[HISTORY: Adopted by the City Council of the City of Passaic 12-23-1992 by Ord. No. 1196-92. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any organic or inorganic substance, including grass, grass clippings, branches, twigs, leaves, mulch, foliage, soil or other natural parts of foliage, including stumps or trees, or products of the earth, including any residue of the foregoing.
- LANDSCAPER or LANDSCAPE CONTRACTOR
- Any person, partnership, firm, association, corporation or
other legal entity who or which undertakes to serve three or more
residential or commercial customers in any of the following services:[Amended 6-9-2004 by Ord. No. 1615-04]
- A. Mowing of grass or lawns.
- B. Trimming or cutting of trees, bushes or shrubbery.
- C. Restoration, removal or installation of lawns, grass, foliage, leaves or trees of a given property.
- D. Any and all services relating to the placement, installation, care or cultivation of lawns, shrubbery, trees, foliage or other plant life.
- President, Vice President, secretary or treasurer of a corporate applicant.
- Any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of an applicant corporation.
- Any vehicle required to be registered with the New Jersey Division 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 Passaic.
All landscapers performing landscaping services within the City of Passaic shall be required to obtain a license in order to offer their services in the City of Passaic. Said license shall be obtained from the office of the City Clerk prior to April 1 of each year.
Applications for the licensing required by this section shall be made on forms supplied by the office of the City Clerk and shall set forth the following information:
The applicant's name, trade or business name, business address and telephone number.
Whether the applicant is an individual, partnership, firm, association, corporation or other legal entity and, if the last, a full explanation and description thereof.
If the applicant is an individual, the applicant's residence address, telephone number, date and place of birth and social security number.
If the applicant is a partnership, the full names, residence addresses, telephone numbers, dates and places of birth and social security numbers of each partner.
If the applicant is a corporation, the full names, residence addresses, telephone numbers, dates and places of birth and social security numbers of each major official and each stockholder holding 10% or more of the stock and the name and address of the registered agent and the address of the principal officer.
In the case of any other entity, the full name, residence address, telephone number, date and place of birth of each person owning or having 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.
Whether the applicant or any partners, officers or stockholders thereof have ever been convicted of a crime and, if so, the name of the person so convicted, date of arrest, crime or charge involved, date of conviction and disposition thereof.
The number of years the applicant has been in business at its present business address or at any other location, including the addresses of such locations.
The make, year, registration and license plate number of each vehicle to be licensed.
The addresses of the residents of the City for whom landscaping services are being provided. Landscapers shall keep the list current by reporting any additions or deletions within five days thereof.
[Added 8-7-2007 by Ord. No. 1732-07]
[Amended 8-7-2007 by Ord. No. 1732-07]
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 applicable ordinance of the City of Passaic relevant to landscaping, the City shall revoke the license in accordance with the provisions of §§ 177-9 and 177-10 of the City of Passaic Code.
Any person whose license has been revoked under the provisions above may be re-licensed upon the approval of the City Council as provided in § 177-12 of the Code of the City of Passaic.
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 for the first offense or by imprisonment for a term not to exceed 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Subsequent offenses shall subject the landscaper to fines not less than $100 or more than $1,000 or 90 days in jail, or both.
Any person who violates the disposal requirements of this chapter shall, upon conviction, 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 on each day during or on which a violation occurs or continues.
Each applicant shall receive a decal for each vehicle enumerated in the application. Said decal shall be displayed upon the vehicle for which it is issued and such display shall be deemed to demonstrate proof of license.
Every landscaper operating within the City of Passaic shall have the following responsibilities:
To operate within the City of Passaic only while in possession of a valid, current license.
To clearly indicate on both sides of all vehicles used within the City of Passaic the name, address and telephone number of the landscaping entity. "Clearly indicate" shall mean through the use of legible characters not less than three inches in height.
To comply with any and all laws, rules, regulations and ordinances adopted by the State of New Jersey, County of Passaic or City of Passaic with regard to the recycling of any vegetative material or other debris directly related to the landscaper's operations.
Editor’s Note: Former Subsection D, Disposal of leaves, as amended, was repealed 10-6-2016 by Ord. No. 2073-16.
In addition to the Solid Waste Management Coordinator and/or his designees, this chapter shall be enforced by the Police Department and all housing or sanitary inspectors.
This chapter shall take effect 20 days following final passage and publication according to law, except that no landscaper shall be required to actually obtain a license for any period prior to April 1, 1993.