[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:
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.
Includes any individual, firm, partnership or corporation.
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.
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.
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or corporation of which such person was a principal, was revoked,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.
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:
(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.
