It is hereby declared and found that landscaping work performed
by employees and contractors on private property in the Village of
Islandia is a matter affecting the public interest and should be subject
to supervision and administrative control for the purpose of protecting
the safety, welfare and health of the general public. It is determined
to be vitally important to the general public that landscaping services
be performed in a manner that does not detrimentally impact the environment,
disturb the peace and repose of others, or create unsightly conditions
or an accumulation of waste or debris in the public or private areas
of the Incorporated Village of Islandia. No person shall perform any
landscaping functions in the Village of Islandia without a license
obtained from the Village Clerk in accordance with this chapter. Landscaping
functions, however, may be performed without a license by the owner
or occupant of the property on which the work is performed.
The landscaping functions referred to herein shall include but
are not limited to the cutting and maintenance of grass, the trimming,
pruning and maintenance of shrubs, plants, trees or other foliage,
the spraying of chemicals, including the application of pesticides,
and the removal of trees and/or tree stumps. A person who engages
in such landscaping functions in the Village of Islandia shall hereinafter
be referred to as a "landscaper."
Any landscaper desiring a license in accordance with this chapter
shall make application on forms prescribed by the Village Clerk of
the Village of Islandia or his or her designee. Such application shall
include proof of comprehensive liability and property insurance in
an amount of $1,000,000 personal injury/$2,000,000 aggregate and $50,000
property damage. Such application shall also include proof of workers'
compensation and disability insurance in amounts in compliance with
state law. Such application shall also provide the office address
of the landscaping business, the address where the vehicles and equipment
are being stored and proof that the property contains the necessary
permits and approvals if the vehicles and equipment are stored within
the Village of Islandia.
Each applicant for a license shall pay a nonrefundable application
fee with the application in an amount established by resolution of
the Village Board of Trustees from time to time. The applicant shall
also pay to the Village Clerk, or his or her designee, upon the issuance
of the license, a license fee in an amount to be established by resolution
of the Village Board of Trustees from time to time.
All licenses issued pursuant to this chapter shall expire on the last day of December in the year in which they have been issued. Licenses may be renewed upon payment of an annual renewal fee in an amount established by resolution of the Village Board of Trustees. Said renewal fee must be paid before the first day of February of the next year. If the licensee fails to make proper, timely application for renewal, he or she shall be required to reapply and pay the additional license application fee as set forth in §
109-5 as a nonrefundable application fee with the application and the license fee referred to in §
109-5 upon the issuance of the license.
The following rules and regulations shall apply:
A. No person shall engage in the application of pesticides unless that
person has in his or her possession his or her certificate and possesses
a valid pesticide business registration, and displays vehicle triangles,
duly issued by the New York State Department of Environmental Control,
authorizing his or her engagement in such activity.
B. Application of pesticides and insecticides by anyone by means of
engine-powered spraying or dusting devices shall not take place prior
to 8:00 a.m. on any day that landscaping work is permitted.
C. Landscaping work may be performed by landscapers only during the
hours of 8:00 a.m. through 7:30 p.m. Monday through Saturday and 10:00
a.m. through 5:00 p.m. on Sundays.
D. No landscaper shall scatter, nor in using any mechanical or electrical
blower cause to be scattered, any garbage, refuse, cuttings, leaves
or other waste materials on any public street, road, sidewalk, or
other public property without removing and/or cleaning the same immediately;
nor shall any of such material be allowed to enter any storm drains,
canals, rivers or other waterways.
E. No one shall spill or dump oil, gasoline or other petroleum products
or any pesticides on a public street, road or 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.
F. All vehicles and trailers are to be properly parked at a minimum
of 30 feet from the corner of any intersection. Hazard warning cones
are to be placed at the front and rear of any landscaping vehicles
and/or trailers that are parked in or alongside the roadway.
G. All commercial vehicles used in connection with the landscaping business,
including trailers, shall be clearly marked in letters two inches
or greater in width and height, with the name of the company and the
origin of the vehicle, and include a decal, which shall include the
appropriate year, issued by the Village Clerk. Each applicant shall
affix said decal to the left front fender of each motor vehicle and
the left rear fender of any trailer. The fee for any decal shall be
established by resolution of the Village Board of Trustees.
H. No grass clippings, branches, or any other landscaping material shall
be left at the curb before 6:00 p.m. the night before the next scheduled
Village yard waste pickup day.
I. All licensees must show proof that they have participated in an Asian
long-horned beetle training program and any other state-mandated training
curriculum.
Each and every violation of any provision of this chapter or
any of the rules and regulations promulgated hereunder shall be punishable
by a mandatory minimum fine of not less than $100 and maximum fine
of not more than $1,000 for each and every separate offense relating
to a violation of this chapter.
In addition to the penalties set forth in §
109-8, the Village Board may revoke or suspend any license issued.
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.
This chapter shall take effect on filing with the Secretary
of State.