[HISTORY: Adopted by the Board of Trustees of the Village
of Flower Hill 6-1-2020 by L.L. No. 4-2020. Amendments noted where
applicable.]
A.
This local law adds Chapter 144 to the Village Code entitled "Landscaping Equipment and Use" to advance the interests of Village residents in encouraging green landscaping practices, protecting public health by reducing emissions from the use of gas-powered leaf blowers and similar power equipment.
B.
The Board enacts this chapter after discussions between concerned
residents, and after reviewing legislation enacted by other communities
on similar matters.
C.
Based on this research and testimony, the Board finds that certain
commercial landscaping and gardening activities may pose a risk of
noise, odor, pollution or other nuisances and may otherwise disturb
the public health and welfare of Village residents.
D.
It is the intent of this chapter to use the Village's power under
the Village Law and the Municipal Home Rule Law to limit the use of
gas-powered leaf blowers and other power equipment used in commercial
landscaping.
As used in this chapter, the following terms shall have the
meanings indicated:
The business or trade of rendering 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.
The tilling, sowing, cultivating, trimming, fertilizing,
pruning, cutting, shaping, treating, spraying, or otherwise 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.
Any device powered by a gasoline, diesel or similar fuel
engine which is used, designed, or operated to produce a current of
air for the purpose of pushing, propelling or blowing leaves, dirt,
gardening and grass clippings and cuttings, refuse or debris.
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 engendered on
or about the premises. Groundskeeping does not include 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.
All federally recognized holidays.
[Amended 8-3-2020 by L.L. No. 9-2020; 8-1-2022 by L.L. No. 10-2022]
An individual, firm, corporation, or other entity performing
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.
Any equipment used in the work of a commercial landscaper
that is powered by gas or diesel fuel.
Any landscaping conducted without the use of power equipment.
A.
No landscaper or other person shall individually or cause or permit
any other person who is providing commercial landscaping services
for them or who is otherwise within their employ or control to:
(1)
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.
(2)
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
where such leaves, clippings or other yard waste do not remain on
the property as mulch.
(3)
Spill or dump any oil, gasoline or other petroleum products within
the Village.
(4)
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.
(5)
Remove, destroy or alter any tree in violation of the Village Code
or otherwise in violation of state law.
(6)
Perform any commercial landscaping on:
(a)
Sundays and holidays;
(b)
Saturdays before 9:00 a.m. or after 5:00 p.m. and, further,
the only landscaping to be permitted between the hours of 9:00 a.m.
and 5:00 p.m. shall be quiet landscaping; and
[Amended 8-3-2020 by L.L. No. 9-2020]
[1]
Exceptions:
[a]
The operation of gasoline- or diesel-powered leaf blowers operated
in the course of performing groundskeeping, gardening or landscaping
services at golf courses shall be permitted during these hours so
long as not being conducted within 100 feet of a lot containing a
residence.
[b]
Temporary waiver. The Village Administrator shall have discretion,
upon written request by a homeowner, to grant a temporary waiver allowing
the operation of landscaping for a special event such as a wedding,
party, or other large social gathering.
(c)
Weekdays before 8:00 a.m. or after 5:00 p.m.
(8)
Operate any equipment which emits excessive fumes.
(9)
Burn any wastepaper, rubbish, leaves, cuttings, wood, or other waste
materials.
B.
All commercial landscaping shall be performed in accordance with
the laws, ordinances, rules, and regulations of the United States,
the State of New York, and the County of Nassau.
[Added 6-1-2020 by L.L.
No. 5-2020; amended 8-3-2020 by L.L. No. 9-2020]
No landscaper shall operate any gas-powered leaf blower during
the period from June 15 through and including September 15. This time
period may be changed by resolution of the Board of Trustees as it
deems appropriate.
A.
Temporary waiver. The Village Administrator shall have discretion,
upon written request by a homeowner, to grant a temporary waiver allowing
the operation of landscaping for a special event such as a wedding,
party, or other large social gathering.
B.
Exception. This subsection shall not apply to the operation of gasoline-
or diesel-powered leaf blowers operated in the course of performing
groundskeeping, gardening or landscaping services at golf courses,
except when the equipment is operated within 100 feet of a lot containing
a residence.
A.
Any person or persons who shall violate any of the provisions of
this chapter, shall be subject to the following penalties:
(1)
For conviction of a first offense, by a fine of not less than $500
and not more than $1,000 or by imprisonment not exceeding five days,
or by both.
(2)
For conviction of the second of two offenses, both of which were
committed within a period of five years, by a fine of not less than
$1,500 and not more than $2,500 or by imprisonment not exceeding 10
days, or by both.
(3)
For conviction of a third or subsequent offense, all of which were
committed within a period of five years, by a fine of not less than
$3,000 and not more than $10,000 or by imprisonment not exceeding
15 days, or by both.
B.
In addition to the fines as set forth above, upon conviction for
any violation of the provisions of this chapter the permit of any
commercial landscaper convicted of such violation shall be suspended
for one year. Upon a second conviction within a three-year period,
the permit of such commercial landscaper shall be revoked, and may
only be reinstated upon good cause shown to the Board of Trustees
following a hearing.
If any clause, sentence, paragraph, section, word or part of
this chapter is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this chapter
directly involved in the controversy in which judgment is rendered.
