[HISTORY: Adopted by the Town Board of the Town of Clarkstown 2-5-2019 by L.L. No. 1-2019. Amendments noted where applicable.]
A local law creating a new chapter of the Clarkstown Town Code
entitled "Landscaper Licensing Law of the Town of Clarkstown."
The Town Board of the Town of Clarkstown hereby determines that,
to protect the public health, safety and welfare of the residents
of the unincorporated area of the Town of Clarkstown, the public interest
requires registration and licensing of landscapers operating within
the Town so as to control their activities, as such activities relate
to the use of Town streets, and the removal of landscape materials
from real property within the Town.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. The
word "shall" is always mandatory and not merely directory.
Each such individual or entity authorized by a valid permit
issued by the Rockland County Department of Health (current existing
legal requirement as per Rockland County Flow Control Law § 350-12A
and Rockland County Sanitary Code Article III) to collect, pick up,
remove, transport and/or dispose or cause to be collected, picked
up, removed, transported or disposed any yard waste generated within
the Town of Clarkstown.
Includes grass clippings, prunings, leaves, tree branches,
trunks, stumps, roots, rocks, sand and any other natural materials
indigenous to gardens, lawns, shrubbery and trees.
Includes any person or entity that engages in: cutting, trimming,
lawn care, and maintenance of trees and shrubs; collection, consolidation
and removal of yard waste.
Includes any individual, association of individuals, firm,
partnership or corporation.
Includes all real property, improved or unimproved, owned
by any person, association of persons, corporation, including municipal
corporations, or otherwise, which is not otherwise defined as a "public
highway" or "public place" herein.
Includes any street open to the public which has been accepted
for dedication by the Town of Clarkstown, or has been maintained continuously
by the Town of Clarkstown in accordance with the provisions of the
Town Law of the State of New York, for its full width from property
line to property line, including the sidewalk area, if any, whether
or not the same shall have been installed.
Includes any real property available to, or open to use by,
all residents of the Town of Clarkstown.
No person who is a landscaper who operates a business for profit
shall conduct any such business and remove any landscape material
of any kind from the premises of any person, or cart or transport
the same through or upon any street, avenue, parkway or highway within
the Town unless he shall have first obtained a license from the Town
Clerk and shall have agreed to conform to the provisions of this chapter
with respect to the conduct of the business of a landscaper, except
that no license shall be required for:
A.Â
All landscapers shall apply for a license annually, as required by
this section, to the Town Clerk and pay therefor a fee in accordance
with the Standard Schedule of Fees of the Town of Clarkstown, which
is adopted and amended from time to time by the Town Board, for each
vehicle used by the landscaper in the conduct of his/her business.
B.Â
Each application for a license shall be filed in writing, with the
Town Clerk and shall specify the following:
C.Â
The applicant shall attach to his application for a license a copy
of a valid home improvement license duly issued by the Rockland County
Home Improvement Licensing Board or a certification that the applicant
has fulfilled the licensing requirements set forth in the laws of
Rockland County.
D.Â
As a precondition to the issuance of a license, a landscaper will
be required to furnish proof of a valid hauler permit, if applicable,
issued by the Rockland County Department of Health to deposit leaves,
grass clippings and other debris at the facility designated by the
Rockland County Solid Waste Management Authority in accordance with
the Flow Control law.
E.Â
Each license issued pursuant to this section shall be issued as of
the date of the granting thereof and shall expire on December 31 of
the same year, unless sooner suspended or revoked. Licenses may be
renewed upon payment of an annual fee in accordance with the Standard
Schedule of Fees of the Town of Clarkstown.
F.Â
All licensed landscapers will receive a sticker/decal which must
be prominently displayed on the landscaper's vehicle.
Licenses issued pursuant to this chapter shall not be assignable
or transferable. A replacement license may be issued, upon the payment
of a fee in accordance with the Standard Schedule of Fees of the Town
of Clarkstown.
The licensee shall comply with the following regulations:
A.Â
No landscaper shall operate any power or manual lawn mower or any
other gardening equipment Monday through Friday prior to 7:00 a.m.
and after 8:00 p.m., on Saturdays prior to 8:00 a.m. and after 6:00
p.m., and on Sundays prior to 11:00 a.m. and after 5:00 p.m. in any
residential zone or any other zone as such zone is established or
may be established by any zoning ordinance or local law enacted by
the Town Board of the Town of Clarkstown.
B.Â
Burning of any landscape material is prohibited unless written permission
is given by the County of Rockland and Town of Clarkstown Chief Fire
Inspector.
C.Â
No one shall blow or rake leaves, grass or other debris onto the
public highway or right-of-way or onto adjoining property without
removing and/or cleaning the same immediately, nor shall any such
material be allowed to enter any storm drains.
D.Â
The Town of Clarkstown will pick up any remaining leaves on or after
December 21 providing that such leaves and related yard waste are
placed in biodegradable bags.
(1)Â
The Highway Department will continue to pick up unbagged leaves placed
on their property prior to December 21.
E.Â
No one shall spill or dump oil, gasoline or other petroleum products
or any pesticides on the public highway or right-of-way. No equipment
shall be filled or refilled except over a drop cloth or other device
designed to catch and retain any accidental spillage.
All requirements and obligations of this chapter shall apply
to every owner, lessee, tenant, occupant, or other person having charge
or control of property as well as all unlicensed landscapers.
All vehicles used by the licensee in the Town of Clarkstown
shall display the license issued by the Town Clerk.
A.Â
The Highway Superintendent of the Town of Clarkstown shall have the
power to deputize workers for enforcement purposes and to utilize
existing Code Enforcement Officers.
B.Â
The Sanitation Commission may, following a hearing before such Commission,
revoke the license or licenses granted to any person, firm or corporation
under the authority of this chapter or any law, ordinance, rule or
regulation relating to landscaping. In addition, an action in the
name of the Town may be brought to compel compliance in any court
of competent jurisdiction.
C.Â
The Sanitation Commission has all other powers necessary, incidental
or implied, to carry out the purposes and proper functions of this
chapter.
A.Â
Except as otherwise provided, any landscaper licensee or any individual committing an offense that violates any provision of this chapter shall be guilty of a violation punishable as follows: for the first offense, any person found guilty of a violation of this chapter shall be punished by a fine of up to $2,500; and any person found guilty of a second offense of any provision of this chapter within 36 months of the date of the first offense shall be punished by a fine of not less than $2,500 and not more than $5,000; and revocation of the landscaper's license without possibility of reapplication for one year from the date of the second offense. In addition, any individual cited for a second offense or more shall also be subject to impoundment of vehicle or vehicles used in the commission of the offense as stated below in Subsection D of this section.
B.Â
In addition to the powers of the Sanitation Commission and any other
available enforcement options at law, the provisions of this chapter
shall be enforced by the Superintendent of Highways, his designees
and/or code enforcement officials of the Town of Clarkstown through
Justice Court adjudication and prosecution.
C.Â
Any person who takes part in or assists in any violation of this chapter can also be cited by enforcement officials as stated in Subsection B above and will be subject to the penalties provided herein. This provision includes any person hiring a landscaper who does not dispose of landscape material from landscape activity on their private property as provided in this chapter.
(1)Â
The Town will not pick up any landscape material in or on a highway or road. Any landscaper and/or property owner who violates this chapter by putting leaves in street or road will be committing a violation of § 173-1A of the Town Code prohibiting littering in public streets and roads and will be subject to all the penalties of § 173-4A.
D.Â
In addition to any other penalties, the Clarkstown Highway Department
may, in its discretion, impound equipment used in violation of this
chapter as follows:
(1)Â
Any police officer, Code Enforcement Officer, or Highway Department employee deputized to enforce this chapter, upon service on the operator of a vehicle of a notice of violation for operating without a license required by § 170-4 of this chapter, may seize and impound any vehicle which such officer has reasonable cause to believe is being used in connection with such violation. If stopping the work and impounding any vehicle, tools or implements shall result in rendering the premises being worked on uninhabitable or unsecured, the police officer or authorized officer, employee or agent of the Highway Department issuing the notice of violation shall have the discretion to permit the worker or workers to either complete the work or in some manner render the premises temporarily habitable and secure prior to impounding any vehicle, tool or other implements. Any vehicle, tool or implement seized pursuant to this subsection shall remain in the custody of the Police Department or Highway Department.
(2)Â
A person from whom a vehicle has been seized and impounded pursuant
to this subsection shall receive notice at the time of such seizure
and by overnight mail, as soon thereafter as practical, informing
such person how and when the vehicle may be reclaimed. In the event
that the person from whom the vehicle was seized is not the registered
owner of the vehicle, separate notice shall be provided by overnight
mail to the registered owner of the vehicle.
(3)Â
Sanitation Commission Chairman shall hold a hearing to adjudicate the violation of § 170-4 of this chapter underlying the seizure and impoundment within five business days after the date of such seizure and impoundment and shall render his or her determination immediately following the conclusion of such hearing.
(4)Â
A vehicle, tool or other implement seized and impounded pursuant to this subsection may be released to the owner prior to the hearing provided in Subsection D(3) of this subsection upon the posting of an all-cash bond in an amount to cover:
(5)Â
Following an adjudication that has resulted in a determination that the vehicle, tool or other implement was used in connection with unlicensed activity in violation of § 170-4 of this chapter, release of such vehicle, tool or other implement to the owner of such property may be obtained upon the payment of:
(6)Â
No person shall obtain release of a vehicle, tool or other implement unless and until such person submits an application for a landscaper's license, or reinstatement of such a license. Notwithstanding the provisions of this section, in the event that the owner of the vehicle, tool or other implement was not the person who was served with a notice of violation alleging a violation of the provisions of § 170-4 of this chapter, the owner may obtain release upon payment of all reasonable costs of removal and storage as provided herein and upon execution of a sworn statement, subject to the provisions of the penal law relative to false statements, that he or she will not permit the person who is alleged to have violated or found to have violated such provisions to operate or possess the vehicle in violation of § 170-4.
(7)Â
After adjudication of the violation underlying the seizure, if the
Chairman of the Sanitation Commission finds that the vehicle, tool
or other implement has not been used in connection with unlicensed
activity, the Sanitation Commission shall promptly cause such vehicle
to be released to its lawful owner upon written demand of the owner.
If applicable, the Commission shall also promptly return any cash
bond posted.
(8)Â
In the event that property impounded pursuant to this subsection
is not released to its owner due to the owner's failure to respond
to the notice of violation and appear at three hearing dates scheduled
at least one month apart, said property will be considered lost and
abandoned property, the disposition of which is governed by New York
State law under Personal Property Law § 253.
Nothing contained in this local law shall be construed or interpreted
to make the Town of Clarkstown a party to any contract for landscaping
or lawn material removal.
This chapter shall take effect upon filing with the Secretary
of State.
