[HISTORY: Adopted by the Board of Trustees
of the Village of Rockville Centre 8-16-1982 by L.L. No. 1-1982.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licenses — See Ch. 222.
Solid waste — See Ch. 283.
Trees, shrubs and hedges — See Ch. 303.
[1]
Editor's Note: This local law also provided
that it would become effective on 1-1-1983.
As used in this chapter, the following words
and phrases shall have the following meanings:
The business of tending, planting, preparation, installation,
maintaining, trimming, removing, relocating 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 or tree servicing.
[Amended 5-3-2010 by L.L. No. 5-2010]
Includes any individual, firm, partnership, corporation or
business of any form, style or nature.
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.
Includes any real property owned by the Village of Rockville
Centre.
[Amended 5-3-2010 by L.L. No. 5-2010]
No person over the age of 16 years shall engage
in the business of gardening or landscaping or tree servicing in the
Village of Rockville Centre without first having obtained a license
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 operations 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.
D.
This chapter shall not require a license for gardening or landscaping
or tree servicing done pursuant to certification from the Superintendent
of Building Department or such Superintendent's designee that
such work is necessary to protect public health or safety in the case
of an emergency, provided that the person performing such work files
with the Village documentation of insurance as required from persons
licensed by the Village to perform such work.
[Added 5-3-2010 by L.L. No. 5-2010]
E.
This chapter shall not apply to gardening or landscaping or tree
servicing done pursuant to contract with the Village of Rockville
Centre or any other governmental agency or any public utility company.
[Added 5-3-2010 by L.L. No. 5-2010]
The Village Clerk shall have the power to grant
the licenses required by this chapter.
License applications under this chapter shall be submitted to the Village Clerk and shall comply with the requirements specified in Chapter 222, Licenses.
A.
The fee for the license 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 Rockville Centre, 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.
B.
All licenses issued under this chapter shall expire
on February 28 of each year.
Any license required by this chapter may be suspended or revoked in accordance with the provisions of Chapter 222, Licenses.
A.
No licensee under this chapter shall make any false
promise or willful misrepresentation in connection with the business
or operation licensed, nor shall any licensee, in describing the services
to be rendered by him, either by an act of commission or omission,
knowingly misrepresent the nature of such services.
B.
No licensee shall conduct himself other than in a
courteous, honest and lawful manner at all times.
C.
No licensee shall operate any power or manual lawn
mower or other gardening or tree servicing equipment at any time between
the hours of 7:00 p.m. and 8:00 a.m., local time, on any day, or at
any time on Sunday or public holidays, except in the case of emergency
as determined by the Superintendent of Buildings.
[Amended 7-7-2008 by L.L. No. 9-2008; 5-3-2010 by L.L. No.
5-2010]
D.
No licensee shall burn any wastepaper, rubbish, leaves,
cuttings, wood or other waste materials at any time.
E.
No licensee shall place any garbage, refuse, cuttings,
leaves, wood or other materials upon any public highway or public
property.
F.
No licensee shall scatter any garbage, refuse, cuttings,
leaves or other waste materials on any public highway or public property.
G.
Licensees shall affix to and display in the corner
of the right front windshield of all vehicles regularly used in the
course of their business the identification decal given to them by
the Village Clerk at the time the license is issued.
