[Adopted 7-9-1984 by L.L. No. 3-1984]
As used in this article, the following words
and phrases shall have the following meaning:
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.
Any individual, firm, partnership or corporation.
All real property, improved or unimproved, owned by any municipal
corporation, corporation, person, partnership, firm, association or
otherwise which is not included in the definitions of "public highway"
of "public place" above.
Any street open to the public for its full width from property
line to property line, including the sidewalk area, whether or not
installed.
Any real property available to or open to use by all or a
majority of the property owners or residents of the Village of Atlantic
Beach.
It shall be unlawful for any person to perform
as a gardener in the territorial limits of the Village of Atlantic
Beach unless he shall have first obtained, and shall have then in
force, a gardener's license as hereinafter provided.
A.
Every person who desires to perform as a gardener in the Village of Atlantic Beach 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 § 130-5 hereof.
B.
Such license shall cover the licensee as well as all
the employees of such licensee. Each vehicle that performs work in
the village requires a license.
[Amended 3-8-2004 by L.L. No. 1-2004]
C.
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or corporation of which such person was a principal, was revoked,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.
A gardener's license shall be issued as of the
date of granting of the same, and shall expire on March 31 of the
next ensuing year unless the same is sooner revoked as herein provided.
[Amended 3-8-1993 by L.L. No. 1-1993]
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 article or
any rule or regulation adopted hereunder, 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, other power
equipment or blowers or perform any gardening earlier than 8:00 a.m.
on weekdays and earlier than 9:00 a.m. on Saturday or holidays.
[Amended 4-14-1997 by L.L. No. 4-1997; 3-8-2004 by L.L. No. 1-2004; 8-8-2005 by L.L. No. 1-2005]
(2)
Burn any waste paper, rubbish, leaves, cuttings, wood
or other waste materials except by written permission of the Mayor
or Village Clerk, under such conditions as may be imposed by such
permit.
(3)
Place any garbage, refuse cuttings, leaves, wood or
other materials upon any public highway, public place or private property.
(4)
Scatter any garbage, refuse, cuttings, leaves or other
waste materials from the custody of such persons to any public highway,
public place or private property.
(5)
Operate any power or manual lawn mower, other power
equipment or blowers or perform any gardening, other than planting,
on weekends, from June 1 through the second weekend in September,
including Memorial Day, July 4th, Labor Day and all legal holidays
throughout the year.
[Added 3-8-2004 by L.L. No. 1-2004;
amended 8-8-2005 by L.L. No. 1-2005]
B.
Clippings and cuttings shall be hand swept and carried
away in the gardener's vehicle for disposal.
[Amended 4-14-1997 by L.L. No. 4-1997; 3-8-2004 by L.L. No. 1-2004]
C.
The gardener's license shall be maintained by the
licensee or his designee on the job site and shall be displayed upon
request. Annual decals supplied at time of licensing shall be displayed
on the driver's side of each vehicle licensed.
[Amended 3-8-2004 by L.L. No. 1-2004]
[Amended 2-9-1998 by L.L. No. 1-1998]
Every person convicted of a violation of any
of the provisions of this article shall be punished by and subject
to a fine of not more than $500 or imprisonment not to exceed 15 days,
or both, for such violation.
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.
