[HISTORY: Adopted by the Municipal Council of the City of
Clifton 4-1-1992 by Ord. No. 5577-92, as amended; amended in its entirety 4-5-2011 by Ord. No.
6943-11. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A voluntary program in the City in which landscapers agree
to maintain designated locations approved by the City Manager at the
landscapers' expense in accordance with standards established
by the City.
A license issued by the Director of the Department of Public
Works of the City of Clifton for the purposes stated.
Anyone who employs the services of a landscaper to perform
the services of maintaining, cutting, cleaning or raking property
within the City of Clifton.
The same as a landscaper.
A person or persons doing business with five or more residential
and/or commercial customers for the purpose of maintaining, cutting,
cleaning, raking or performing similar activities on property within
the City of Clifton.
A fee charged by and payable to the City of Clifton to dispose
any cuttings, clippings and/or waste material at a location directed
by the Director of the Department of Public Works of the City of Clifton.
The fee charged by and payable to the City of Clifton to
obtain a license as a landscaper.
Any commercial vehicle required to be registered with the
New Jersey Department of Motor Vehicles for use on local roads and
highways and used by a landscaper in the performance of his work in
the City of Clifton.
A.
All landscapers performing landscaping services within the City of
Clifton shall be required to obtain a license in order to offer their
services in the City of Clifton. A license shall be required for each
vehicle the landscaper owns or operates within the City of Clifton.
Said license shall be obtained from the Director of the Department
of Public Works prior to January 1 each calendar year.
B.
Proof of licensure will be demonstrated by the issuance of and the
display of a decal, which shall be issued to each licensee and displayed
on the front driver's side bumper of each vehicle that the landscaper
owns or operates in the City of Clifton. All expired decals issued
by the City of Clifton must be removed from all vehicles within five
days of the expiration of the decal.
A.
Applications for licensing as required by this chapter shall be made
to the Director of the Department of Public Works of the City of Clifton,
located at 307 East 7th Street, under oath, on a form furnished by
him.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name, business address and telephone
number.
(2)
Whether the applicant is an individual, a partnership, a corporation
or any other entity and, if another entity, a full explanation and
description thereof.
(3)
If the applicant is an individual, the applicant's residence
address and date of birth.
(4)
If the applicant is a partnership, the full names, residence addresses,
dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity, in the case of
a corporation, the full names, residence addresses, dates and places
of birth of each major officer and each stockholder, the name and
address of the registered agent and the address of the principal office;
in the case of another entity, the full name, residence address, date
and place of birth of each person owning or having any interest, either
legal or equitable, aggregating in value 10% or more of the total
capital of said entity, the name and address of the registered agent,
if any, and the address of the principal office. The term "stockholder,"
as used herein, means and includes any person owning or having an
interest, either legal or equitable, in 10% or more of the stock issued
and outstanding of the applicant corporation.
(6)
Whether the applicant or any partners, officers or stockholders thereof
have ever been arrested or convicted of a crime and, if so, the name
of the person arrested or convicted, the date of arrest, the crime
or charge involved and the disposition thereof. The term "officers,"
as used herein, means and includes the president, vice president,
secretary and treasurer of a corporate applicant.
(7)
The number of years the applicant has been in business at its present
business address or at any prior location, including the addresses
of such prior locations, if any.
(8)
The make, year and commercial license plate of each vehicle to be
licensed.
(9)
The applicant must submit proof of general liability insurance coverage
in the amount of at least $500,000, motor vehicle liability insurance
in the minimum amount generally required by applicable state statutes
and workers' compensation insurance in the form of a current,
original certificate of insurance or policy declaration page showing
that the applicant has obtained and possess each such form of insurance
from a duly licenced commercial insurance company.
C.
Landscapers who fail to apply for a license on or before April 1
will not be issued a dumping permit for that calendar year.
[Amended 4-3-2012 by Ord. No. 7009-12]
Every landscaper operating within the City of Clifton shall
be required to comply with the following:
A.
The name of the landscaping company shall be clearly indicated on
both sides of any vehicle used in the operation, shall be no less
than three inches in height and shall include the name, address and
telephone number.
B.
If a landscaper wants to dispose of any cuttings, clippings and/or
waste material at a location directed by the Director of the Department
of Public Works of the City of Clifton, the landscaper shall be required
to provide the City of Clifton with a list of its customers in the
City of Clifton. The landscaper shall only dispose of said materials
from properties located within the City of Clifton.
A.
Upon filing such application, the applicant shall pay to the Department
of Public Works a fee of $50 for the first truck and $25 for each
additional truck, made payable to the City of Clifton. Any fraction
of a year will be considered a full year for the purposes of this
section.
B.
The term of such license shall expire on December 31 of the calendar
year in which such license is issued.
C.
Such license shall be renewed by the Director of the Department of
Public Works upon payment by the applicant to the Director of the
Department of Public Works of an annual renewal fee of $50 for the
first truck and $25 for each additional truck, made payable to the
City of Clifton. Such renewal shall be for the calendar year in which
such renewal occurs.
D.
In the event that a landscaper seeks to dispose of other vegetative waste at a location designated by the Director of the Department of Public Works in accordance with § 296-4B hereof, there shall be a landscaper disposal fee of $100 per year for any landscaper having its principal place of business in the City of Clifton, and $400 per year for non-Clifton-based landscapers.
[Amended 5-5-2015 by Ord. No. 7212-15]
E.
Dumping fees.
[Amended 4-3-2012 by Ord. No. 7009-12; 5-5-2015 by Ord. No.
7212-15; 5-7-2019 by Ord. No. 7510-19]
(1)
Any landscaper wishing to dump vegetative waste, including leaves,
at the Department of Public Works yard shall pay the following fees,
in addition to the annual disposal fee:
|
Truck Capacity
(cubic yards)
|
Fee Per Load
|
|---|---|
|
0 to 5
|
$60
|
|
6 to 10
|
$120
|
|
11 to 15
|
$180
|
(2)
For each two loads of vegetative waste dumped at the Department of
Public Works facility between March 20 and October 31, a landscaper
shall be given a voucher for one equivalent free load of leaves to
be dumped between November 1 and December 31.
(3)
Landscapers not paying to dump vegetative waste from March 20 thru October 31 will not receive any vouchers and will be required to pay the full price to dump leaves after November 1, in accordance with the fees shown in Subsection E(1) above.
(4)
If a landscaper participates in the Adopt-A-Spot program, that landscaper
shall receive an additional credit of $200 toward dumping fees for
each Adopt-A-Spot location he or she maintains. Landscapers who participate
in the Adopt-A-Spot program must maintain each Adopt-A-Spot location
at least once every two weeks. Grass, hedges and bushes shall be kept
trimmed and shall not be permitted to become overgrown and unsightly.
Each location shall be in compliance with the standards of the property
maintenance and other applicable ordinances of the City of Clifton.
If any person licensed in accordance with the provisions of
this chapter shall be convicted of violating any statute, ordinance
or regulation in the execution of any work for which a permit is required
by the applicable ordinances of the City of Clifton relevant to landscaping,
the Director of the Department of Public Works shall revoke the license
immediately. The Director of the Department of Public Works shall
not restore such license during such time as the violation for which
such conviction was obtained, exists or remains.
Any person whose license has been revoked under the provisions
above may be relicensed by the Director of the Department of Public
Works when the grounds upon which such license was revoked are removed
or corrected and upon payment of the fee prescribed herein.
A.
Any person who violates any provision of this chapter, other than
disposal requirements, shall, upon conviction thereof, be punished
by a fine not exceeding $500 or by imprisonment for a term not exceeding
90 days, or both. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
B.
Any person who violates the disposal requirements of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding
$1,000, or by imprisonment for a term not exceeding 90 days, or both.
A separate offense shall be deemed committed for each violation of
this provision.
