[HISTORY: Adopted by the Board of Trustees of the Village
of Roslyn Estates 7-16-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
The Board of Trustees finds that the provisions of this chapter
are necessary and desirable to regulate and control commercial landscape
gardening activities which pose a potential or actual risk of noise,
odors, 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 register certain persons or entities
engaged routinely in commercial landscape gardening and to limit,
regulate, or prohibit related activities which, if left unregulated,
may tend to create or encourage nuisances, noise, or other environmental
pollution or disturbance of the public peace and order.
For purposes of this chapter, the following words and phrases
shall have the meanings ascribed to them below:
The Board of Trustees of the Village.
The providing or rendering of any landscaping, 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.
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.
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:
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.
The removal of litter, dirt, debris, rubbish, or other refuse
or waste by a commercial refuse carter which is not performing any
other commercial landscaping 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.
An individual, firm, corporation, or other entity which performs
commercial landscaping services.
The planting, transplanting, arranging, placing, and/or removal
of any lawns, sod, trees, flowers, shrubs, bushes, plants, or other
flora on any lot, plot, or parcel of land for a planned design or
purpose or to achieve some aesthetic effect.
The Village of Roslyn 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 landscaping within the Village without having
first registered with the Village pursuant to the requirements of
this chapter.
B.
Commercial landscaping may be performed without registering with
the Village by:
(1)
The owner, lessee, or occupant of the property on which the work
is being performed.
(2)
An employee of the owner, lessee, or occupant of the property on
which the work is being performed, provided that such employee does
not provide commercial landscaping for more than two properties within
the Village within any one calendar year, and such employee has no
employees of his or her own who are performing commercial landscaping
within the Village. The term "employee" as used herein is limited
to persons who are treated by the owner, lessee, or occupant as an
employee pursuant to all New York State and federal labor and income
tax laws.
(3)
A person who is less than 21 years of age and who is performing commercial
landscaping for his or her own account and not as an employee of another
person or entity, provided that such person does not perform commercial
landscaping for more than four properties within the Village within
any one calendar year, and such person has no employees of his or
her own who are performing commercial landscaping within the Village.
A.
Any landscaper 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 or entity 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 landscaping 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
landscaping at all times when such vehicle or device is located within
the Village in the course of providing commercial landscaping services.
No landscaper or other person shall directly, and no landscaper
or other person shall cause or permit any other person within such
landscaper's or other person's employ or control to:
A.
Blow, rake, place, spill, dump, or otherwise deposit, any leaves,
grass, garbage, refuse, cuttings, wood, oil, pesticides, or other
materials or debris from one property onto any public property, including,
but not limited to, streets, sidewalks and rights-of-way, or the private
property of another person, without such other person's permission.
In any prosecution for a violation of this provision, it shall be
an affirmative defense that such other person gave the alleged offender
permission to blow, rake, place, spill, dump, or otherwise deposit
such material or debris on such other person's property.
B.
Remove leaves, clippings, or other yard waste in a truck, dump truck,
van, or other motor vehicle, trailer, container, or other towable
device without securing a tarpaulin or other cover to prevent spillage.
C.
Spill or dump any oil, gasoline, or other petroleum products within
the Village.
D.
Fill or refill any machinery or equipment with any fuel or lubricant
except over a drop cloth or other device designed to catch and retain
any accidental spillage.
F.
Spray trees, plants, or other foliage or otherwise apply pesticides
or fertilizers on a Saturday, Sunday, or public holiday.
G.
Apply or spray pesticides or fertilizers that have not been approved
as to type, quantity, and manner of application by the appropriate
federal, state, and/or local agencies.
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 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 clause, the Board may, in its discretion,
upon not less than five days' notice by certified mail, return
receipt requested, to the landscaper 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 revocation.
C.
The Board may require the registrant to appear before the Board and
show cause why the registration should not be permanently revoked,
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.
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.
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, subcontractor, tenant, guest or
family member of the defendant, and was not otherwise acting with
the defendant's consent or permission.
