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.
HAULER
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.
LANDSCAPE MATERIAL
Includes grass clippings, prunings, leaves, tree branches,
trunks, stumps, roots, rocks, sand and any other natural materials
indigenous to gardens, lawns, shrubbery and trees.
LANDSCAPER
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.
PERSON
Includes any individual, association of individuals, firm,
partnership or corporation.
PRIVATE PROPERTY
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.
PUBLIC HIGHWAY
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.
PUBLIC PLACE
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. Any person engaged under contract by the Town for the purpose of
said service of removing landscape material as part of an overall
contract with the Town to remove materials of any kind from private
premises; or
B. Any person under the age of 18 years.
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. 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. 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. 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. 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) The Highway Department will continue to pick up unbagged leaves placed
on their property prior to December 21.
E. 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.
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.