[HISTORY: Adopted by the Township Council of the Township of Hillside
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-27-2007]
As used in this article, the following terms shall have the meanings
indicated:
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
A description, including make, model, VIN number, license
plate number, of each vehicle to be used by the applicant during the registration
period.
E.Â
Provide copy of business registration certificate issued
by State of New Jersey Department of Treasury.
F.Â
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
Registration shall be renewed no later than February
28 of each year.
E.Â
Initial registration must be made prior to a commercial
landscaper commencing operations within the Township.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.