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.
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.
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.