[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bellerose 6-25-2001 by L.L. No. 1-2001.
Amendments noted where applicable.]
No person shall perform any landscaping functions in the Village of
Bellerose (the "Village") without a license obtained from the Board of Trustees
of the Village in accordance with this chapter. Landscaping functions, however,
may be performed without a license by the owner or occupant of the property
on which the work is performed.
The landscaping functions referred to herein shall include but are not
limited to the cutting and maintenance of grass, the trimming, pruning, planting
and maintenance of shrubs, plants, trees or other foliage, the application
of chemicals and fertilizers and the removal of trees and/or tree stumps.
A person who engages in such landscaping functions in the Village shall hereinafter
be referred to as a "landscaper."
No landscaper shall perform any landscaping functions within the Village
without first obtaining a license to do so from the Board of Trustees. Landscaping
work by an unlicensed landscaper is prohibited. No property owner or occupant
shall permit any unlicensed landscaper to perform any landscaping function
on his or her property. Licenses shall be obtained by the proprietor of the
landscape business or by an officer thereof.
Any landscaper desiring a license in accordance with this chapter shall
make application on forms prescribed by the Board of Trustees or its designees.
Such application shall include proof of comprehensive liability and property
damage insurance in an amount to be established by the Board of Trustees by
duly adopted resolution.
Each applicant for a license shall pay to the Village Clerk a nonrefundable
application fee with the application and, if approved, a license fee in amounts
to be established by duly adopted resolution of the Board of Trustees.
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 renewal fee in an amount to be established by duly adopted resolution of the Village Board. Said renewal fee must be paid before the first day of March of the next year. If the licensee fails to make proper, timely application for renewal, he or she shall be required to reapply and pay the additional license application fee and license renewal fee as set forth in § 130-5.
A.
Each licensee shall affix to and display on the left
front fender of each vehicle and on the left rear fender of any trailer regularly
used in the course of its business an identification decal issued by the Village
Clerk.
B.
Additional decals for vehicles and/or trailers registered
to the licensee and used for the purposes as described under this chapter
may be obtained from the Village Clerk for a fee in an amount to be established
by a duly adopted resolution of the Village Board.
The following rules and regulations shall apply:
A.
No persons shall engage in the application of pesticides
and insecticides unless such person has in his possession a certificate, duly
issued by the New York State Department of Environmental Control, authorizing
such person to engage in such activity.
B.
Application of pesticides and insecticides by anyone
by means of engine-powered spraying or dusting devices shall not take place
prior to 9:00 a.m. on any day that landscaping work is permitted.
C.
Landscaping work may be performed by landscapers or occupants
only during the hours of 8:00 a.m. through 7:30 p.m., Monday through Friday;
Saturdays from 9:00 a.m. through 7:00 p.m.; and Sundays from 11:00 a.m. through
5:00 p.m.
D.
No landscaper shall scatter nor, in using any mechanical
or electrical blower, cause to be scattered, any garbage, refuse, cuttings,
leaves or other waste materials on any public street, road, sewer, storm drain
or public or neighboring property without removing and/or cleaning the same
immediately.
E.
No one shall spill or release 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 device designed to catch and retain an accidental spillage.
F.
All vehicles and trailers are to be properly parked at
a minimum of 30 feet from the corner of an 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.
Each and every violation of any provision of this chapter or any conditions
imposed by the Board of Trustees in connection with the issuance of the license
shall be punishable by a mandatory minimum fine of not less than $100 for
each and every separate offense relating to a violation to this chapter.
In addition to the penalties set forth in § 130-9 of this chapter, the Board of Trustees may revoke or suspend any license issued pursuant to this chapter for good cause shown after five days' 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.
