[HISTORY: Adopted by the Municipal Council of the City of Clifton 4-1-1992 by Ord. No. 5577-92, as amended; amended in its entirety 4-5-2011 by Ord. No. 6943-11. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ADOPT-A-SPOT PROGRAM
- A voluntary program in the City in which landscapers agree to maintain designated locations approved by the City Manager at the landscapers' expense in accordance with standards established by the City.
- ANNUAL LICENSE
- A license issued by the Director of the Department of Public Works of the City of Clifton for the purposes stated.
- Anyone who employs the services of a landscaper to perform the services of maintaining, cutting, cleaning or raking property within the City of Clifton.
- LANDSCAPE CONTRACTOR
- The same as a landscaper.
- A person or persons doing business with five or more residential and/or commercial customers for the purpose of maintaining, cutting, cleaning, raking or performing similar activities on property within the City of Clifton.
- LANDSCAPER DISPOSAL FEE
- A fee charged by and payable to the City of Clifton to dispose any cuttings, clippings and/or waste material at a location directed by the Director of the Department of Public Works of the City of Clifton.
- LICENSE FEE
- The fee charged by and payable to the City of Clifton to obtain a license as a landscaper.
- Any commercial vehicle required to be registered with the New Jersey Department of Motor Vehicles for use on local roads and highways and used by a landscaper in the performance of his work in the City of Clifton.
All landscapers performing landscaping services within the City of Clifton shall be required to obtain a license in order to offer their services in the City of Clifton. A license shall be required for each vehicle the landscaper owns or operates within the City of Clifton. Said license shall be obtained from the Director of the Department of Public Works prior to January 1 each calendar year.
Proof of licensure will be demonstrated by the issuance of and the display of a decal, which shall be issued to each licensee and displayed on the front driver's side bumper of each vehicle that the landscaper owns or operates in the City of Clifton. All expired decals issued by the City of Clifton must be removed from all vehicles within five days of the expiration of the decal.
Applications for licensing as required by this chapter shall be made to the Director of the Department of Public Works of the City of Clifton, located at 307 East 7th Street, under oath, on a form furnished by him.
The application shall set forth the following information:
The applicant's name, business name, business address and telephone number.
Whether the applicant is an individual, a partnership, a corporation or any other entity and, if another entity, a full explanation and description thereof.
If the applicant is an individual, the applicant's residence address and date of birth.
If the applicant is a partnership, the full names, residence addresses, dates and places of birth of each partner.
If the applicant is a corporation or other entity, in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office; in the case of another entity, the full name, residence address, date and place of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of said entity, the name and address of the registered agent, if any, and the address of the principal office. The term "stockholder," as used herein, means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation.
Whether the applicant or any partners, officers or stockholders thereof have ever been arrested or convicted of a crime and, if so, the name of the person arrested or convicted, the date of arrest, the crime or charge involved and the disposition thereof. The term "officers," as used herein, means and includes the president, vice president, secretary and treasurer of a corporate applicant.
The number of years the applicant has been in business at its present business address or at any prior location, including the addresses of such prior locations, if any.
The make, year and commercial license plate of each vehicle to be licensed.
The applicant must submit proof of general liability insurance coverage in the amount of at least $500,000, motor vehicle liability insurance in the minimum amount generally required by applicable state statutes and workers' compensation insurance in the form of a current, original certificate of insurance or policy declaration page showing that the applicant has obtained and possess each such form of insurance from a duly licenced commercial insurance company.
Landscapers who fail to apply for a license on or before April 1 will not be issued a dumping permit for that calendar year.
[Amended 4-3-2012 by Ord. No. 7009-12]
Every landscaper operating within the City of Clifton shall be required to comply with the following:
The name of the landscaping company shall be clearly indicated on both sides of any vehicle used in the operation, shall be no less than three inches in height and shall include the name, address and telephone number.
If a landscaper wants to dispose of any cuttings, clippings and/or waste material at a location directed by the Director of the Department of Public Works of the City of Clifton, the landscaper shall be required to provide the City of Clifton with a list of its customers in the City of Clifton. The landscaper shall only dispose of said materials from properties located within the City of Clifton.
Upon filing such application, the applicant shall pay to the Department of Public Works a fee of $50 for the first truck and $25 for each additional truck, made payable to the City of Clifton. Any fraction of a year will be considered a full year for the purposes of this section.
The term of such license shall expire on December 31 of the calendar year in which such license is issued.
Such license shall be renewed by the Director of the Department of Public Works upon payment by the applicant to the Director of the Department of Public Works of an annual renewal fee of $50 for the first truck and $25 for each additional truck, made payable to the City of Clifton. Such renewal shall be for the calendar year in which such renewal occurs.
In the event that a landscaper seeks to dispose of other vegetative waste at a location designated by the Director of the Department of Public Works in accordance with § 296-4B hereof, there shall be a landscaper disposal fee of $100 per year for any landscaper having its principal place of business in the City of Clifton, and $400 per year for non-Clifton-based landscapers.
[Amended 5-5-2015 by Ord. No. 7212-15]
[Amended 4-3-2012 by Ord. No. 7009-12; 5-5-2015 by Ord. No. 7212-15]
Any landscaper wishing to dump vegetative waste, including leaves, at the Department of Public Works yard shall pay the following fees, in addition to the annual disposal fee:
For each two loads of vegetative waste dumped at the Department of Public Works facility between April 1 and October 31, a landscaper shall be given a voucher for one equivalent free load of leaves to be dumped between November 1 and December 31.
Landscapers not paying to dump vegetative waste from April 1 thru October 31 will not receive any vouchers and will be required to pay the full price to dump leaves after November 1, in accordance with the fees shown in Subsection E(1) above.
If a landscaper participates in the Adopt-A-Spot program, that landscaper shall receive an additional credit of $200 credit toward dumping fees for each Adopt-A-Spot location he or she maintains. Landscapers who participate in the Adopt-A-Spot program must maintain each Adopt-A-Spot location at least once every two weeks. Grass, hedges and bushes shall be kept trimmed and shall not be permitted to become overgrown and unsightly. Each location shall be in compliance with the standards of the property maintenance and other applicable ordinances of the City of Clifton.
If 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 ordinances of the City of Clifton relevant to landscaping, the Director of the Department of Public Works shall revoke the license immediately. The Director of the Department of Public Works shall not restore such license during such time as the violation for which such conviction was obtained, exists or remains.
Any person whose license has been revoked under the provisions above may be relicensed by the Director of the Department of Public Works when the grounds upon which such license was revoked are removed or corrected and upon payment of the fee prescribed herein.
Any person who violates any provision of this chapter, other than disposal requirements, shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Any person who violates the disposal requirements of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed for each violation of this provision.