless exempted as set forth above, shall be paid to the Recycling Coordinator. Registration shall be renewed not later than March 31 of each year, and no work may be undertaken in the Borough of Hawthorne until the required permit or renewal permit is issued. The failure to renew registration in a timely manner will result in the imposition of a late charge as set forth in the fee schedule adopted by the Borough of Hawthorne.
D.
There shall be placed on the street at the rear of each vehicle utilized
by any commercial landscaper or tree service provider, while parked,
a traffic cone having height of at least 18 inches.
E.
All commercial landscapers and commercial tree service providers, in addition to any requirement of this chapter or imposed by any other law or ordinance, shall comply with all requirements set forth in Chapter 370, Property Maintenance, Chapter 376, Recycling, and Chapter 425, Solid Waste. In addition, no commercial landscaper shall leave or deposit lawn clippings or landscaping debris in any street in the Borough of Hawthorne. No commercial landscaper shall at any time utilize any device to cause lawn clippings or landscaping debris to be blown into any street in the Borough of Hawthorne.
A.
The Borough owned and operated compost facility shall be available to landscape and tree service contractors having obtained a permit as specified in § 287-3 above. Such permit holder shall be required to obtain a permit to utilize the compost facility by making application on such form as may be prescribed by the Recycling Coordinator and paying such fee as may be set forth in Chapter 220 of the Code of the Borough of Hawthorne.
B.
Any permit holder utilizing the compost facility shall be required
to adhere to the rules and regulations established for use by the
Borough of Hawthorne Recycling Coordinator and conduct all operations
in accordance with applicable law or regulation. The permit holder
shall specifically be permitted to utilize the compost facility during
specified hours and shall bring to the facility only materials collected
in the Borough of Hawthorne and in no other location. All materials
shall conform to the specification provided by the Recycling Coordinator
and consistent with use of the site as a compost facility.
A.
Any person or entity violating any provision of this chapter, or
any other chapter or ordinance adopted by the Borough of Hawthorne,
unless otherwise specified, shall, upon conviction, be punished by
a fine of not more than $2,000. Upon a second conviction for an offense
occurring within the same calendar year, or any subsequent violation,
a fine shall be imposed of not less than $250 or more than $2,000.
[Amended 6-6-2007 by Ord.
No. 1902-07]
