[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-18-1990 by L.L. No. 16-1990]
For the purpose of interpreting and applying
the provisions of this article, the following definitions shall apply:
Any person who represents himself/herself to be an arborist,
landscaper, gardener or horticulturalist or any person who engages
in lawn service, tree care, gardening or landscape services of any
form on real property on which such person does not have ownership.
Any individual, firm, partnership or any business entity
of any form, style or nature, which may or may not be included above,
that engages in the type of services noted above.
All real property, improved or unimproved, within the Village
of Tarrytown owned by any corporation, person, partnership, firm or
association.
Any street open to the public for its full width from property
line to property line, including the sidewalk area, whether installed
or not installed.
Any real property available to or open to use by the public
without restriction as to use by the public.
A.
No person who represents himself/herself under the definitions included in § 205-1 hereinabove shall perform or provide services associated with that type of business within the Village of Tarrytown, except when such performance or work is done in compliance with the regulations set forth in this chapter.
B.
No green industry contractor shall provide or perform
such services within the Village of Tarrytown unless duly registered.
C.
All green industry contractors shall complete registration
forms provided by the Village Clerk. The applicant shall provide the
village with proof that the applicant has the qualifications and/or
the background to perform this type of work.
D.
All applications shall be submitted to the village
for verification and review.
E.
An annual registration and reviewing fee, as adopted
by resolution of the Board of Trustees, shall accompany the application
form. Only the amount required for the reviewing process shall be
nonrefundable if the applicant is not deemed acceptable to be registered
in the Village of Tarrytown.[1]
[Amended 5-6-1991 by L.L. No. 5-1991][2]
[1]
Editor's Note: Such fees are on file and available
for inspection in the office of the Village Clerk during regular office
hours.
[2]
Editor's Note: Former Subsection F, regarding a report on
use of pesticide and/or herbicide, which immediately followed this
subsection, was repealed 9-16-2019 by L.L. No. 8-2019. This local
law also redesignated former Subsection G as Subsection F.
F.
Residents of the Village of Tarrytown who fall under the definition of "green industry contractors" under § 205-1 under the age of 18 years old or over the age of 60 years old or classified as handicapped or those persons who by law or custom, are considered to be casual day laborers whose work is limited to the cutting of grass, the trimming of shrubs or the raking and bagging of leaves or other light yard work of a similar nature shall be exempt from the requirements of Subsection E hereinabove, provided that they perform these types of services as individuals.
A.
No power equipment shall be used in performing any
service which is the subject of this chapter between the hours of
5:00 p.m. and 8:00 a.m., Monday through Saturday, and between the
hours of 5:00 p.m. and 12:00 noon on Sunday.
B.
No person shall burn any waste product, including
but not limited to paper, rubbish, leaves or wood, at any time.
C.
No refuse or material of any type, including leaves,
shall be placed along or upon any public property, public highway
or public place within the Village of Tarrytown by any green industry
contractor in performing any service which is the subject of this
chapter. Leaves may be placed on private property pursuant to regulations
promulgated by the Board of Trustees and shall only be placed on the
property from the second week of October through the second week in
December.
[Added 5-5-2008 by L.L. No. 8-2008;
amended 9-20-2010 by L.L. No. 16-2010; 11-6-2017 by L.L. No. 11-2017]
A.
The operation of a gasoline-powered leaf and garden
blower is prohibited from June 15 through September 15 of each year
and on Saturdays, Sundays and holidays during the period September
16 through June 14 each year. Person(s) who own or rent a one- to
three-family home, who are using the gasoline-powered leaf and garden
blowers at the home where they reside, are exempt from the provisions
of this section. During times of emergency caused by a storm, the
Village Engineer may declare a temporary moratorium on the operations
of this provision.
B.
The Village Engineer may, in his discretion and upon
application, grant temporary special permits for the temporary operation
of gasoline-powered leaf and garden blowers otherwise subject to this
section to accommodate special circumstances, including but not limited
to the cleanup of temporary work sites, and shall charge and collect
a fee of $35 for each permit so granted.
C.
No owner of a green industry company shall cause or permit the operation
of a gasoline-powered leaf or garden blower from June 15 through September
15 of each year or on Saturdays, Sundays or holidays during the period
September 16 through June 14 each year.
[Added 8-17-2015 by L.L.
No. 5-20151 ]
