[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 7-8-1997 by L.L. No. 5-1997. Amendments noted where applicable.]
Except as provided herein, all persons, companies or corporations (collectively referred to as "landscaper") who perform landscaping functions in the Town of Oyster Bay shall be licensed in accordance with this chapter. Landscaping functions may be performed without a license by the owner or occupant of the property on which the work is performed or by the agent or employee of such owner or occupant, provided that such agent or employee does not service more than two parties in the Town of Oyster Bay and has no other employees.
For the purpose of this chapter, landscaping functions shall include but are not limited to the cultivation, fertilization, seeding, planting, cutting, trimming, pruning, maintenance of grass, shrubs, plants, trees or other foliage.
No landscaper shall perform any landscaping functions within the Town of Oyster Bay without first obtaining a license to do so from the Town Clerk. The first due date for a town permit is March 1, 1998. All landscaping work by an unlicensed landscaper is prohibited. No property owner or occupant shall permit any unlicensed landscaper to perform any landscaping function on his/her property. Licenses shall be obtained by the proprietor of the landscape business or by a corporate officer.
Any landscaper desiring a license by this chapter shall make application on forms prescribed by the Town Clerk of the Town of Oyster Bay or his or her designee.
Each applicant for a license shall pay a fee of $25 as a nonrefundable filing fee with the application. Fifty dollars shall be paid by the applicant to the Town Clerk or his or her designee upon issuance of the license.
All licenses issued pursuant to this chapter shall expire on the last day of February in the following year in which they have been issued. Licenses shall be renewed upon payment of an annual fee of $50 on or after the first day of February of the year to be licensed. If the licensee fails to make proper timely application for renewal, he/she shall be required to reapply and pay the additional license fee as set forth in the preceding section in the amount of $25 as a nonrefundable filing fee with the application and $50 paid upon the issuance of the license.
Each applicant shall fix to and display on the driver's door of each vehicle and on the left rear bumper of any trailer regularly used in the course of its business an identification decal issued by the Town of Oyster Bay.
The following rules and regulations shall apply as of the effective date of this chapter:
No landscaper shall perform landscaping work on Sunday.
Landscaping work may be performed by landscapers only during the hours of 8:00 a.m. through 7:30 p.m. Monday through Friday, 9:00 a.m. through 7:00 p.m. on Saturdays.
Any landscaper desiring a license pursuant to this chapter shall make application on forms prescribed by the Town Clerk of the Town of Oyster Bay or his or her designee as provided herein.
No landscaper shall scatter, nor in using any mechanical or electrical blower, cause to be scattered any garbage, refuse or cuttings, leaves or other waste materials on any public highway or public property without removing and/or cleaning the same immediately.
No one shall spill or dump oil, gasoline or other petroleum products or any pesticides on the public highway or right-of-way or on the ground. No equipment shall be filled or refilled except over a drop cloth or other device designed to catch and retain any accidental spillage.
Each and every violation of any provision of this chapter or of any of the rules and regulations promulgated hereunder shall be punishable by a mandatory minimum fine of not less than $100 and/or imprisonment for a period not to exceed 15 days, for each and every separate offense relating to a violation of this chapter.
In addition to the penalties set forth in § 145-9 of this chapter, the town may revoke or suspend any license issued pursuant to this chapter after notice to the licensee.
The license issued pursuant to this chapter or a photocopy signed by the licensee shall be at all times in the actual possession of the person performing the work at the site.