[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst 3-1-2005 by L.L. No. 4-2005.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was adopted as
Ch. 130, but was renumbered to fit into the alphabetical organization
of the Code.
It is hereby declared and found that landscaping
work performed by employees and contractors on private property in
the Village of Lindenhurst is a matter affecting the public interest
and should be subject to supervision and administrative control for
the purpose of protecting the safety, welfare and health of the general
public. It is determined to be vitally important to the general public
that landscaping services be performed in a manner that does not detrimentally
impact the environment, disturb the peace and repose of others, create
unsightly conditions, or an accumulation of waste or debris in the
public or private areas of the Incorporated Village of Lindenhurst.
No person shall perform any landscaping functions in the Village of
Lindenhurst without a license obtained from the Village Administrator
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 and maintenance of shrubs, plants, trees
or other foliage, the spraying of chemicals, including the application
of pesticides, and the removal of trees and/or tree stumps. A person
who engages in such landscaping functions in the Village of Lindenhurst
shall hereinafter be referred to as a "landscaper."
A.
No landscaper shall perform any landscaping functions
within the Village of Lindenhurst without first obtaining a license
to do so from the Village Administrator. All 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.
B.
Licenses shall be obtained by the proprietor of the
landscape business, or by a corporate officer.
Any landscaper desiring a license in accordance
with this chapter shall make application on forms prescribed by the
Village Administrator of the Village of Lindenhurst or his or her
designee. Such application shall include proof of comprehensive liability
and property insurance in an amount of $1,000,000 personal injury/$2,000,000
aggregate and $50,000 property damage. Such application shall also
include proof of worker's compensation and disability insurance in
amounts in compliance with state law. Such application shall also
provide the office address of the landscaping business, the address
where the vehicles and equipment are being stored and proof that the
property contains the necessary permits and approvals if the vehicles
and equipment are stored within the Village of Lindenhurst.
Each applicant for a license shall pay a nonrefundable
application fee with the application in an amount established by resolution
of the Village Board of Trustees, from time to time. The applicant
shall also pay to the Village Administrator, or his or her designee,
upon the issuance of the license, a license fee in an amount to be
established by resolution of the Village Board of Trustees, from time
to time.
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 established by resolution of the Village Board of Trustees. Said renewal fee must be paid before the first day of February 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 as set forth in § 101-5 as a nonrefundable application fee with the application and the license fee referred to in § 101-5 upon the issuance of the license.
The following rules and regulations shall apply:
A.
No person shall engage in the application of pesticides
unless that person has in his or her possession his or her certificate
and possesses a valid pesticide business registration, and displays
vehicle triangles, duly issued by the New York State Department of
Environmental Control, authorizing his or her engagement 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 8:00 a.m. on any day that landscaping work is permitted.
C.
Landscaping work may be performed by landscapers only
during the hours of 8:00 a.m. through 7:30 p.m. Monday through Saturday
and 10:00 a.m. through 5:00 p.m. on Sundays.
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, sidewalk,
or other public property 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.
E.
No one 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.
F.
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.
G.
All commercial vehicles used in connection with the
landscaping business including trailers, shall be clearly marked in
letters two inches or greater in width and height, 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 Village Administrator.
Each applicant shall affix said decal to the left front fender of
each motor vehicle and the left rear fender of any trailer. The fee
for any decal shall be established by resolution of the Village Board
of Trustees.
H.
No grass clippings, branches, or any other landscaping
material shall be left at the curb before 7:00 p.m. the night before
the next scheduled Village yard waste pick-up day.
I.
All licensees must show proof that they have participated
in an Asian long-horned beetle training program and any other state-mandated
training curriculum.
Each and every violation of any provision of
this chapter or any of the rules and regulations promulgated hereunder
shall be punishable by a mandatory minimum fine of not less than $100
and maximum fine of not more than $1,000 for each and every separate
offense relating to a violation of this chapter.
In addition to the penalties set forth in § 101-8, the Village 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 on filing with
the Secretary of State.
