As used in this chapter, the following terms
shall have the meanings indicated:
DEBRIS
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.
OFFICER
President, Vice President, secretary or treasurer of a corporate
applicant.
STOCKHOLDER
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.
VEHICLE
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.
[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B. Any person whose license has been revoked under the provisions above may be re-licensed upon the approval of the City Council as provided in §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. 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.
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.