[HISTORY: Adopted by the Board of Trustees of the Village
of Valley Stream 2-10-2020 by L.L. No. 1-2020. Amendments noted where
applicable.]
The Board of Trustees of the Village of Valley Stream hereby
determine that to protect the public health, safety and welfare of
the residents of the Village of Valley Stream, the public interest
requires permitting and licensing of businesses involved with tree
cutting, pruning and removal services operating within the Village
and controlling of their activities, as they relate to the use of
Village streets and the cutting and removal of tree material from
real property within the Village.
As used in this chapter, the following words and phrases shall
have the following meanings:
Any business entity or person who performs work commercially
to cut, prune or remove trees other than the owner of the land where
the activity occurs.
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
Tree branches, trunks, stumps, roots.
Any natural person or an individual whether a resident of
the Village of Valley Stream or not.
Includes all real property, improved or unimproved, owned
by any person, association of persons, corporations, including municipal
corporations, or otherwise which is not otherwise defined as a "public
highway" or "public place" herein.
Includes any street open to the public which has been accepted
for dedication by the Village of Valley Stream, or has been maintained
continuously by the Village in accordance with the provisions of the
Village Law of the State of New York for the full width from property
line to property line.
Includes any real property available to or open to use by
all residents of the Village of Valley Stream.
It shall be unlawful for any person or company engaged in the
business of tree removal services for profit within the Village of
Valley Stream without first obtaining a valid license issued by the
Village Clerk and has agreed to conform to the provisions of this
chapter.
An application for a license shall contain the following:
A.
Name and description of applicant. In the case of a corporation,
the names of the president, treasurer and secretary. In the case of
a partnership, the names of the partners. In the case of a sole proprietor,
the name of the proprietor.
C.
Telephone and email contact information of the applicant.
D.
Brief description of the business.
E.
A statement as to whether or not the applicant or persons listed under Subsection A has ever been convicted of a crime, misdemeanor or violation of any municipal ordinance or local law, or consumer complaints, the nature of the offense, and the punishment or penalty assessed.
F.
If the applicant is a company, the names, addresses and title of
the officers of the company upon whom process or other legal notice
may be served.
G.
A description of all vehicles, including the license and registration
numbers of each vehicle used by the applicant.
H.
The applicant shall be required to submit with its application proof
of current license by the Nassau County Department of Consumer Affairs.
No license shall be issued under this section unless such proof is
submitted.
A.
Upon receipt of such application, one copy shall be referred to the
Nassau County Police Department for such investigation of the applicant
to be made as it deems necessary for the protection of the public
good and one copy to the Nassau County Department of Consumer Affairs.
B.
If such investigation should prove the applicant to have a police
record or record of consumer complaints, the police department or
Consumer Affairs shall attach to such application a copy of the applicant's
police record and shall return the application to the Village Clerk,
who shall notify the applicant that no license shall be issued on
said application until a hearing is conducted by the Village Clerk.
C.
If as a result of such investigation of the applicant, no police
record or a record of consumer complaints is found, the Police Department
of Office of Consumer Affairs shall attach to application a statement
that it has no record of the applicant and shall return said application
to the Village Clerk. Upon return of such application and approval
of the Village Clerk and the payment of the prescribed license fee
by the applicant, the Village Clerk shall prepare and deliver to the
applicant his license and decal. Such license shall contain the seal
of the Village and show the name and address of the licensee, the
amount of fee paid, the license number, the date of the issuance and
date of expiration of such license, as well as the New York State
license plate number(s), vehicle(s) registration(s) VIN numbers and
description of the vehicle make and model.
D.
The Village Clerk shall keep a record of all licenses issued.
A.
A license fee of $250 shall be charged when the license is issued,
which shall include one license decal for the first truck vehicle.
B.
Each additional truck vehicle shall be charged a $50 fee for the
license decal.
C.
Each trailer shall be charged a $50 fee for the license decal.
D.
All license decals expire annually on February 28.
E.
There is no reduction in fees for fractional parts of the year.
F.
The aforesaid fees, for the ensuing year, may be changed by Board
of Trustees at an open meeting by resolution.
G.
Replacement license/decal fee shall be $250.
A.
For each vehicle licensed under this chapter, the Village Clerk shall
issue a decal which shall bear the number of the license and the calendar
year for which such license is issued, in figures plainly discernible.
Said decal shall be attached to the left side of each vehicle in a
conspicuous place and shall be kept clear and readable at all times.
B.
To each person licensed under this chapter who loses the license/decal
issued by the Village Clerk, the Village Clerk shall issue a replacement
upon said person submitting an affidavit setting forth the facts surrounding
and establishing the loss of said license/decal and payment of the
proper fee.
Every person licensed under this chapter shall have his license
in his immediate possession at all times and shall display the same
upon demand of any Village official.
No license/decal issued under the provisions of this chapter
may be transferred from one person to another person or from one vehicle
to another vehicle, nor shall the license/decal so issued be used
be at any time by any person other than the one to whom it was issued.
It shall be unlawful for any person to enter upon private property
in or abutting a residential or commercial zone for the purpose of
providing tree removal services before the hour of 8:00 a.m. of any
day or after 1/2 hour before sunset of any day, or after the hour
of 7:00 p.m. of any day whichever is earlier.
It shall be the duty of any Public Safety Officer of the Village
of Valley Stream and Code Enforcement Officer of the Village of Valley
Stream to require any person seen providing tree removal services
on private property and who is not known by Public Safety Officer
or Code Enforcement Officer to be duly licensed, to produce their
license and to enforce the provisions of this chapter against any
person found to be violating the same.
A.
Licenses issued or to be issued under the provisions of this chapter
may be denied or revoked by the Village Clerk of the Village of Valley
Stream after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as a tree removal services company.
(3)
Any violation of this chapter or any violation of the Valley Stream
Village Code.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of tree removal services in an unlawful manner
or such a manner to constitute a menace to health, safety or general
welfare of the public.
B.
Notice of the hearing for revocation of a license shall be given,
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
pre-paid, to the licensee at their last known address at least five
days prior to the date set for the hearing.
C.
The Village Clerk, upon receiving information giving Village Clerk
reasonable cause to believe that the holder of any license issued
hereunder has violated any provisions of this chapter or has been
convicted of any violation referred to in this section, or indicted
or charged with or for any crime or offense, or has been convicted
of any crime of offense, may forthwith temporarily suspend such license
until a hearing is held by Village Clerk, as provided herein, and
the Village Clerk shall have issued a determination thereon.
An appeal may be made by any person aggrieved by the action of the Village Clerk in the denial of any application for a license, as provided in § 90C-5 of this chapter, or in the decision of the Village Clerk with reference to revocation of a license, as provided in § 90C-12 of this chapter, to the Board of the Village of Valley Stream. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of such appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at their last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
A.
A violation of any of the provisions of this chapter or any part
thereof shall constitute disorderly conduct and such person shall
be and is hereby declared a disorderly person and shall be liable
for and forfeit and pay a penalty not exceeding $1,000 and/or 15 days
in jail.
All ordinances, local laws or resolutions, or parts of ordinances,
local laws or resolutions of the Incorporated Village of Valley Stream
inconsistent with the provisions of this local law are hereby repealed,
provided, however, that such repeal shall be only to the extent of
such inconsistency and all other respects this local law shall be
in addition to other legislation regulating and governing the subject
matter covered by this local law.
If any section, or paragraph subdivision or provision of this
local law shall be adjudged invalid or held unconstitutional, the
same shall not affect the validity of this local law as a whole or
any part or provision thereof, other than the part so decided to be
invalid or unconstitutional.
These foregoing provisions shall take effect immediately upon
filing with the Secretary of State.
