Village of East Rockaway, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway 3-12-1979 as L.L. No. 5-1978. Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have the following meanings:
GARDENER
Includes any person who engages in the tending, maintaining, managing, creating or laying out of lawns, gardens, flower beds, shrubbery, trees or landscaping of every nature and description on other than his own property.
PERSON
Includes any individual, firm, partnership or corporation.
PRIVATE PROPERTY
Includes all real property, improved or unimproved, owned by any municipal corporation, corporation person, partnership, firm, association or otherwise which is not a public highway or a public place.
PUBLIC HIGHWAY
Includes any street open to the public for its full width from property line to property line, including the sidewalk area, whether or not installed.
PUBLIC PLACE
Includes any real property available to or open to use by all or a majority of the property owners or residents of the Village of East Rockaway.
[Amended 8-10-1987 by L.L. No. 4-1987]
It shall be unlawful for any person to perform as a gardener in the territorial limits of the Village of East Rockaway, unless he shall have first obtained and shall have then in force a gardener's license as hereinafter provided and as provided in Chapter 187, Licenses and Permits.
A. 
Every person who desires to perform as a gardener in the Village of East Rockaway may apply to the Village Clerk for a license on forms to be furnished by the Village Clerk. Such license shall be granted by the Village Clerk upon payment of the fees as set forth in § 165-8 hereof.
B. 
Such license shall cover the licensee as well as all the employees of such licensee.
No license shall be issued to a person if a prior license issued hereunder to such person, or to a firm, partnership or corporation of which such person was a principal, was revoked, except upon good cause shown by such person at a hearing before the Board of Trustees, when requested by such person.
[Amended 3-11-2019 by L.L. No. 2-2019]
The Village Clerk shall issue a license for such vehicle. The license shall be permanently displayed on the left side of the licensed vehicle.
Elementary and high-school students shall be exempt from the provisions of §§ 165-3 through 165-5 of this chapter.
A gardener's license shall be issued as of the date of granting of the same and shall expire on the last day of February of the year next ensuing unless the same is sooner revoked, as herein provided.
[Amended 8-10-1987 by L.L. No. 4-1987; 7-12-1999 by L.L. No. 3-1999]
The fees to be charged under the provisions of this chapter shall be determined from time to time by resolution of the Board of Trustees.
Any license issued hereunder may be suspended or revoked by the Board of Trustees if the holder thereof or any of his employees shall have violated any provision of this chapter or any local law of the Village of East Rockaway, after a hearing before said Board of Trustees on 10 days' written notice to the licensee by certified mail.
The following regulations shall be observed by all licensees and their employees:
A. 
No licensee or employee of a licensee shall do or perform or cause, suffer or permit any of the following acts:
(1) 
Operate any power or manual lawn mower or other power equipment:
[Amended 3-11-2019 by L.L. No. 2-2019]
(a) 
Earlier than 8:00 a.m. or later than 6:00 p.m. on weekdays.
(b) 
Earlier than 9:00 a.m. or later than 5:00 p.m. on Saturdays.
(c) 
Any time on Sundays and legal holidays.
(2) 
The placement of any garbage, refuse, cuttings, leaves, wood or other materials upon any public highway, public place or private property.
(3) 
The scattering of any garbage, refuse, cuttings, leaves or other waste materials from the custody of such persons to any public highway, public place or private property.
B. 
The gardener's license shall be maintained by the licensee or his designee on the job site and shall be displayed upon request.
At any time during the month of March of each current year, the holder of a then-valid current and unsuspended license may apply for the renewal and reissue of such license. No renewal or reissue of license will be made if, at the time of application therefor, said license is under a suspension, except upon good cause shown by such licensee after a hearing before the Board of Trustees.
[Amended 8-10-1987 by L.L. No. 4-1987]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. 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.