Town of Smithtown, NY Landscapers

The business or trade of rendering any landscaping services, as defined herein, either as a principal, independent contractor, or through an agent or employee 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.

LANDSCAPING

The maintaining of and/or providing care of lawns, trees, and other vegetation, including but not limited to mowing, cutting, trimming, gathering, raking, blowing, and/or removal of leaves, grass, lawn clippings, tree pruning, tree and stump removals, and/or other debris, on any lot, plot or parcel of land. This includes regular maintenance, as well as yard waste cleanups, including, but not limited to, fall and spring cleanups.

REGISTRY

A registry of commercial landscapers holding a valid license issued by Suffolk County and registering with the Department of Public Safety in accordance with the procedure set forth in this chapter.

§ 195-2 Registration; exceptions.

Any commercial landscaper performing commercial landscaping within the Town of Smithtown shall register with the Department of Public Safety and obtain a current registration decal issued by the Department of Public Safety, and affix the Town registration decal to each landscaping vehicle to be utilized within the Town of Smithtown pursuant to the requirements of this chapter. Failure to obtain a registration decal shall be a violation, and failure to display the registration decal shall be a separate violation.

Commercial landscaping may be performed without a Town registration decal by:

(1)

An employee of the owner, lessee, or occupant of the property on which the work is being performed, provided that such employee does not provide commercial landscaping for other properties with the Town within any one calendar year, and such employee has no employees of his or her own who are performing commercial landscaping within the Town. The term "employee," as used in this section, is limited to persons who are treated by the property owner, lessee, or occupant as an employee pursuant to all New York State and federal labor and income tax laws.

(2)

A person who is less than 21 years of age and who is performing the commercial landscaping for his or her own account and not as an employee of another person or entity and has no employee of his or her own over the age of 21 who are performing commercial landscaping within the Town.

§ 195-3 Application procedure; fee; expiration; decals.

Any landscaper applying to register with the Town of Smithtown shall file with the Department of Public Safety a written application upon forms to be furnished by the Department of Public Safety. Each application shall be accompanied by a copy of a valid license issued by Suffolk County necessary to conduct commercial landscaping within Suffolk County. Each applicant shall also provide proof of comprehensive liability and property insurance in an amount of at least $1,000,000 personal injury/$2,000,000 aggregate and $50,000 property damage, as well as proof of worker's compensation and disability insurance as required by New York State law.

Any applicant seeking to register with the Town of Smithtown shall provide the following information: name of commercial landscaper (sole proprietorship, partnership, corporation, or other) as it appears on the Suffolk County license; address; contact person with primary and secondary phone numbers; vehicle registration, make, and license plate number for each vehicle to be utilized for commercial landscaping within the Town; and the Suffolk County license number as set forth on the accompanying copy of the valid Suffolk County license. The Department of Public Safety will issue the applicant a registration number and registration decal upon the submission of required information and documentation and filing fee if applicable. The registration decal shall set forth the registration number.

Each applicant seeking to register with the Town of Smithtown shall pay a nonrefundable filing fee with the application. There shall be a filing fee of $50. The filing fee shall include the issuance of one Town registration decal. There shall be a $5 fee for each additional decal required.

The Department of Public Safety shall charge no filing fee for any applicant registering with the Town for the first time who can provide receipts showing that five or more pieces of landscaping equipment powered by electric or battery motors have been purchased by the applicant for use in its commercial landscaping business within the last year. The applicant must submit a signed certification, on a form prepared by the Town, confirming the receipts are accurate and the applicant's intent to use the equipment. In addition to providing receipts, applicants shall also provide to the Department of Public Safety any additional documents requested for each piece of electric or battery-operated landscape equipment purchased. Failure to utilize such equipment subsequent to submitting the signed certification shall be deemed a violation.

All Town of Smithtown registration decals issued pursuant to this chapter shall be in effect for one year commencing on April 1 of each calendar year and expiring on the last day of March of each calendar year. Landscapers shall renew their registration with the Town annually upon the filing of a renewal application and payment of a renewal fee in the amount of $30. A copy of a valid Suffolk County license shall accompany the renewal application. The renewal fee shall include one Town registration decal. There shall be a $5 fee for each additional decal required. Any landscaper not renewing for a year shall be considered a new applicant.

The Town shall provide registration decals to each registered landscaper, which decal shall be conspicuously affixed to the driver's side of every truck, dump truck, van, or other motor vehicle owned, leased, or otherwise used by any person engaged in commercial landscaping at all times when the vehicle is located within the Town. Such decal shall be visible to any peace or police officer and any inspector, official, officer, or employee of the Town or other governmental agency or authority. Failure to do so shall be a violation of this chapter. Each truck, dump truck, van, or other motor vehicle without a registration decal affixed shall be considered a separate violation.

In special circumstances, which shall include the cleanup of streets and roadways following a severe weather event, the necessity to remediate abandoned or neglected property, or any emergency situation which presents an immediate danger to health or safety, the Town Board and/or its designee may grant a temporary permit to landscapers not otherwise authorized to perform work within the Town strictly for the purpose of remediating the danger which necessitated the issuance of the temporary permit.

§ 195-4 Regulations.

The following rules and regulations shall apply:

No person shall perform commercial landscaping within the Town of Smithtown without having registered with the Department of Public Safety.

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 the Town.

No person shall engage in the application of pesticides unless that person has in his possession his certificate and possesses a valid pesticide business registration and displays vehicle triangles duly issued by the New York State Department of Environmental Control, authorizing him to engage in such activity.

Application of pesticides and insecticides by anyone by means of engine-powered spraying or dusting devices shall not take place prior to the time that landscaping work is permitted.

Landscaping work may be performed by commercial landscapers only during the hours of 7:00 a.m. through 8:00 p.m. Monday through Friday, 9:00 a.m. through 8:00 p.m. Saturday, and 10:00 a.m. through 5:00 p.m. on Sundays. No work may be performed and no equipment may be operated in violation of Chapter 207 of the Town Code entitled "Noise."

No landscaper shall scatter, nor in using any mechanical or electrical blower cause to be scattered, any garbage, refuse, cuttings, leaves, or other material or debris onto any public street, road, sidewalk, right-of-way or other public property or the private property of another person without removing and/or cleaning the same immediately; nor shall any of such material be allowed to enter any storm drains, canals, rivers or other waterways.

No more than two hand-held or backpack-mounted gas-powered leaf blowers may be operated at any given time on properties of a half-acre or less in residential districts.

No landscaper shall 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.

No person shall burn any wastepaper, rubbish, leaves, cuttings, wood, or other waste materials.

No person shall spill or dump oil, gasoline, or other petroleum products or any pesticides on a public street, road or highway or right-of-way, or on the ground. No equipment shall be filled or refilled except over a drop cloth or other device designed to catch and retain any accidental spillage.

All vehicles and trailers are to be properly parked at a minimum of 30 feet from the corner of any intersection. Hazard warning cones are to be placed at the front and rear of any landscaping vehicles and/or trailers that are parked in or alongside the roadway.

All commercial vehicles used in connection with the landscaping business shall be clearly marked in two-inch letters with the name of the company and the origin of the vehicle and include a decal, which shall include the appropriate year, issued by the Department of Public Safety.

No landscaper or client thereof shall leave or allow to be left for collection by the Town and its agents any material defined as putrescible garbage, recyclables, or Town yard waste as if same was residentially generated.

§ 195-5 Penalties for violations.

Each and every person violating any of the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for 10 days, or by both such fine and imprisonment, for the first offense, and by a fine not exceeding $1,000 or by imprisonment for 15 days, or by both such fine and imprisonment, for a second offense, and by a fine not less than $2,000 or by imprisonment for 30 days, or by both such fine and imprisonment, for a third or subsequent offense.

§ 195-6 Revocation and suspension of license.

In addition to the penalties set forth in § 195-5, the Town Board may revoke or suspend any license issued pursuant to this chapter for good cause shown after notice to the licensee and a public hearing.

§ 195-7 License to be in possession of the person performing work.

The license issued pursuant to this chapter or a photocopy signed by the licensee shall be at all times in the actual possession of the person performing the work at the site.

§ 195-8 Effective date.

This chapter shall take effect in 60 days.