This chapter and all of its provisions shall
be known and may be cited as the "Landscape Gardening Control Law
of the Village of Great Neck."
It is the finding of the Board of Trustees that
the provisions of this chapter are necessary and desirable to regulate
and control commercial landscape gardening activities which pose a
potential or actual risk of noise, odors, or other nuisances or which
might otherwise impair or disturb the public health, safety, peace,
welfare, and good order of the community. The purpose of this chapter
is to register certain persons engaged routinely in commercial landscape
gardening and to limit, regulate, or prohibit related activities which,
if left unregulated, may tend to create or encourage 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:
BOARD
The Board of Trustees of the Village.
COMMERCIAL LANDSCAPING
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 lot the benefit of any owner,
tenant, or occupant of lands, grounds, or buildings.
GARDENING
The tilling, sowing; cultivating, trimming, fertilizing,
pruning, cutting, shaping, treating, spraying, or otherwise maintaining
and/or providing care for any lawn, sod, tree, flower, 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/or 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. Groundskeeping does not include:
A.
The removal of litter, dirt, debris, rubbish,
or other refuse or waste by the Village Sanitation Department.
B.
The removal of litter, dirt, debris, rubbish,
or other refuse or waste by a commercial refuse carter which is not
performing any other commercial landscaping services to or for the
benefit of the owner, tenant, or occupant of the lands, grounds, or
buildings from which the removal is taking place.
LANDSCAPER
An individual, firm, corporation, or other entity which performs
commercial landscaping services.
LANDSCAPING
The planting, transplanting, arranging, placing, and/or removal
of any lawns, sod, trees, flowers, shrubs, bushes, plants, 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 convicted of a violation of this
chapter shall for a first conviction thereof be punished by a fine
of not more than $250; for a conviction of a second violation, both
of which were committed within a period of 24 months, such person
shall be punished by a fine of not more than $500; upon a conviction
of a third or subsequent violation, all of which were committed within
a period of 24 months, such person shall be punished by a fine of
not more than $1,000. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued,
a separate and distinct offense hereunder.