[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon 10-11-2005 by L.L. No. 2-2005. Amendments noted where
applicable.]
Except as provided herein, all persons, companies
or corporations (collectively referred to as "landscaper") who perform
any landscaping functions in the Village of Babylon shall be licensed
in accordance with this chapter. An exception to this requirement
will apply to those not using a vehicle and/or trailer to transport
landscaping equipment to and from job locations. Landscaping functions
may be performed without a license by the owner or occupant of the
property on which the work is performed. Fee is to be set by the Board
of Trustees, and may be changed from time to time by resolution. Licenses
issued will expire on December 31 of each year.
[Amended 2-23-2016 by L.L. No. 3-2016]
For the purpose of this chapter, the landscaping
functions shall include but are not limited to the cultivation, seeding,
planting, cutting, trimming, pruning, and maintenance of grass, shrubs,
plants, trees or other foliage. Village-approved landscaping functions
shall not include the application of pesticides, insecticides, fungicides,
fertilizers, or rodenticides; applications of these items are governed
by New York State, and you must follow their laws and guidelines.
No landscaper shall perform any landscaping
functions within the Village of Babylon without first obtaining a
license to do so from the Village Clerk. 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. Licenses shall be obtained by the
proprietor of the landscape business or by a corporate officer.
[Amended 1-22-2008 by L.L. No. 2-2008]
A.
Any landscaper desiring a license by this chapter
shall make application on forms prescribed by the Village Clerk of
the Incorporated Village of Babylon or his or her designee.
B.
Pursuant to the New York State Workers' Compensation
Law, landscapers are required to submit proof of worker’s compensation
and disability insurance. If the business is not required to have
such insurance, a proper affidavit (form WC/DB100) stamped "Received"
by the Workers' Compensation Board must be submitted with the application.
Failure to maintain this coverage will result in the license issued
by the Office of the Village Clerk being null and void immediately
upon expiration or termination of the required insurance, without
further notice to the licensee.
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
fee.
Each applicant shall fix to and display on the
left front bumper of each vehicle and on the left rear bumper of any
trailer regularly used in the course of its business an identification
decal issued by the Village. Additional decals for additional vehicles
and/or trailers owned by and used by the same company may be purchased
for a fee to be set by the Board of Trustees.
The following rules and regulations shall apply:
A.
No landscaper shall perform landscaping work on Sunday.
B.
Landscaping work may be performed by landscapers only
during the hours of 8:00 a.m. through 8:00 p.m., Mondays through Saturdays.
C.
No licensee shall scatter, nor in using any mechanical
or electrical blower, cause to be scattered, any garbage, refuse or
cuttings, leaves or other waste materials on any public highway or
public property without removing and/or cleaning the same immediately.
Any fertilizers or lawn treatment substances must be swept off sidewalks,
driveways and curbs and not swept or blown into the street. No licensee
shall place any yard waste, debris, bags or containers at the curb/street
for trash pickup. All landscaping yard waste, debris, bag or containers
must be carried out by the licensee and be disposed of by licensee
in accordance with federal, state and local law.
[Amended 2-23-2016 by L.L. No. 3-2016; 6-22-2021 by L.L. No. 8-2021; 1-11-2022 by L.L. No. 2-2022]
D.
No one shall spill or dump oil, gasoline or other
petroleum products on the public 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.
[Amended 6-22-2021 by L.L. No. 8-2021]
Each and every violation of any provision of
this chapter or of any of the rules and regulations promulgated hereunder
shall be punishable by a mandatory minimum fine of not less than $250
for each and every separate offense relating to a violation of this
chapter.
In addition to the penalties set forth in this
chapter, the Village may revoke or suspend any license issued pursuant
to this chapter after notice to the licensee.
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.
The effective date of this license requirement
will be January 1, 2006.
