[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck 1-8-2002 by L.L. No. 1-2002 (Ch. 122 of the 1976 Code). Amendments
noted where applicable.]
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:
The Board of Trustees of the Village.
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.
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.
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:
The removal of litter, dirt, debris, rubbish,
or other refuse or waste by the Village Sanitation Department.
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.
An individual, firm, corporation, or other entity which performs
commercial landscaping services.
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.
The Village of Great Neck.
A.
It shall be unlawful for any person to engage in or
practice the trade or business of commercial landscaping within the
Village without having first registered with the Village pursuant
to the requirements of this chapter.
B.
Commercial landscaping may be performed without registering
with the Village by:
(1)
The owner, lessee, or occupant of the property on
which the work is being performed.
(2)
An employee of the owner, lessee, or occupant of the
property on which the work is being performed, provided that such
employee does not provide commercial landscaping for more than two
properties within the Village within any one calendar year, and such
employee has no employees of his or her own who are performing commercial
landscaping within the Village. The term "employee" as used herein
is limited to persons who are treated by the owner, lessee, or occupant
as an employee pursuant to all New York State and federal labor and
income tax laws.
(3)
A person who is less than 21 years of age and who
is performing the commercial landscaping for his or her own account
and not as an employee of another person or entity, provided that
such person does not perform commercial landscaping for more than
four properties within the Village within any one calendar year, and
such person has no employees of his or her own who are performing
commercial landscaping within the Village.
A.
Any landscaper desiring to register as required by
this chapter shall make application on forms to be furnished by the
Village Clerk.
B.
Each applicant for registration shall pay a nonrefundable
filing fee with the application. Such fee shall be in such amount
as shall be prescribed from time to time by the Board of Trustees.
[Amended 12-16-2003 by L.L. No. 17-2003]
C.
All registrations pursuant to this chapter shall expire
on the last day of December in the year in which they have been issued.
Registration may be renewed upon the filing of a renewal application
and a payment of an annual fee in such amount as shall be prescribed
from time to time by the Board of Trustees.
[Amended 12-16-2003 by L.L. No. 17-2003]
D.
Persons registered pursuant to this chapter shall,
at all times, keep a copy of such registration on his person and/or
at the site at which such person is rendering any commercial landscaping
and shall immediately produce such copy for inspection by any person
lawfully requesting the production of the same, including but not
limited to any peace or police officer and any inspector, official,
officer, or employee of the Village or other government agency or
authority.
E.
The Village shall provide a vehicle permit decal to
be firmly affixed on every truck, dump truck, van, or other motor
vehicle and every trailer, container, or other towable device owned,
leased, or otherwise used by any person engaged in commercial landscaping
at all times when such vehicle or device is located within the Village
in the course of providing commercial landscaping services.
A.
No landscaper or other person shall individually,
or cause or permit any other person who is providing commercial landscaping
services for them or who is otherwise within their employ or control
to:
(1)
Blow, rake, place, spill, dump, or otherwise deposit,
any leaves, grass, garbage, refuse, cuttings, wood, oil, pesticides,
or other materials or debris from one property onto any public property,
including, but not limited to, streets, sidewalks and rights-of-way,
or the private property of another person, without such other person's
permission. In any prosecution for a violation of this provision,
it shall be an affirmative defense that such other person gave the
alleged offender permission to blow, rake, place, spill, dump, or
otherwise deposit such material or debris on such other person's property.
(2)
Remove leaves, clippings, or other yard waste in a
truck, dump truck, van, or other motor vehicle, trailer, container,
or other towable device without securing a tarpaulin or other cover
to prevent spillage.
(3)
Spill or dump any oil, gasoline, or other petroleum
products within the Village.
(4)
Fill or refill any machinery or equipment with any
fuel or lubricant except over a drop cloth or other device designed
to catch and retain any accidental spillage.
(5)
Remove, destroy, or alter the habitat of any tree in violation of Chapter 528, Trees and Shrubs.
(6)
Spray trees, plants, or other foliage or otherwise
apply pesticides or fertilizers on a Saturday, Sunday, or public holiday.
(7)
Perform any commercial landscaping on Saturdays, Sundays,
or legal holidays, nor before before 8:00 a.m. nor later than 7:00
p.m. on weekdays.
[Amended 1-19-2021 by L.L. No. 1-2021]
(8)
Operate a lawn mower or any other gardening equipment
which is powered by an internal-combustion engine or by an electrical
motor other than between the hours of 8:00 a.m. and 7:00 p.m. on weekdays
(i.e., Mondays through Fridays, excluding holidays).
[Amended 1-19-2021 by L.L. No. 1-2021]
(9)
Operate any leaf blower during the period from June
15 through and including September 15. As used in this subsection,
"leaf blower" shall be defined to include any device powered by a
gasoline, diesel, or similar fuel engine which is used, designed,
or operated to produce a current of air for the purpose of pushing,
propelling or blowing leaves, dirt, gardening and grass clippings
and cuttings, refuse or debris.
(10)
Operate any equipment which emits noise which to a reasonable person of normal sensitivities would be deemed unusually loud to the extent of impairing his or her reasonable use of his or her property, nor otherwise violate Chapter 391, Noise.
(11)
Operate any equipment which emits excessive fumes.
(12)
Burn any wastepaper, rubbish, leaves, cuttings, wood,
or other waste materials.
(13)
Apply or spray pesticides or fertilizers that have
not been approved as to type, quantity, and manner of application
by the appropriate federal, state, and/or local agencies.
B.
All commercial landscaping shall be performed in accordance
with the laws, ordinances, rules, and regulations of the United States,
the State of New York, the County of Nassau, and the Village.
A.
Whenever it shall appear, to the satisfaction of the
Village Clerk, that there has been any false statement, or any misrepresentation
as to a material fact in the application on which the registration
was based, or that any registration has been issued in error, or that
there has been a material failure to comply with any statute, ordinance,
rule, or regulation, or with any condition upon which the registration
was granted, or that the further use of the registration or the exercise
of the privilege thereunder could cause or tend to cause injury, damage,
or unreasonable annoyance to a reasonable person of normal sensitivities,
or to property within the Village, the Village Clerk may, upon not
less than five days' notice by certified mail, return receipt requested,
suspend such registration for a period not to exceed 30 days, without
refunding any portion of the registration fee, but shall report the
facts and circumstances to the Board at its next regular meeting.
B.
Thereupon, the Board may, in its discretion, forthwith
and upon not less than five days' notice by certified mail, return
receipt requested, revoke said registration or continue the suspension
of such registration for such period of time as the Board may determine.
C.
The Board may require the registrant to appear before
the Board and show cause why the registration should not be permanently
revoked, and the failure of the registrant to appear at the time and
place appointed shall, without more, be deemed adequate grounds for
the permanent revocation of the registration.
D.
The registrant shall have the right, upon application,
to appear and be heard before the Board and present such proof as
he or she may deem appropriate in respect to any such matter as to
why such registration should not be suspended or revoked.
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.
