[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.
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]
Mowing of grass or lawns.
Trimming or cutting of trees, bushes or shrubbery.
Restoration, removal or installation of lawns,
grass, foliage, leaves or trees of a given property.
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.
A.
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.
B.
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:
(1)
The applicant's name, trade or business name, business
address and telephone number.
(2)
Whether the applicant is an individual, partnership,
firm, association, corporation or other legal entity and, if the last,
a full explanation and description thereof.
(3)
If the applicant is an individual, the applicant's
residence address, telephone number, date and place of birth and social
security number.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
The make, year, registration and license plate number
of each vehicle to be licensed.
(10)
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]
A.
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.
B.
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.
C.
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.
D.
Subsequent offenses shall subject the landscaper to
fines not less than $100 or more than $1,000 or 90 days in jail, or
both.
E.
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:
A.
To operate within the City of Passaic only while in
possession of a valid, current license.
C.
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.
D.
[2]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.
[2]
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.
