[HISTORY: Adopted by the Town Board of the
Town of East Hampton 3-18-2021 by L.L. No. 7-2021. Amendments noted where
applicable.]
A.
This local law establishes Chapter 155 of the Town Code, entitled "Landscaping," to advance the interests of Town residents in encouraging green landscaping practices, protecting public health by eliminating emissions from the use of gas- and diesel-powered leaf blowers, reducing noise, and deterring unlicensed landscapers.
B.
Based on this research and information from various sources, the
Town Board finds that certain commercial landscaping and gardening
activities do pose a risk of noise, odor, and pollution that 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 quiet enjoyment of neighboring residences.
C.
The current Town Code, though requiring home improvement contractor's
licenses for commercial landscapers who also do installations of outdoor
improvements such as walkways, patios, and similar structures as a
part of their services, does not require a license for commercial
landscapers who only engage in property maintenance such as cutting
lawns and raking and disposing of leaves. However, the Town requires
a mechanism to contact commercial landscapers working within the Town
to assure that they are aware of the restrictions and limitations
placed upon such activities by this local law, and to adequately enforce
the provisions of this chapter.
D.
This chapter, adopted pursuant to the authority of the Town Law and
the Municipal Home Rule Law of the State of New York, will limit the
use of gas- and diesel-powered leaf blowers, and all leaf blowers
during certain days and times, and create a licensing requirement
for commercial landscapers engaged in property maintenance.
As used in this chapter, the following terms shall have the
meanings indicated:
A form of home improvement contracting involving any landscaping,
gardening or groundskeeping services, for a fee, charge, or other
compensation, to or for the benefit of any owner, tenant, or occupant
of any lot, plot, or parcel of land within the Town.
An endorsement by the Town of East Hampton to a landscaper's
home improvement contractor's license to allow a landscaper to perform
commercial landscaping activities within the Town of East Hampton.
Any device powered by electric, by battery or by corded electrical
power, 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, whether
portable and carried, or walked behind, or attached to a tractor or
similar machine.
The tilling, sowing, cultivating, trimming, fertilizing,
pruning, cutting, shaping, treating, spraying, or otherwise maintaining
and/or providing care for any lawn, sod, trees, flowers, shrubs, bushes,
plants, 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, whether
portable and carried, or walked behind, or attached to a tractor or
similar machine.
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.
New Year's Day, Memorial Day, the Fourth of July, Labor Day,
Veterans Day, Thanksgiving Day and Christmas Day.
Any person over the age of 18, 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. Such activities shall
not include the installation of any outdoor improvements requiring
a home improvement contractor's license unless such commercial landscaper
also holds a home improvement contractor's license.
A.
It shall be unlawful for any person to engage in, or practice the
trade or business of, commercial landscaping within the Town without
obtaining and having in force a commercial landscaper's endorsement
to their home improvement contractor's license pursuant to the requirements
of this chapter.
B.
Commercial landscaping work may be performed without a license by
the owner, lessee or occupant of the property upon which the work
is being performed, or an employee of the owner, lessee, or occupant,
provided that such employee does not provide commercial landscaping
for other properties within the Town and does not receive compensation
for such commercial landscaping work.
C.
The limitations contained herein as they apply to the use of gas-
or diesel-powered leaf blowers applies to all use of such equipment
whether performed by a licensed person or legally unlicensed person
under this chapter.
A.
Any commercial landscaper applying for a home improvement contractor's
license or any renewal thereof shall file with the Town Clerk a written
acknowledgement, as a part of their application or renewal, upon forms
to be furnished by the Town Clerk, confirming their receipt of a copy
of this chapter and the requirement that such commercial landscaper
shall be bound by the regulations contained herein.
B.
In addition, if the commercial landscaper uses or intends to use
regulated chemicals or pesticides, proof of applicable New York State
Department of Environmental Conservation certificate must be submitted
at the time of application and/or renewal.
C.
In addition, if the commercial 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
at the time of application and/or renewal.
A.
No homeowner or tenant performing groundskeeping, or landscaper or
other person in control of performing or providing commercial landscaping
services, shall engage in the following or permit any person who is
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 upon the
private property of another person without such other person's permission.
(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.
(3)
Spill or dump any oil, gasoline or other petroleum products within
the Town.
(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.
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, the County of Suffolk, and this chapter of
the East Hampton Town Code.
C.
In reviewing any complaint filed with the Town Contractors Licensing
Review Board with regard to a licensed home improvement contractor
performing commercial landscaping services, the contractor's compliance
with the requirements of this chapter shall be considered by the Review
Board in determining such complaint, and determining an appropriate
resolution to the complaint.
D.
No walk-behind leaf blowers powered by gas or diesel shall be utilized
upon any property within the Town of East Hampton, exclusive of any
property in any incorporated village, unless such property is greater
than one acre in area.
E.
No more than two leaf blowers of any power source (handheld, backpack,
walk-behind or any combination thereof) shall be used at any one time
on any property, exclusive of property in any incorporated village,
unless such property is greater than one acre in area.
F.
No gas or diesel generators may be utilized to power any electric
leaf blowers at any time.
A.
No landscaper, homeowner, business owner or municipal employee shall
operate any gas- or diesel-powered leaf blower:
(1)
During the period from May 20 to September 20 of any year;
(2)
From September 21 to May 19 of any year, before 8:00 a.m. or after
6:00 p.m. on any weekday;
(3)
From September 21 to May 19 of any year, before 9:00 a.m. or after
5:00 p.m. on Saturdays;
(4)
From September 21 to May 19 of any year, on Sunday or on federal
or New York State holidays, unless such leaf blower is operated by
the homeowner or tenant, and only between the hours of 9:00 a.m. and
3:00 p.m.
B.
For purposes of reducing noise, from May 20 to September 20 of any
year, no leaf blowers, regardless of the source of power (gas, diesel
or electric) shall be operated on a Sunday.
C.
The restrictions and limitations set forth in Subsection A hereof shall apply to all properties located within the boundaries of the Town of East Hampton, including but not limited to beach clubs, golf clubs, tennis clubs, restaurants, and shopping centers.
D.
Exceptions. The restrictions and limitations set forth in this section
shall not apply:
(1)
During times of emergency as determined by executive order of the
Town Supervisor, provided the use of such equipment which is noncompliant
with this chapter is deemed necessary by the Supervisor or other emergency
response official to adequately and expeditiously address the emergency.
(2)
The Supervisor or his or her designee may, in his or her discretion
and upon application, grant a temporary permit to allow the operation
of one or more gas-powered leaf blowers to accommodate a special circumstance.
By way of illustration, a "special circumstance" includes, among other
things, the remediation of an abandoned or neglected property, the
cleanup of streets and roadways following a severe storm or any emergency
situation which presents an immediate danger to public health and
safety.
A violation of any provision of this chapter shall be deemed
a violation of the licensee's home improvement contractor's license,
and, in addition to the penalties set forth in this chapter, the License
Review Board shall have authority to conduct investigations into any
complaints, and such violations shall be a basis for the limitation,
suspension and/or revocation of the contractor's home improvement
contractor's license.
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 more than $1,000.
(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.
(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 more than
$5,000.
(4)
Any person or entity found by the Bureau of Administrative Adjudication to have violated any of the provisions of Chapter 155, or to have failed to respond to a summons charging the same within fifteen (15) days of issuance, shall likewise be subject to the following Fine and Penalty Schedule:
[Added 6-2-2022 by L.L. No. 17-2022; amended 6-1-2023 by L.L. No. 11-2023]
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.
