[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.
No landscaper shall advertise, operate or provide services within the Village of East Hampton unless the landscaper is registered annually pursuant to this article.
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.
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.
In addition, the landscaper shall submit proof of a valid and current Town of East Hampton home improvement license.
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.
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.
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.
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.
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.
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.