[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven 6-23-1993 by L.L. No. 5-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 35.
Licensed occupations — See Ch. 88.
Littering — See Ch. 90.
Refuse dispoal — See Ch. 118.
Trees — See Ch. 143.
As used in this chapter, the following words and phrases shall have the following meanings:
GARDENING or LANDSCAPING
The business of tending, planting, preparation, installation, maintaining or managing of lawns, gardens, flower beds, shrubbery, trees or landscaping of every nature and description on real property which the person performing such work does not own. Persons engaged in the business of spraying lawns, gardens, flower beds, shrubbery or trees shall be considered for the purposes of this chapter as engaged in the business of "gardening or landscaping."
PERSON
Includes any individual, firm, partnership, corporation or business of any form, style or nature.
PUBLIC PROPERTY
Includes any real property owned by the Village of Manorhaven.
VEHICLE
Includes every device in, upon or by which a person or property is or may be transported upon a public highway.
No person over the age of 18 years shall engage in the business of gardening or landscaping in the Village of Manorhaven without first having obtained a permit therefor from the Village Clerk.
A. 
This chapter shall not apply to any person who operates, at a fixed location within the village, any garden supply or florist shop, commercial nursery or greenhouse or similar type of business nor to any agent or employee of such person.
B. 
This chapter shall not be applicable to any person authorized by the State of New York by license or otherwise to conduct any of the businesses or operation regulated under this chapter.
C. 
This chapter shall not be applicable to any person engaged solely in the business of landscape engineering or garden planning who does not perform any of the functions heretofore described under the definition of "gardening or landscaping."
[Amended 2-26-2004 by L.L. No. 3-2004]
The application for a permit to operate or conduct business as a gardener or landscaper in the Village shall be made, in writing, to the Village Clerk and signed by the applicant. The application shall set forth:
A. 
The name, address and telephone number of the applicant and, if applicable, the corporate name, addresses and telephone numbers of the officers and directors of the company; applicant’s place of residence and/or business for the past five years. No post office boxes will be accepted as an address.
B. 
License plate number of any vehicles to be used in providing the service.
C. 
Permits are for use of the applicant only. Permits are not transferable.
A. 
The fee for the permit and decals required by this chapter shall be at the levels fixed from time to time by resolution of the Board of Trustees of the Village of Manorhaven, which fee is hereby declared to be for the purpose of defraying the cost of the enforcement of this chapter and not solely for the purpose of revenue.[1] One identification decal shall be issued with each permit at no charge. Additional decals shall be issued for an additional fee.
[1]
Editor's Note: The current fee resolution is on file in the office of the Village Clerk.
B. 
All permits issued under this chapter shall expire during the month of December of each year.
[Amended 2-26-2004 by L.L. No. 3-2004]
[Amended 2-26-2004 by L.L. No. 3-2004]
Any licensee must comply with all applicable federal and state laws, statutes, rules and regulations regarding employment. Additionally, the following local regulations must be complied with:
A. 
Hours of operation shall be from 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:30 a.m. to 5:00 p.m. on Saturdays, unless otherwise permitted by the Mayor, in writing. Landscaping work shall not be permitted on Sundays and legal holidays.
[Amended 4-27-2017 by L.L. No. 12-2017]
B. 
All landscapers shall indicate the name of their company, address and telephone number on the driver’s side door of their vehicle(s). Additionally those trades licensed by the Village shall display their license decal on the driver’s side door of said vehicle(s).
C. 
The name of any person or persons to be responsible to the Village for compliance with the requirements of this chapter while providing landscaping or gardening services within the Village of Manorhaven.
D. 
No permittee shall burn any wastepaper, rubbish, leaves, cuttings, wood or other waste materials at any time.
E. 
No permittee shall place any garbage, refuse, cuttings, leaves, wood or other materials upon public highway or public property. All lawn cuttings, leaves and debris accumulated from real property located in the Village of Manorhaven must be removed by the permittee and disposed of at his own cost.
F. 
No permittee 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 highway or public property.
G. 
No permit holder under this chapter shall make any false promises or misrepresentation in connection with the business or operation licensed, nor shalt any permit holder, in describing the services to be rendered by him, either by an act of commission or omission, knowingly misrepresent the nature of such services.
H. 
The permit holder shall conduct himself in a courteous, honest and lawful manner at all times and shall comply with all applicable federal and state employment laws, statutes, rules and regulations.
I. 
The use of dumpsters shall only be permitted when stored on the property for which they are being used and shall not block the fire hydrant. A permit must be applied for and approved by the Building Department. Should the curb, apron or sidewalk be damaged during the dropoff or pickup of the dumpster, the property owner or resident shall be responsible for repairs within five working days.
(1) 
In the event that it is impossible to store the dumpster on the property the Superintendent of Buildings shall determine if the dumpster can be placed in the street.
(2) 
When placing the dumpster in the street, the following requirements must be satisfied:
(a) 
Permit application must be completed and returned with appropriate fees.
(b) 
The dumpster shall be obtained from a certified carter that has been prequalified with the Village of Manorhaven. The carter shall provide the Village of Manorhaven with liability insurance naming the Village as an additional insured entity in the amount of $2,000,000.
(c) 
The size shall be limited to a twenty-yard container.
(d) 
The dumpster shall be placed in a location chosen by the Building Department and shall have reflective tape and flashing lights visible during evening hours.
(e) 
The use of the dumpster shall be limited to a seventy-two-hour period if it is to be placed in the street.
(f) 
The permit shall require a $50 fee and an additional bond of $500. The bond shall be returned once the dumpster is removed and the street and curb inspected for any damage that may have occurred. If there are any damages, the cost of repair shall be assessed against the bond.
[Amended 2-26-2004 by L.L. No. 3-2004]
Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation punishable by a fine not less than $100 nor exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $1,000 nor more than $2,000 or imprisonment of a period not to exceed 15 days, or both; and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $2,000 nor more than $3,000 or imprisonment of a period not to exceed 15 days, or both. Each week’s continued violation shall constitute a separate additional violation.