Village of Baxter Estates, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Baxter Estates 10-4-2018 by L.L. No. 6-2018. Amendments noted where applicable.]
The Board of Trustees finds that the provisions of this chapter are necessary and desirable to regulate and control commercial groundskeeping activities which pose a potential or actual risk of noise, odors, debris or other nuisances, or which might otherwise impair or disturb the public health, safety, peace, welfare, and good order of the community. The purpose of this chapter is to require that persons or entities engaged routinely in commercial groundskeeping must register, and maintain registration, as such with the Village.
For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them below:
BOARD
The Board of Trustees of the Village.
COMMERCIAL GROUNDSKEEPING
The providing or rendering of any gardening or groundskeeping services, as defined herein, either as principal, independent contractor, or through an agent or employee, for a fee, charge, or other compensation, to or for the benefit of any owner, tenant, or occupant of lands, grounds, or buildings.
GARDENING
Tilling, sowing, cultivating, trimming, fertilizing, pruning, cutting, shaping, treating, spraying, maintaining and/or providing care for any lawn, sod, tree, flower, shrub, bush, plant, or other flora on any lot, plot, or parcel of land.
GROUNDSKEEPER
An individual, firm, corporation, or other entity which performs commercial landscaping services.
GROUNDSKEEPING
The cleaning of any lot, plot, or parcel of land by means of gathering and/or removing weeds or any fallen, diseased, dead, or discarded tree limbs, branches, brush, leaves, grass, or lawn clippings, fruit or flower waste, or other plant waste and any, litter, dirt, debris, rubbish, or other refuse or waste present or located on or about any premises. "Groundskeeping" does not include:
A. 
The removal of litter, dirt, debris, rubbish, or other refuse or waste by sanitation contractors retained by the Village or by Village Public Works employees in the discharge of their employment duties to the Village.
B. 
The removal of litter, dirt, debris, rubbish, or other refuse or waste by a commercial refuse carter which is not performing any other commercial groundskeeping services to or for the benefit of the owner, tenant, or occupant of the lands, grounds, or buildings from which the removal is taking place.
PERSON
An individual, firm, corporation or other entity.
VILLAGE
The Village of Baxter Estates.
A. 
Except to the extent expressly provided in this chapter to the contrary, it shall be unlawful for any person to engage in or practice the trade or business of commercial groundskeeping within the Village, unless such person has registered with the Village pursuant to the requirements of this chapter, and such registration remains in full force and effect.
B. 
Groundskeeping may be performed without registering with the Village by an owner, lessee, or occupant of the property on which the work is being performed.
A. 
Any commercial groundskeeper desiring to register as required by this chapter shall make application on forms approved by the Board of Trustees, to be furnished by the Village Clerk.
B. 
Each applicant for registration shall pay a nonrefundable filing fee with the application. Such fee shall be in such amount as shall be prescribed from time to time by the Board of Trustees.
C. 
All registrations pursuant to this chapter shall expire on the last day of December in the year in which they have been issued. Registration may be renewed upon the filing of a renewal application and a payment of an annual fee in such amount as shall be prescribed from time to time by the Board of Trustees.
D. 
Each person registered pursuant to this chapter shall, at all times, keep a copy of such registration at the site at which such person is rendering any commercial groundskeeping and shall immediately produce such copy for inspection by any person lawfully requesting the production of the same, including but not limited to any peace or police officer and any inspector, official, officer, or employee of the Village or other government agency or authority.
E. 
There shall be a vehicle permit decal in form issued by the Village evidencing the registration required hereunder firmly affixed to, and clearly visible on, the exterior of every truck, dump truck, van, or other motor vehicle and every trailer, container, or other towable device owned, leased, or otherwise used by any person engaged in commercial groundskeeping at all times when such vehicle or device is located within the Village in the course of providing commercial groundskeeping services.
No groundskeeper or other person shall, and no groundskeeper or other person shall cause or permit any other person within such groundskeeper's or other person's employ or control to, violate any federal, state or local statute, ordinance, rule or regulation, including any provision of the Code of the Village, that is applicable to commercial groundskeeping performed within the Village, or to the commercial groundskeeper, including, without limitation, any and all environmental, hazardous materials, regulated materials, employment and workers safety statutes, ordinances, rules and regulations, and Village Code provisions.
A. 
Whenever it shall appear, to the satisfaction of the Village Clerk, that there has been any false statement, or any misrepresentation as to a material fact in the application on which the registration required under this chapter was based, or that any registration has been issued in error, or that there has been a material failure to comply with any statute, ordinance, rule, or regulation, or with any condition upon which the registration was granted, or that the further use of the registration or the exercise of the privilege thereunder could cause or tend to cause injury, damage, or unreasonable annoyance to a reasonable person of normal sensitivities, or to property within the Village, the Village Clerk may, upon not less than five days' notice sent to the registrant's address for notice set forth in its registration application, by certified mail, return receipt requested, suspend such registration for a period not to exceed 30 days, without refunding any portion of the registration fee, but shall report the facts and circumstances to the Board at its next regular meeting.
B. 
Upon the Board's receipt of a report from the Village Clerk as described in the preceding subsection, the Board may, in its discretion, upon not less than five days' notice by certified mail, return receipt requested, to the registrant sent to its address for notice set forth in its registration application, revoke said registration or continue the suspension of such registration for such period of time as the Board may determine, or rescind such suspension.
C. 
The Board may require the registrant to appear before the Board and show cause why the registration should not be permanently revoked, or the suspension thereof continued, and the failure of the registrant to appear at the time and place appointed shall, without more, be deemed adequate grounds for the permanent revocation of the registration.
D. 
The registrant shall have the right, upon application, to appear and be heard before the Board and present such proof as the registrant may deem appropriate with respect to any such matter as to why such registration should not be suspended or revoked.
A. 
Every person convicted of a violation of this chapter shall for a first conviction thereof be punished by a fine of not more than $250, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of 24 months, such person shall be punished by a fine of not more than $500, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of 24 months, such person shall be punished by a fine of not more than $1,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
No conviction of a violation of this chapter shall in any way be deemed to relieve any person from liability or responsibility under any federal, state or local statute, ordinance, rule or regulation, or any other provision of the Village Code to which such person is subject.
Each owner and tenant of any commercial or residential property within the Village shall be deemed guilty of a violation of this chapter with respect to each violation of any provision of this chapter that occurs within or upon such owner's or tenant's property within the Village. This section is intended and shall be construed to impose strict liability on owners and tenants for any violations of this chapter that occur on their property within the Village. It shall be an affirmative defense in any prosecution of a violation of this chapter under this section that the person whose act is the basis of such violation, if other than the defendant, was not an agent, employee, independent contractor or subcontractor of the defendant, and was not otherwise acting with the defendant's consent or permission.