[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Estates 11-13-1989 by L.L. No. 8-1989 (Ch. 76 of the 1981 Code). Amendments noted where applicable.]
Editor's Note: This local law provided that it take effect January 1, 1990.
[Amended 5-12-2003 by L.L. No. 1-2003]
Except as provided herein, all persons, companies or corporations, collectively referred to as "landscaper," who perform any gardening or landscaping functions in the Village of Great Neck Estates shall be licensed in accordance with this chapter. Landscaping functions may be performed without a license by the owner or occupant of property on which the work is being performed, or by the agent or employee of such owner or occupant.
For purposes of this chapter, a "landscaping function" shall include but is not limited to the cultivation, fertilization, seeding, planting, cutting, trimming, pruning or maintenance of grass, shrubs, plants, trees or other foliage.
No landscaper shall perform any landscaping function within the Village without first obtaining a license to do so from the Village. All landscaping work by an unlicensed landscaper is hereby prohibited. No property owner or occupant shall cause or permit any unlicensed landscaper to perform any landscaping function on his or her property. Licenses shall be obtained by the proprietor or corporate officer of the landscaping business.
Any landscaper desiring a license required by this chapter shall make application on forms prescribed by the Village Clerk.
Each applicant for a license shall pay a nonrefundable filing fee with the application. A license fee shall be paid upon issuance of the license. The application filing fee and license fee shall be as set forth in Chapter 109, Fees.
All licenses issued pursuant to this chapter shall expire on the last day of December in the year in which they have been issued. Licenses may be renewed upon payment of an annual fee, as set forth in Chapter 109, Fees, before February 1 of the next year. If the licensee fails to make proper timely application for renewal, he shall be required to reapply and pay the additional license fee, as described in § 136-5.
The following rules and regulations shall apply, in addition to all other applicable laws:
No licensee shall cause or permit anyone to blow or rake leaves, grass or other debris onto the public highway or right-of-way or onto adjoining property. As a precondition to the issuance of a license, a landscaper will be required to furnish proof that he, she or it has a permit to deposit leaves, grass clippings and other debris at a duly licensed depository.
No licensee shall cause or permit anyone to spill or dump oil, gasoline or other petroleum products or any pesticides on the public highway or right-of-way or anywhere 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 work shall be performed in accordance with the laws, ordinances and rules and regulations of the United States, New York State, Nassau County and the Village. Every applicant for a license shall review the applicable laws, ordinances, rules and regulations and shall so state that the applicant and all of its employees are familiar with such prior to the issuance of any license.
The Board of Trustees may promulgate or amend, by resolution, such additional rules and regulations as it deems necessary to further the purposes of this chapter.
Each and every violation of any provision of this chapter or of any of the rules and regulations promulgated hereunder shall be punishable as provided by law.
In addition to the penalties set forth in § 136-8, the Board of Trustees may revoke or suspend any license issued pursuant to this chapter after notice to the licensee and a reasonable opportunity for the licensee to be heard. The Board of Trustees may take such action if, in its discretion, such action is warranted due to the licensee's deliberate or willful disregard of the standards imposed by this chapter or by any other village, county, state or federal law, or due to two or more violations of this chapter or any other law.
Each vehicle used for landscaping functions in the Village shall prominently display a decal provided by the Village. The fee for each such decal shall be established by the Board of Trustees.
Any review of the revocation of any license shall be pursuant to Article 78 of the Civil Practice Law and Rules.