[Added 4-6-2021 by G.O. No. 2212]
(a)
Except as provided in Subsection (b) below, no person shall engage in or carry on the commercial business of furnishing or providing landscaping, lawn maintenance or similar services within the Town without first having obtained from the Town a license for that purpose. This requirement shall apply only to a commercial landscaping entity. A commercial landscaper is an individual or legal entity whose business involves the placing, planting, arranging, trimming, cutting or removing of trees; the maintenance of lawns, trees, bushes, shrubs, gardens and related appurtenances; and/or the cleaning and/or collection of vegetative waste, including weeds, branches, clippings, leaves, debris, grass or other items of yard waste, on or from the property of another person or entity.
(b)
Exemptions.
(1)
Any
individual providing such services on a casual or part-time basis,
if this person does not utilize a commercially registered vehicle
to transport equipment used in furnishing such services. This individual
must reside in the Town of Westfield and provide services to other
residents within the Town of Westfield.
[Added 4-6-2021 by G.O. No. 2212]
(a)
All applications
for landscaping licenses shall be in writing on all forms furnished
by the Town, signed by the applicant or the authorized agent of the
applicant and presented to the Director of the Department of Public
Works. The application shall state:
(1)
The
name of the landscaper.
(2)
The
correct legal name under which the business is being operated.
(3)
The
address, cellular telephone number and other required contact information
of the landscaper.
(4)
The
make, year, and commercial license plate of each vehicle to be used
in the landscaper's business.
(5)
Such
other pertinent information as may be required by the Town and necessary
for an investigation of the applicant and to protect the health, safety,
and welfare of the residents of the Town.
(b)
All applications
for licenses shall be applied for in the office of the Town of Westfield,
Department of Public Works. Such applications, after appropriate investigation,
shall either be approved or denied by the Director of the Department
of Public Works. Thereafter, if the application is approved, the Director
of the Office of Public Works shall issue the license upon payment
of the license fee as hereinafter provided.
(c)
The annual fee for such license shall not exceed $50, which fee shall be waived for any applicant who has already registered, pursuant to § 10A-2 of the Town Code, with the Department of Public Works for permission to enter the Town of Westfield Conservation Center. The license, when issued, shall be signed by the Director of the Office of Public Works, and such license or a copy of same shall be in each vehicle while in use in the operation of such business. The license shall continue in force and effect only for the calendar year in which it is issued. Upon expiration of the license initially issued by the Director of the Office of Public Works, the license may be renewed by the Director upon the filing of a renewal application and payment of the renewal fee of $50.
(d)
Upon
approval of a license to an applicant, the Director of the Department
of Public Works shall issue a decal for each vehicle to be used in
the landscaper's business, which decal shall be affixed to the left
front bumper of each vehicle.
[Added 4-6-2021 by G.O. No. 2212]
Landscapers shall be prohibited from placing along any of the
public streets, highways, parks or other public place in the Town
(excepting the Conservation Center), or along any curb for garbage
collection, any leaves, sticks, branches, grass clippings, foreign
material, or construction material. All such materials shall be removed
and properly disposed of by all landscapers. Notwithstanding the above,
the Town shall allow leaves only to be placed in the street from November
1 to December 15 of each year for purposes of Town collection. Such
placement of leaves shall be restricted to those from properties located
in Westfield and may not include leaves or other debris from work
performed in other municipalities.
[Added 4-6-2021 by G.O. No. 2212]
It shall be the duty and responsibility of the Director of Public
Works or his or her designee to enforce the provisions of this article
as herein provided. In enforcing this article, the Director of Public
Works or his or her designee shall consult or seek the advice or assistance
of such other agents of the Town as necessary and appropriate to enforce
the provisions of this article. Such other individuals shall cooperate
with and aid the Director of Public Works or his or her designee in
the enforcement of this article.
[Added 4-6-2021 by G.O. No. 2212]
The Director of Public Works or his or her designee and any
agent or employee of the Town working under the supervision of the
Director of Public Works or his or her designee who acts in good faith
and without malice in the discharge of duties of enforcement of this
article is relieved of all personal liability for any damage that
may accrue to persons or property as a result of such acts or alleged
failure to act. Further, the Director of Public Works or his or her
designee shall not be held liable for any costs in any action, suit
or proceeding that may be instituted against the Director of Public
Works in the enforcement of this article.
[Added 4-6-2021 by G.O. No. 2212]
(a)
Any person
or persons who shall violate or fail to comply with any of the provisions
of this article, upon conviction thereof, shall be punished by a fine
of up to $2,000 for any such offense and/or the revocation of the
permit to further operate within the Town.
(b)
The Property
Maintenance Officer or any other agent or employee of the Town working
with or at the direction of the Property Maintenance Officer shall
issue all necessary notices, orders and summonses to enforce the provisions
of this article and remedy any violations of it.
