A.
The purpose of this chapter requiring registration is to ensure that
commercial landscapers as defined in this chapter are cognizant of
the Township's regulations concerning the vegetative materials collection
program, federal and New Jersey State wage and hour laws, and the
New Jersey State workers' compensation laws.
B.
Nothing in this chapter shall relieve any owner, lessee, tenant,
mortgagee, its agent and/or assigns or occupant of his, her or their
responsibility to comply with the requirements of the Township's vegetative
materials collection program set forth elsewhere in this chapter.
No person shall engage in any commercial landscaping on any
public or private property within the Township for hire without first
registering with the Department of Public Works, on forms to be supplied
by said department.
A.
An application for registration shall be made upon forms provided
by the Township and shall be filed with the director of public works,
or his designee. Approved applications for registration shall be public
records.
B.
At the time of registration, applicants shall acknowledge in writing
that they have received (or have been offered, at no cost) a copy
of the provisions of the Township's ordinance regulating its vegetative
materials collection program. In addition, applicants shall acknowledge,
in writing, that they have received (or have been offered, at no cost)
a copy of the federal and New Jersey State wage and hour laws, and
New Jersey State workers' compensation insurance laws.
C.
Every registration shall be issued and renewed on an annual basis,
effective March 31 of each year, upon payment of an annual fee to
the municipality in the amount of $50.
D.
No registration shall be required of any owner, lessee, tenant, mortgagee,
its agents or assigns, or occupant of lands lying within the Township
who shall personally perform activities otherwise requiring a registration;
except that all such work must otherwise comply with the Township's
ordinance.
E.
The Mayor and council may, upon recommendation of the director of
public works, or his designee, after notice and an opportunity for
a hearing, suspend or revoke any registration for violation of law,
including, but not limited to, wage theft laws, or related Township
ordinances, or for good cause, which is shown to be prejudicial to
the public health, safety or welfare. In addition, the director of
public works, or his designee, may temporarily suspend any registration
for a period not to exceed one week or until the Mayor and council
can be convened to consider said suspension, when:
(1)
The Director of Public Works, or his designee, has reasonable cause
or belief that an emergency affecting the public health, safety or
welfare so requires; or
(2)
The Director of Public Works, or his designee, receives sufficient
information to establish that the registrant has committed wage theft
which has not been cured by the registrant by compliance with the
order or decision of the governmental entity determining the same.
F.
The Township makes no guarantee or representation regarding the fitness,
knowledge or qualification of any person that is registered by the
Township to engage in commercial landscaping for hire.
For each violation of this article, the violator shall be subject to such fines and other penalties as provided in § 375-14 of this Code.
