[HISTORY: Adopted by the Town Board of the
Town of Babylon 9-17-2002 by L.L. No. 27-2002. Amendments noted
where applicable.]
No person shall perform any landscaping functions
in the Town of Babylon without a license obtained from the Town Clerk
in accordance with this chapter. Landscaping functions, however, may
be performed without a license by the owner or occupant of the property
on which the work is performed.
The landscaping functions referred to herein
shall include but are not limited to the cutting and maintenance of
grass, the trimming, pruning and maintenance of shrubs, plants, trees
or other foliage, the spraying of chemicals, including the application
of pesticides, and the removal of trees and/or tree stumps. A person
who engages in such landscaping functions in the Town of Babylon shall
hereinafter be referred to as a "landscaper."
A.
No landscaper shall perform any landscaping functions
within the Town of Babylon without first obtaining a license to do
so from the Town 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.
B.
Licenses shall be obtained by the proprietor of the
landscape business or by a corporate officer.
[Amended 5-14-2008 by L.L. No. 14-2008]
Any landscaper desiring a license in accordance
with this chapter shall make application on forms prescribed by the
Town Clerk of the Town of Babylon or its designees. Such application
shall include proof of comprehensive liability and property insurance
in an amount of $1,000,000 personal injury/$2,000,000 aggregate and
$50,000 property damage. Such application shall also include proof
of Worker's Compensation and disability insurance in amounts in compliance
with state law. Such application shall also provide the office address
of the landscaping business, the address where the vehicles and equipment
are being stored and proof that the property contains the necessary
permits and approvals if trucks are stored within the Town of Babylon.
[Amended 4-13-2004 by L.L. No. 8-2004; 1-2-2020 by L.L. No. 5-2020]
The Town Clerk may establish a schedule of fees,
to be collected for services rendered in connection with the work
of her department and administration of this chapter and for which
she deems it necessary to charge and collect a fee. Landscapers may
provide services in the form of contracting with the Town of Babylon
in a form acceptable to the Town Attorney to "adopt-a-spot" in lieu
of paying the license fee and/or renewal fee.
[Amended 3-19-2008 by L.L. No. 6-2008]
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 renewal fee in an amount of $150. Said renewal fee must be paid before the first day of January of each year. If the licensee fails to make proper, timely application for renewal, he or she shall be required to pay the renewal fee, plus a penalty fee of $150 as set forth in § 144-5 upon the issuance of the renewed license.
The following rules and regulations shall apply:
A.
No person shall engage in the application of pesticides
unless that person has in his possession his certificate and possesses
a valid pesticide business registration and displays vehicle triangles,
duly issued by the New York State Department of Environmental Control,
authorizing him to engage in such activity.
B.
Application of pesticides and insecticides by anyone
by means of engine-powered spraying or dusting devices shall not take
place prior to 8:00 a.m. on any day that landscaping work is permitted.
C.
Landscaping work may be performed by landscapers only
during the hours of 8:00 a.m. through 7:30 p.m. Monday through Saturday
and 11:00 a.m. through 5:00 p.m. on Sundays.
D.
No landscaper shall scatter, nor in using any mechanical
or electrical blower, cause to be scattered, any garbage, refuse,
cuttings, leaves or other waste materials on any public street, road
or public property without removing and/or cleaning the same immediately;
nor shall any of such material be allowed to enter any storm drains,
canals, rivers or other waterways.
E.
No one shall spill or dump oil, gasoline or other
petroleum products or any pesticides on a public street, road or 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.
F.
All vehicles and trailers are to be properly parked
at a minimum of 30 feet from the corner of any intersection. Hazard
warning cones are to be placed at the front and rear of any landscaping
vehicles and/or trailers that are parked in or alongside the roadway.
G.
All commercial vehicles used in connection with the
landscaping business shall be clearly marked in two-inch letters with
the name of the company and the origin of the vehicle and include
a decal, which shall include the appropriate year, issued by the Town
Clerk.
[Amended 4-13-2004 by L.L. No. 8-2004]
H.
No landscaper shall conduct business in the Town of
Babylon unless that business has a current valid compliance agreement
with the New York State Department of Agriculture and Markets to work
within areas of the Asian Longhorned Beetle Quarantine.
[Added 6-25-2008 by L.L. No. 16-2008]
In addition to the penalties set forth in § 144-8, the Town Board may revoke or suspend any license issued pursuant to this chapter for good cause shown after notice to the licensee and a public hearing.
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.
This chapter shall take effect January 1, 2003.
