[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.]
As used in this chapter, the following words
and phrases shall have the following meanings:
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."
Includes any individual, firm, partnership, corporation or
business of any form, style or nature.
Includes any real property owned by the Village of Manorhaven.
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."
The Village Clerk shall have the power to grant
the permits required by this chapter.
[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]
Any permit granted pursuant to this chapter
may be suspended or revoked by the Board of Trustees for good cause,
after a public hearing.
[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.
