[HISTORY: Adopted by the Township Council of the Township of Hillside as indicated in article histories. Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
- COMMERCIAL LANDSCAPER
- A person or entity whose business involves the placing, planning, arranging, trimming, cutting and removing of trees; the maintenance of lawns, trees, bushes, shrubs, gardens and related appurtenances; and/or the cleaning and/or collection of any vegetative waste, including weeds, branches, clippings, leaves, debris, grass or other items of yard waste, on or from the property of another person or entity.
- Every device in, upon or by which a person or property is or may be transported upon a public street or highway.
The application for a permit to operate or conduct business as a commercial landscaper in the Township of Hillside shall be made in writing to the Hillside Township Department of Public Works and signed by the applicant. The applicant shall set forth the following information:
The name, address and telephone number of the applicant. If the applicant is a corporate entity or partnership, the application shall contain the names of stockholders or partners with a ten-percent-or-greater ownership interest in the business, as the case may be.
The character and type of substance that the applicant will be disposing of and the character, type and quantities of substances the applicant will be applying to lawns, trees and other flora during the landscaping operations.
The location where the debris is to be taken and the name, telephone number and permit number of the company or organization to receive said debris.
A description, including make, model, VIN number, license plate number, of each vehicle to be used by the applicant during the registration period.
Provide copy of business registration certificate issued by State of New Jersey Department of Treasury.
Such other pertinent information as may be required of the applicant by the Department of Public Works.
Every commercial landscaper operating within the Township of Hillside shall be required to comply with the following:
The name, address and telephone number of the commercial landscaper shall be clearly indicated on both sides of any vehicle used in said operation and shall be no less than three inches in height.
An annual fee of $50 shall be paid to the Township by each commercial landscaper. Any fraction of a year will be considered a full year for the purpose of this section. The annual fee shall entitle the applicant to two tags. Additional tags shall be issued to duly registered commercial landscapers for a fee of $10 per vehicle.
Tags, identifying that vehicles have been properly registered, must be displayed on the driver's side of each vehicle, next to or directly below the name indicated on said vehicle.
Registration shall be renewed no later than February 28 of each year.
Initial registration must be made prior to a commercial landscaper commencing operations within the Township.
Any person or persons who shall violate or fail to comply with any of the provisions of this article, upon conviction thereof, shall be punished by a fine of not less than $100 for the first offense, not less than $250 and not to exceed $500 for the second offense, and not less than $500 and not to exceed $1,000 for the third offense, and/or the revocation of the permit to further operate within the Township, and/or up to 90 days in jail, in the discretion of the Municipal Court Judge.
In the event that a violation occurs and a summons issued as to those sections outlined in this chapter and that violation is a first offense, the person against whom the summons is issued shall have the option to plead guilty without a court appearance and to pay a mandatory fine of $50 plus court fees of $30 to the Municipal court applicable only to first offense situations.
In the event that any person licensed in accordance with the provisions of this chapter shall be convicted of violating any statute, ordinance or regulation in the execution of any work for which a permit is required by the applicable ordinance of the Township of Hillside relevant to landscaping, the Township of Hillside shall revoke the permit of such person immediately. The Township of Hillside shall not restore such permit during such time as the violation for which such conviction was obtained, exists or remains.
Enforcement. Authority is hereby given to the Hillside Public Works Department, Hillside Building Department and the Hillside Police Department to enforce the provisions of this article that lie in their respective jurisdictions.
This article shall not be applicable to the solid waste contractor authorized by Chapter 261, Solid Waste; Recycling, of the Township Code.
This article is not meant to repeal any provisions of the Code other than those designated herein, but to add to its requirements, and all ordinances or parts thereof inconsistent or in conflict with the provisions of this ordinance are repealed to the extent of such inconsistency or conflict only. However, in any case where the provisions of this article impose a higher or stricter standard than that set forth in any other ordinance or regulation of the Township of Hillside or under the laws or regulations of the State of New Jersey or its agencies, then the standards as set forth herein shall prevail, but if the provisions of this article impose a lower or lesser standard than any other regulation or ordinance of the Township of Hillside or of the laws and regulations of the State of New Jersey or any of its agencies, then the higher standard contained in any such other ordinance, regulation or law shall prevail.