As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIAL LANDSCAPER
An individual, firm, corporate or other entity performing
commercial landscaping, gardening, and groundskeeping services.
COMMERCIAL LANDSCAPING
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.
The following rules and regulations shall apply:
A. No person shall perform commercial landscaping within the Town of
Smithtown without having registered with the Department of Public
Safety.
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 the Town.
C. 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.
D. 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.
E. 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."
F. 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.
G. 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.
H. 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.
I. No person shall burn any wastepaper, rubbish, leaves, cuttings, wood,
or other waste materials.
J. 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.
K. 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.
L. 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.
M. 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.
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.
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.
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.
This chapter shall take effect in 60 days.