Editor's Note: Amended in entirety by Ord. No. 2021-32. Prior
ordinance history includes Ordinance No. 2005-13 and Ord. No. 2014-21.
[Ord. No. 2014-21; amended 10-26-2021 by Ord. No.
2021-32]
Except as otherwise provided in this chapter, no person shall
landscape or engage in any landscaping on any public or private property
within the municipality for hire without first registering with Princeton,
on forms to be supplied by the enforcement officer (as hereafter defined).
The purpose of this chapter requiring landscaper registration
is to ensure that persons defined in section 10C-2 are aware of their
obligations under Princeton's ordinances and applicable state
and federal laws, including but not limited to regulations concerning
the leaf, branch and log collection program and loud, continuous or
excessive noise, Federal and New Jersey State wage and hour laws and
the New Jersey State workers' compensation laws.
Nothing in this chapter shall relieve any owner, lessee or tenant
of the responsibility to comply with the requirements of Princeton's
leaf, branch and log collection program or regulation of loud, continuous
or excessive noise set forth elsewhere in this Code.
[Ord. No. 2014-21; amended 10-26-2021 by Ord. No.
2021-32]
As used in this chapter the following words and phrases shall
have the following meaning:
Shall mean the municipal official(s) or employee(s) designated
by the administrator to enforce the provisions of this chapter.
Shall mean to demand and/or accept payment or compensation
for completion of services.
Shall have the same meaning as may be defined in Chapter T22 of this Code, Trees and Shrubs.
Shall mean to be in the business, occupation or trade of
adorning or improving any property or portion of property by trimming
or cutting grass or shrubs; by planting, installing or removing leaves,
branches, logs, grass, flowers, mulch, hedges or shrubs; or by planting
or installing trees. As used in this chapter, landscape and landscaping
shall also refer to solicitation of the above-referenced services.
Shall mean any individual or entity whose existence is recognized
by law, including, but not limited to, any partnership, corporation
(for-profit, nonprofit, or municipal and its agencies), firm, association,
or any combination of the foregoing.
Shall mean having been found guilty, liable or responsible
in any judicial or administrative proceeding of committing a violation
of the Federal Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201
et seq., the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a. et
seq., the New Jersey State Wage Payment Law, N.J.S.A. 34:11-4.1 et
seq. or N.J.S.A. 2C:40A-2 (violation of contract to pay employees).
[Ord. No. 2014-21; amended 10-26-2021 by Ord. No.
2021-32]
(a)
An application for registration shall be made upon forms provided
by Princeton and shall be filed with the enforcement officer. Approved
applications for registration shall be public records.
(b)
At the time of registration, applicants shall acknowledge that they
have received (or been offered, at no cost) a copy of the provisions
of the municipality's ordinances regulating its leaf, branch
and log collection program and loud, continuous or excessive noise
in English and in Spanish. In addition, applicants shall acknowledge
that they have received (or been offered, at no cost) a copy of the
Federal and New Jersey State wage and hour laws and New Jersey State
workers' compensation insurance laws in English and in Spanish.
Each applicant shall also submit a copy of a Certificate of Insurance
showing that said applicant has purchased and maintains workers'
compensation insurance from an insurance company licensed in the State
of New Jersey as may be required by law.
(c)
Every registration shall be issued and renewed on an annual basis,
effective March 1 of each year.
(d)
No registration shall be required of any owner, lessee or tenant
of real property who shall personally perform activities otherwise
requiring a registration; except that all such work must otherwise
comply with the municipality's ordinances.
(e)
The mayor and council may, upon recommendation of the enforcement
officer, after notice and an opportunity for a hearing, suspend or
revoke any registration for violation of law, including but not limited
to wage theft laws, or related Princeton ordinances, or for good cause,
which is shown to be prejudicial to the public health, safety or welfare.
In addition, the enforcement officer may temporarily suspend any registration
for a period not to exceed one week or until the mayor and council
can be convened to consider said suspension, when:
(1)
The enforcement officer has reasonable cause or belief that
an emergency affecting the public health, safety or welfare so requires;
or
(2)
The enforcement officer receives sufficient information to establish
that the registrant has committed wage theft which has not been cured
by the registrant by compliance with the order or decision of the
governmental entity determining the same.
(f)
Princeton makes no guarantee or representation regarding the fitness,
knowledge or qualification of any person that is registered by Princeton
to engage in landscaping for hire.
[Ord. No. 2014-21; amended 10-26-2021 by Ord. No.
2021-32]
Owners, lessees and tenants, and their registered landscapers,
are encouraged, but not required, to either compost leaves, branches
and logs themselves on their own property, such as in wooded areas
if practicable, or bring leaves, branches and logs to the Lawrence
Township Ecological Facility ("Facility"), or such other ecological
facility that may be designated by the municipality for disposal.
At the time of taking branches and logs to the Facility for disposal,
such persons shall provide their name and registration number, along
with the property owner, lessee or tenant's name, address and
signature, to the Facility on forms for such purpose available in
the office of the enforcement officer.
[Ord. No. 2014-21; amended 10-26-2021 by Ord. No.
2021-32]
(a)
Home improvement contractors registered pursuant to N.J.A.C. 13:45A-17.1
et seq. on or after December 31, 2005 shall not be required to register
with the municipality as set forth in this chapter.
(b)
Persons who are specifically exempt from the registration requirements
of N.J.A.C. 13:45A-17.1 et seq. under N.J.A.C. 13:45A-17.4 on or after
December 31, 2005 shall not be required to register with the municipality
as set forth in this chapter.
(c)
Any person registered with the New Jersey State Board of Tree Experts
to provide "Tree Care Services" in New Jersey and under the applicable
regulations, N.J.A.C. 7:3A et seq., shall not be required to registered
with the municipality as set forth in this chapter.
[Ord. No. 2014-21; amended 10-26-2021 by Ord. No.
2021-32]
For each violation of this chapter, the violator shall be subject to such fines and other penalties as provided in Section B1-6 of this Code, entitled "General Penalty; Continuing Violations; Repeat Violations; Other Penalties." Repeat offenders shall be subject to additional fines and other penalties as provided in section 1-6 of this Code.
