The Board finds that it is in the best interest of the Town of Huntington to establish Chapter 132 of the Town Code entitled "Landscaping" in order to regulate commercial landscaping activities within the Town.
This Local Law establishes Chapter 132 of the Town Code entitled "Landscaping" to advance the interests of Town residents in encouraging green landscaping practices, protecting public health by reducing emissions from the use of gas-powered leaf blowers, and deterring unlicensed commercial landscapers.
The Board enacts this law after discussions with concerned residents about gas-powered leaf blowers and after reviewing legislation enacted by other communities on gas-powered leaf blowers.
Based on this research, the Board finds that certain commercial landscaping activities may pose a risk of noise, odor, pollution or other nuisances and may otherwise disturb the public health and welfare of Town residents. Scientific studies have been presented to this Board indicating that emissions from gas-powered leaf blowing equipment can cause deleterious health effects for those in the vicinity of their use. Further, the use of this equipment causes an unreasonable amount of noise that is detrimental to the enjoyment of property within the Town. These issues have garnered attention in New York and nationally, with a growing number of municipalities choosing to regulate gas-powered leaf blowers. The Board also finds that certain landscaping companies operate within the Town without the required license issued by Suffolk County. Unlicensed landscapers may operate without the required insurance which is detrimental to the community at large and unlicensed landscapers also operate to the detriment of licensed landscapers adhering to all of Suffolk County's licensing requirements. While it may be difficult for the County to bring enforcement actions against unlicensed landscapers operating within the Town of Huntington, the Town may now be in a better position to do so.
It is the intent of this law to use the Town's power under New York State Town Law and the Municipal Home Rule Law to limit the use of gas-powered leaf blowers and to create a registration procedure within the Town of Huntington for commercial landscapers holding a valid license issued by Suffolk County. Landscapers holding a valid Suffolk County license to conduct commercial landscaping within Suffolk County will now be required to register with the Town of Huntington and obtain registration decals issued by the Town Clerk. These decals will be required to be affixed to each landscaping truck operating within the Town of Huntington and failure to do so will be a violation under this Code.