[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston
2-10-1992 as L.L. No. 1-1992 (Ch. 72 of the 1980 Code). Amendments noted where
applicable.]
For the purposes of this chapter, the following terms shall have the
meanings indicated:
Includes but is not limited to any person or entity who engages in
the practice or activity of gardening or landscaping, whether or not for profit.
The term "gardener" or "landscaper" shall include any resident of the Village
of Thomaston who engages in such practice or activity or who hires or permits
any other person or entity to engage in such practice or activity in the village.
Includes but is not limited to the cultivation, fertilization, seeding,
planting, cutting, trimming, pruning or maintenance of grass, shrubs, plants,
trees or other foliage.
In addition to any other regulations or laws which may be applicable
to any gardener or landscaper:
A.
No gardener or landscaper or other person shall blow
or rake leaves, grass or other debris onto any public highway or right-of-way
or onto the property of another person, nor cause or permit any
other person or entity to do the same.
B.
No gardener or landscaper or other person shall spill
or dump oil, gasoline or other petroleum products or any pesticides on the
public highway or right-of-way or anywhere on the ground or on the property
of any person, nor cause or permit any other person or entity to do the same.
C.
No gardener or landscaper or any other person shall fill
or refill any machinery or equipment with any fuel or lubricant, except over
a drop cloth or other device designed to catch and retain any accidental spillage,
nor cause or permit any other person or entity to do the same.
D.
No gardener or landscaper shall remove any tree in violation
of the provisions of this Code, nor operate any machinery or equipment in
violation of the provisions of this Code, nor cause or permit any other person
or entity to do the same.
E.
All gardening and landscaping shall be performed in accordance
with the laws, ordinances, rules and regulations of the United States, the
State of New York, the County of Nassau and the village.
F.
No landscaper or gardener or other person shall operate
any power or manual lawn mower or other power gardening equipment between
the hours of 12:00 midnight and 8:00 a.m. or 8:00 p.m. and 12:00 midnight
on weekdays, or between the hours of 12:00 midnight and 10:00 a.m. or 6:00
p.m. and 12:00 midnight on Saturdays, Sundays and holidays, nor permit or
cause any other person or entity to do the same.
G.
No gardener or landscaper or other person shall burn
any wastepaper, rubbish, leaves, cuttings, wood or other waste materials at
any time, nor cause or permit any other person to do the same.
H.
No gardener or landscaper or any other person shall place
any garbage, refuse, cuttings, leaves, wood or other materials upon any public
highway or right-of-way or upon any public or private place or property except
with the consent of the owner thereof, nor cause or permit any other person
or entity to do the same.
I.
No gardener or landscaper or other person shall operate
or permit the operation of any equipment which emits unusually loud or unnecessary
noise, nor cause or permit any other person to do the same.
Each and every violation of any provision of this chapter shall be punishable
as provided by law.
