[Adopted 7-31-2019 by L.L. No. 6-2019]
For the purposes of this article, certain words and terms shall
have the following meanings:
Any person over the age of 18, corporation, partnership or
business entity of any form who tends, plants, installs, maintains,
or repairs lawns, gardens, hedges, flower beds, shrubbery, trees,
or landscaping of any kind on real property which such person or business
entity does not own or at which s/he does not reside pursuant to an
oral or written agreement for compensation.
A.Â
No landscaper shall advertise, operate or provide services within
the Village of East Hampton unless the landscaper is registered annually
pursuant to this article.
B.Â
Registration requirements.
(1)Â
All landscapers shall submit a completed annual registration form
provided by the Village Administrator and pay a nonrefundable annual
registration fee of $200 or such other amount as may hereafter be
fixed by resolution of the Board of Trustees from time to time.
(2)Â
The registration form, at a minimum, shall state that the landscaper has read, understands, and agrees to comply with the Village's noise law (Chapter 196) with respect to the dates and times for permitted property maintenance and landscaping, the use of gas-powered leaf blowers and all other relevant Village laws and policies. A business entity shall be responsible for all employees understanding the applicable rules and regulations and compliance with the requirements of this article and the Village Code.
(3)Â
In addition, the landscaper shall submit proof of a valid and current
Town of East Hampton home improvement license.
(4)Â
In addition, if the landscaper uses or intends to use regulated chemicals
or pesticides, proof of applicable New York State Department of Environmental
Conservation certificate must be submitted.
(5)Â
In addition, if the landscaper uses or intends to apply fertilizer
product(s), proof of a certificate of completion of a Suffolk County
Nitrogen Fertilizer Turf Management Course must be submitted.
C.Â
When the Village Administrator determines that all requirements have
been met, s/he shall issue landscaper registration tags/stickers,
which must be placed in a conspicuous location as determined by the
Village Administrator on each vehicle the landscaper uses in the Village.
The landscaper registration tag/sticker shall apply to the vehicle
registered to the landscaper and is not transferable from one vehicle
to another, nor to any other landscaper, person or entity. The landscaper
shall pay a nonrefundable fee of $10.00 for each registration tag/sticker
issued.
D.Â
Landscaper registration and the landscaper registration tags/stickers
shall be granted pursuant to this article shall expire in accordance
with the terms of said license, but not later than the last day in
June next following the date of the granting thereof, unless sooner
suspended or revoked for cause.
A.Â
Any person or business entity committing an offense against any provision
of this article shall, upon conviction thereof, be guilty of a violation
punishable by a fine of no less than $250 and not more than $500 for
a first offense; no less than $500 or more than $2,500 for a second
offense; and no less than $2,500 or more than $5,000 for a third or
subsequent offense. The continuation of an offense against the provisions
of this article shall constitute, for each day the offense is continued,
a separate and distinct offense hereunder.
B.Â
In addition, the Board of Trustees may revoke the registration of
any landscaper who violates any requirement of this article following
written notice to the landscaper of any such violation with an opportunity
to be heard at a public hearing.[1]
[1]
Editor's Note: Former Art. IV, Caterers, adopted 7-30-2021
as L.L. No. 17-2021, which immediately followed, was repealed 7-7-2023
by L.L. No. 12-2023.