The Board of Trustees of the Village of East Hills hereby determines
that, to protect the public health, safety and welfare of the residents
of the Village of East Hills, the public interest requires registration
and licensing of gardeners and businesses involved with tree cutting,
pruning and removal services operating within the Village and controlling
of their activities, as they relate to the use of Village streets
and the cutting and removal of landscape materials from real property
within the Village.
As used in this chapter, the following words and phrases shall
have the following meanings:
GARDENER
Includes any person who engages, as a business, in the tending,
planting, preparation, installation, maintenance, spraying, managing,
mowing, creating or laying out of lawns, gardens, flowerbeds, vegetable
beds, shrubbery, trees or landscaping of every nature and description,
except work for tree cutting, pruning and removal, as defined in this
section, on real property on which such person does not reside; also
included is one who sprays trees, lawns and shrubs with pesticides.
LANDSCAPE MATERIAL
Includes grass clippings, prunings, leaves, tree branches,
trunks, stumps, roots, rocks, sand and any other natural indigenous
materials to gardens, lawns, shrubbery and trees.
PERSON
Includes any individual, association of individuals, firm,
partnership or corporation.
PRIVATE PROPERTY
Includes all real property, improved or unimproved, owned
by any person, association of persons, corporation, including municipal
corporations, or otherwise, which is not otherwise defined as a "public
highway" or "public place" herein.
PUBLIC HIGHWAY
Includes any street open to the public which has been accepted
for dedication by the Village of East Hills, or has been maintained
continuously by the Village in accordance with the provisions of the
Village Law of the State of New York, for its full width from property
line to property line, including the sidewalk area, if any, whether
or not the same shall have been installed.
PUBLIC PLACE
Includes any real property available to or open to use by
all residents of the Village of East Hills.
No gardener or business involved in tree cutting, pruning and
removal services, which operates a business for profit, shall conduct
any business, including cutting, pruning, and removing any trees or
removing landscape material of any kind from the premises of any person,
or cart or transport these materials through or on any street, avenue,
parkway or highway within the Village, unless he, she or it has first
obtained a permit to perform the services as a gardener and business
involved in tree cutting, pruning and removal services from the Village
Clerk and has agreed to conform to the provisions of this chapter,
except that no permit shall be required for any person engaged under
contract by the Village for the purpose of removing landscape material
or cutting, pruning and removing trees as part of an overall contract
with the Village to remove these materials of any kind from private
premises.
[Amended 3-27-2012 by L.L. No. 1-2012; 6-18-2012 by L.L. No. 2-2012]
A. The following are the restrictions on use of power gardening equipment
by a gardener:
(1) No gardener shall use power-operated equipment anytime on Monday
through Friday, except from 8:00 a.m. to 7:00 p.m.
(2) No gardener shall use power-operated equipment on Saturday, except
from 10:00 a.m. to 5:00 p.m., and no power-operated equipment shall
be used on Sundays and federal holidays.
B. The following are the restrictions on the use of power gardening
equipment by a resident:
(1) No resident shall use power-operated equipment anytime Monday through
Friday, except from 8:00 a.m. to 7:00 p.m.
(2) No resident shall use power-operated equipment on Saturdays, Sundays
and federal holidays except from 10:00 a.m. to 5:00 p.m.
C. The following are the restrictions on the use of power tree-cutting,
pruning, and tree-removal equipment by gardeners or tree removal and
pruning companies:
(1) No gardener or tree removal and pruning company shall operate any
power saw or other power equipment used for these purposes Monday
through Friday, except from 8:00 a.m. to 5:00 p.m. or sundown, whichever
is earlier.
(2) No gardener or tree removal and pruning company shall operate any
power saw or other power equipment used for these purposes on Saturdays,
Sundays and federal holidays.
D. The following are the restrictions on the use of power tree-cutting,
pruning, and tree-removal equipment by a resident:
(1) No resident shall operate any power saw or other power equipment
used for these purposes Monday through Friday, except from 8:00 a.m.
to 5:00 p.m. or sundown, whichever is earlier.
(2) No resident shall operate any power saw or other power equipment
used for these purposes on Saturdays, Sundays and federal holidays
except from 10:00 a.m. to 5:00 p.m.
E. Burning any landscape material is prohibited.
F. Placing any landscape material on any public highway or public place
is prohibited. Furthermore, it is unlawful for gardeners to leave
landscape material on any property not owned by their clients.
G. All landscape material collected by a gardener shall be removed by
the gardener from the Village and disposed of in an authorized manner
at an authorized disposal site.