This chapter and all of its provisions shall
be known and may be cited as the "Landscape Gardening Control Law
of the Village of New Hyde Park."
It is the finding of the Board of Trustees that
the provisions of this chapter are necessary and desirable to regulate
and control the enterprise of commercial landscape gardening and to
generally regulate certain landscaping, gardening or groundskeeping
activities and services which pose a potential or actual risk of noise,
odors or other nuisance or which might otherwise impair or disturb
the public health, safety, peace, welfare and good order of the community.
It is the intention of this chapter to license certain persons engaged
routinely in the trade or occupation of commercial landscape gardening
and to limit, regulate or prohibit related activities by any person
which, if left unregulated, would tend to create or encourage public
or private nuisances, noise or other environmental pollution or disturbance
of the public peace and order.
For purposes of this chapter, the following
words and phrases shall have the meanings ascribed:
COMMERCIAL LANDSCAPE GARDENING
The business or trade of rendering any landscaping, gardening
or groundskeeping services, as defined herein, either as principal
independent contractor or through an agent or employee, for a fee,
charge or other compensation, to or for the benefit of any owner,
tenant or occupant of lands, grounds or buildings.
GARDENING
The tilling, sowing, cultivation, trimming, fertilization,
pruning, cutting, shaping, treatment, spraying or other maintenance
and care of any lawn, tree, flower, sod, shrub, bush, plant or other
flora on any lot, plot or parcel of land.
GROUNDSKEEPING
The cleaning of any lot, plot or parcel of land by means
of gathering and removing weeds or any fallen, diseased, dead or discarded
tree limbs, branches, brush, leaves, grass or lawn clippings, fruit
or flower waste or other plant waste and any litter, dirt, debris,
rubbish or other refuse or waste present or engendered on or about
the premises.
LANDSCAPING
The planting, arranging, placing or removal of any lawns,
sod, trees, flowers, shrubs, bushes or other flora on any lot, plot
or parcel of land for a planned design or purpose or to achieve some
aesthetic effect.
Every person desiring to procure a license and/or accessory vehicle permit required by this chapter or who is required to file a copy of a reciprocal license as required by §
111-4C of this chapter shall file written application and copies of all other necessary documents and shall pay all fees and charges therefor with the Village Clerk in accordance with the provisions of Local Law No. 5-1981 (Chapter
114 of the Code of the Village of New Hyde Park).
No person, whether or not licensed, required
to be licensed or otherwise exempt from licensure under the provisions
of this chapter, shall:
A. Commence or continue the performance of any landscaping,
gardening or groundskeeping services between the hours of 8:00 p.m.
and 7:00 a.m., prevailing time. Performance of any such services are
prohibited on Sundays and holidays.
[Amended 5-16-2017 by L.L. No. 1-2017]
B. Use any gas, diesel, electric or other machine or
device which emits noise and fumes in the performance of any landscaping,
gardening or groundskeeping services unless such device is affixed
with a muffler and exhaust emissions control device manufactured and
originally installed on such machine or device by the manufacturer
or distributor of such equipment.
C. Use any air blower or similar device to move, scatter,
gather, disperse or place any dirt, soil, plant waste, lawn or grass
clippings, litter, debris or other refuse of any kind in, on or upon
any public street, sidewalk or other public place or in or upon the
private lands or private property of any person without the prior
authorization and consent of the governing authority or the owner
of such public street, sidewalk or public place or the owner of such
private lands or property; and in any such event, all such materials
shall immediately be gathered and placed in sealed receptacles designed
and intended to hold the same and removed and disposed of at the cost
and expense of the person performing such service or activity.
[Added 11-16-1999 by L.L. No. 4-1999]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a petty offense. Each such offense is hereby designated a violation as defined in Article IIA of Chapter
1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections
B and
F of §
1-27 of that article; provided, however, that in addition to, but not in lieu of, any fine or term of imprisonment which may be imposed in the sentence for such offense, the court may order, as part of such sentence, either the immediate revocation or the immediate suspension for a period of up to six months of any current Village license and/or permit issued, in accordance with the requirements of this chapter, to any defendant standing convicted of a third or subsequent offense.