A.
Required. In addition to any other requirements of this chapter for the removal of trees and/or conducting arboriculture or landscaping activities, all commercial tree cutting, pruning or removal service businesses are required to obtain a license from the Village of Scarsdale before providing such services within the Village of Scarsdale. No person or entity shall engage in the business of tree cutting, pruning or removal, individually as a hired employee of a property owner or occupant, or as an independent contractor of a property owner or occupant, or as an employee or subcontractor of an independent contractor providing such services, without first obtaining a license as required by this article. For purposes of this section, "pruning" shall mean cutting any part of a tree connected directly or indirectly to the trunk at a height greater than 10 feet above grade.
B.
Application. Applications for a commercial tree license shall be made by the owner or authorized representative of the tree service business on forms provided by and filed with the Superintendent of Public Works. The applicant shall provide such information as may be necessary to establish the qualifications of the applicant.
C.
Issuance; decals. The Superintendent of Public Works, upon satisfaction that the application is complete and all fees paid, shall issue a license therefor; otherwise, the Superintendent of Public Works shall deny the application. One identification decal shall be issued with each license at no charge. Any additional decals shall be issued for an additional fee. Decals shall be prominently displayed upon any vehicle regularly used in the course of business and the license shall be in the actual possession of the person performing the commercial tree removal service at the time of performing such work. Notwithstanding anything herein to the contrary, no license may be issued to any person or business during the period in which their license is suspended or revoked per Subsection J below, and this prohibition shall also apply to any subsidiary or successor in interest of a person or entity which has had its license revoked, and to any business in which a person or entity has an interest in. For the purposes of this Subsection, "interest" shall mean any entity which a person or entity has a 10% or more ownership interest in.
D.
Insurance; contractor's license. Commercial tree removal service businesses must provide proof to the Superintendent of Public Works that the business complies with the insurance requirements to be set from time to time by the Superintendent of Public Works. Commercial tree removal service businesses must provide proof to the Superintendent of Public Works of a valid Westchester County Home Improvement Contractor's License as required by § 863.313 of the Westchester County Code of Ordinances.
E.
Term; renewal. Licenses shall be issued annually and expire on December 31st of each year. Licenses shall be renewed prior to the expiration on such form prescribed by the Superintendent of Public Works.
F.
Fee; expiration. The fee for the license, including any renewals thereof, and the decals required by this article shall be established by resolution of the Board of Trustees.
G.
Hours of operation. Activities regulated by this article shall comply with Chapter 205, Noise, at all times, however, notwithstanding Chapter 205, it shall be a violation of this article for any activities subject to a license under this article to be performed before 8:00 a.m. or after 6:00 p.m., Monday through Friday, or at any time on a Saturday, Sunday, or legal holiday. All motorized equipment used in connection with landscaping or tree removal activities shall be operated with a muffler. However, the Superintendent of Public Works may, in their sole discretion, suspend this Subsection G for a period of seven days after a significant storm event or other emergency circumstance. The Superintendent of Public Works may extend the seven-day period by issuing an official notification if, in their sole discretion, such additional time is deemed necessary.
H.
Directory. A list of all licensed commercial tree services shall be available to the public posted on the Village's website.
I.
Tree debris. All tree debris shall be removed by the end of each day. Commercial tree removal service businesses are prohibited from placing tree debris in any highway or other public place within the Village.
J.
Enforcement; penalties; suspension or revocation.
(1)
Sworn officers of the Scarsdale Police Department, the Building Inspector or Deputy, and/or Code Enforcement Officers are hereby empowered to and authorized to enforce and exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article such as the issuance of notices of violation and/or appearance tickets to any person or entity who violates any provision of this article. Any person or entity, or employee or agent thereof, who engages in commercial tree cutting, pruning or removal service business in the Village of Scarsdale shall produce their license upon request by any sworn officer of the Scarsdale Police Department, the Building Inspector or Deputy, and/or Code Enforcement Officers. Any person failing to produce a valid license upon request shall be presumed to have violated this article.
(2)
Penalties: Any person or entity who violates any provision of this article shall be guilty of a violation, and each instance of unlicensed tree cutting, pruning, or removal, failure to install the decals required by Subsection C, and/or failure to abide by the hours of operation set forth in Subsection G, shall be a separate and distinct offense. A person convicted of violating this article shall be subject to a fine not less than $750 or more than $2,000 for the first violation. A business or corporate entity convicted of violating this article shall be subject to a fine not less than $1,500 or more than $4,000 for a first offense. A person convicted of a subsequent violation of this article within one year of a previous conviction shall be subject to a fine not less than $1,000 or more than $5,000. A business or corporate entity convicted of a subsequent offense within one year of a previous violation shall be subject to a fine not less than $2,000 or more than $10,000.
(3)
Suspension or revocation.
(a)
Any license granted pursuant to this article may be suspended or revoked by the licensing officer, as designated pursuant to this article, after a public hearing to be held before the Village Manger for the following reasons:
(b)
Any person or persons, jointly or severally aggrieved by any decision of the Village Manager to suspend or revoke a license, may apply to the supreme court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision in the office of the Village Manager.