[Adopted 7-9-1984 by L.L. No. 3-1984]
As used in this article, the following words and phrases shall have the following meaning:
GARDENER
Any person who engages in the tending, maintaining, managing, creating or laying-out of lawns, gardens, flower beds, shrubbery, trees or landscaping of every nature and description on other than his own property.
PERSON
Any individual, firm, partnership or corporation.
PRIVATE PROPERTY
All real property, improved or unimproved, owned by any municipal corporation, corporation, person, partnership, firm, association or otherwise which is not included in the definitions of "public highway" of "public place" above.
PUBLIC HIGHWAY
Any street open to the public for its full width from property line to property line, including the sidewalk area, whether or not installed.
PUBLIC PLACE
Any real property available to or open to use by all or a majority of the property owners or residents of the Village of Atlantic Beach.
It shall be unlawful for any person to perform as a gardener in the territorial limits of the Village of Atlantic Beach unless he shall have first obtained, and shall have then in force, a gardener's license as hereinafter provided.
[Amended 3-8-2004 by L.L. No. 1-2004; 5-13-2024 by L.L. No. 2-2024]
A. 
Every person who desires to perform as a gardener in the Village of Atlantic Beach may apply to the Village Clerk for a license on forms to be furnished by the Village Clerk. Such license shall be granted by the Village Clerk upon payment of the fees as set forth in § 130-5 hereof.
B. 
Such license shall cover the licensee as well as all the employees of such licensee. Each vehicle that performs work in the village requires a license.
C. 
No license shall be issued to a person if a prior license issued hereunder to such person, or to a firm, partnership or corporation of which such person was a principal, was revoked, except upon good cause shown by such person at a hearing before the Board of Trustees, when requested by such person.
D. 
The applicant for a license hereunder may apply for a conditional license restricting the use of leaf blowers to electric or battery-operated leaf blowers only in consideration for a 25% reduction of the applicable licensing fee. In the event that a licensee elects to obtain the conditional license and utilizes a non-electric or battery-operated leaf blower, it shall be deemed a violation of this article.
A gardener's license shall be issued as of the date of granting of the same, and shall expire on March 31 of the next ensuing year unless the same is sooner revoked as herein provided.
[Amended 3-8-1993 by L.L. No. 1-1993]
A. 
Fees. The fees for a gardener's license shall be as set forth, from time to time, by resolution of the Board of Trustees. [1]
[Amended 2-9-1998 by L.L. No. 1-1998]
[1]
Editor's Note: The current fee schedule is on file in the Village offices.
B. 
Insurance. Each gardener who has a village permit must maintain liability insurance in the sum of $100,000 per person and $250,000 per occurrence.
Any license issued hereunder may be suspended or revoked by the Board of Trustees if the holder thereof or any of his employees shall have violated any provision of this article or any rule or regulation adopted hereunder, after a hearing before said Board of Trustees on 10 days' written notice to the licensee by certified mail.
The following regulations shall be observed by all licensees and their employees.
A. 
No licensee or employee of a licensee shall do or perform or cause, suffer or permit any of the following acts:
(1) 
Operate any power or manual lawn mower, other power equipment or blowers or perform any gardening earlier than 8:00 a.m. on weekdays and earlier than 9:00 a.m. on Saturday or holidays.
[Amended 4-14-1997 by L.L. No. 4-1997; 3-8-2004 by L.L. No. 1-2004; 8-8-2005 by L.L. No. 1-2005]
(2) 
Burn any waste paper, rubbish, leaves, cuttings, wood or other waste materials except by written permission of the Mayor or Village Clerk, under such conditions as may be imposed by such permit.
(3) 
Place any garbage, refuse cuttings, leaves, wood or other materials upon any public highway, public place or private property.
(4) 
Scatter any garbage, refuse, cuttings, leaves or other waste materials from the custody of such persons to any public highway, public place or private property.
(5) 
Operate any power or manual lawn mower, other power equipment or blowers or perform any gardening, other than planting, on weekends, from June 1 through the second weekend in September, including Memorial Day, July 4th, Labor Day and all legal holidays throughout the year.
[Added 3-8-2004 by L.L. No. 1-2004; amended 8-8-2005 by L.L. No. 1-2005]
B. 
Clippings and cuttings shall be hand swept and carried away in the gardener's vehicle for disposal.
[Amended 4-14-1997 by L.L. No. 4-1997; 3-8-2004 by L.L. No. 1-2004]
C. 
The gardener's license shall be maintained by the licensee or his designee on the job site and shall be displayed upon request. Annual decals supplied at time of licensing shall be displayed on the driver's side of each vehicle licensed.
[Amended 3-8-2004 by L.L. No. 1-2004]
[Amended 2-9-1998 by L.L. No. 1-1998]
Every person convicted of a violation of any of the provisions of this article shall be punished by and subject to a fine of not more than $500 or imprisonment not to exceed 15 days, or both, for such violation.
At any time during the month of March of each current year, the holder of a then valid current and unsuspended license may apply for the renewal and reissue of such license. No renewal or reissue of license will be made if, at the time of application, therefor said license is under a suspension, except upon good cause shown by such Licensee after a hearing before the Board of Trustees.