This chapter shall be known and may be cited
as the "Commercial Gardeners and Landscapers Law of the Incorporated
Village of Sea Cliff."
For the purposes of this chapter, the terms
used herein are defined as follows:
GARDENING or LANDSCAPING
The business of tending, planting, preparation, installation,
maintaining, removal or managing of lawns, gardens, flowerbeds, 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, flowerbeds, shrubbery
or trees shall be considered for the purposes of this chapter as engaged
in the business of gardening and landscaping. An individual who performs
such services on an occasional basis shall not be considered for the
purposes of this chapter as engaged in the business of gardening and
landscaping.
HOLIDAY
Includes all New York State holidays.
[Added 10-12-2021 by L.L.
No. 6-2021]
LEAF BLOWING EQUIPMENT
Any device that is used, designed or operated to produce
a current of air for the purpose of pushing, propelling or blowing
leaves, dirt, gardening and grass clippings and cuttings, refuse or
debris, whether portable and carried, or walked behind, or attached
to a tractor or similar machine.
[Added 10-12-2021 by L.L.
No. 6-2021]
PERSON
Includes any individual, firm, partnership, corporation or
business of any form, style or nature.
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 PROPERTY
Includes any real property owned by the Incorporated Village
of Sea Cliff.
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 Sea
Cliff without first having obtained a permit therefor from the Village
Clerk.
The Village Clerk shall have the authority to
grant the permits required by this chapter.
The application for a permit to operate or conduct
a 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 and business address of the applicant.
B. If the applicant is a corporation, the name, age and
residence address of each officer and director.
C. If the applicant is a natural person, his or her age
and residence address.
D. The applicant's place of business for the past five
years.
E. The license numbers, vehicle identification numbers
and state of registration of each vehicle to be used in providing
the service.
F. The name, address and day and nighttime phone numbers
of the person or persons, within the County of Nassau, who shall be
responsible to the Village for compliance with the requirements of
this chapter as regards the applicant's performance of gardening or
landscaping services within the Village of Sea Cliff.
G. The name and address of an agent who shall be a natural
person and who shall reside or have a place of business in the County
of Nassau and who shall be authorized and shall agree by verified
statement to accept notices, summonses or appearance tickets issued
by the Village Board or its designated employee or officer with respect
to violations by the permittee of any Village law or ordinance or
any rules or regulations thereunder. Any notice, summons or appearance
ticket shall be deemed to have been duly and legally served upon the
permittee when served personally upon or sent by registered or certified
mail, return receipt requested, to the agent designated herein.
Every person holding a permit under this chapter
shall comply with the following provisions:
A. No permittee under this chapter shall make any false
promise or willful misrepresentation in connection with the business
or operation permitted nor shall any permittee, in describing the
services to be rendered by him, either by an act of commission of
omission, knowingly misrepresent the nature of such services.
B. No permittee shall conduct himself other than in a
courteous, honest and lawful manner at all times.
C. With the exception of leaf blowing equipment (which is governed by Chapter
81), no permittee shall operate any power gardening or landscaping equipment at any time on Sunday or on a holiday, or on Saturday before 8:00 a.m. or after 5:00 p.m., or between the hours of 7:00 p.m. and 7:30 a.m. on any other day, unless otherwise permitted by the Mayor, in writing.
[Amended 10-12-2021 by L.L. No. 6-2021]
D. In addition to the restrictions set forth in the preceding Subsection
C, no permittee shall operate a woodchipper or chain saw between the hours of 5:00 p.m. and 9:00 a.m.
[Amended 10-12-2021 by L.L. No. 6-2021]
E. No permittee shall bury any wastepaper, rubbish, leaves,
cuttings, wood or other waste materials at any time.
F. No permittee shall place any garbage, refuse, cuttings,
leaves, wood or other materials upon any public highway or public
property, except at locations and in a manner designated for such
placement. All lawn cuttings, leaves and debris accumulated from real
property located in the Village of Sea Cliff must be removed by the
permittee and disposed of at the permittee’s own cost.
[Amended 7-6-2010 by L.L. No. 6-2010]
G. 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.
H. Each permittee shall affix to and display on the left
front bumper of each vehicle and on the left rear bumper of any trailer,
regularly used in the course of its business, an identification decal
issued by the Village Clerk.
No permit issued under the provisions of this
chapter shall be transferred or assigned to any person or used by
any person other than the permittee to whom it was issued nor shall
such permit be used for any vehicles other than the vehicles stated
in the application.
Any notice to be given under this chapter shall
be deemed to have been duly given when:
A. Served personally upon the permitted person or sent
by registered or certified mail addressed to his residence contained
in the application or any supplemental application.
B. In the case of a corporate permittee, served personally
upon an officer of said corporate permittee or sent by registered
or certified mail addressed to an officer thereof at his residence,
together with a copy of the notice sent by ordinary mail to the address
of the business premises, if stated in the application.
C. Served personally upon or sent by registered or certified mail, return receipt requested, to the agent designated under §
70-6G.
D. Served in any manner otherwise specifically provided
for in this chapter or the Village Code.
[Amended 7-6-2010 by L.L. No. 6-2010]
Any person committing an offense against any
provision of this chapter or any rule or regulation adopted pursuant
to this chapter or any restriction or condition contained in a permit
issued pursuant to this chapter or placing any lawn cuttings, leaves
and debris on a public highway or public property in a location or
manner not permitted by this chapter shall be guilty of an offense
of this chapter. Such offense shall be punishable as provided in the
general penalty provisions of the Code of the Village of Sea Cliff.
If any section, sentence, clause or phrase of
this chapter shall for any reason be held to be invalid or unconstitutional
by a court of proper jurisdiction, such decision shall not affect
the validity of this chapter as a whole or any part or provision thereof,
other than the parts so decided to be invalid or unconstitutional.
This chapter shall take effect in accordance
with § 27 of the Municipal Home Rule Law.