[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville 5-8-1995 by L.L. No. 1-1995.
Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch 36.
§ 34-1 License required.
§ 34-2 Activities regulated.
§ 34-3 Work done without license prohibited; responsibility for license.
§ 34-4 Application procedure.
§ 34-5 Fees.
§ 34-6 Expiration of license; renewal.
§ 34-7 Posting of decal.
§ 34-8 Regulations.
§ 34-9 Penalties for offenses.
§ 34-10 Revocation and suspension of license.
§ 34-11 License to be in possession of person performing work.
§ 34-12 Effective date.
§ 34-1 License required.
Except as provided herein, and subject to the provisions of Chapter 36, entitled "Licensing," of the Bayville Village Code, which is not inconsistent herewith, all persons, companies or corporations (collectively referred to as "landscaper") who perform any landscaping functions in the Village of Bayville shall be licensed in accordance with this chapter. Landscaping functions my be performed without a license by the owner or occupant of the property on which the work is performed or by the agent or employee of such owner or occupant, provided that such agent or employee does not service more than two parties in the Village of Bayville and has no other employees. Casual or limited mowing of lawns by young men or women, not employed by any third party, serving their nearby neighbors shall be exempted from this provision.
§ 34-2 Activities regulated.
For the purpose of this chapter, the landscaping functions shall include,
but are not limited to, the cultivation, fertilization, seeding, planting,
cutting, trimming, pruning, spraying of chemicals and maintenance of grass,
shrubs, plants, trees or other foliage.
§ 34-3 Work done without license prohibited; responsibility for license.
No landscaper shall perform any landscaping function within the Village
of Bayville without first obtaining a license to do so from the Village Clerk.
All landscaping work by an unlicensed landscaper is prohibited. No property
owner or occupant shall permit any unlicensed landscaper to perform any landscaping
function on his or her property. Licenses shall be obtained by the proprietor
of the landscape business or by a corporate officer.
§ 34-4 Application procedure.
Any landscaper desiring a license pursuant to this chapter shall make
application on forms prescribed by the Village Clerk of the Incorporated Village
of Bayville or his or her designee.
§ 34-5 Fees.
Each applicant for a license shall pay a fee of $25 as a nonrefundable
filing fee with the application. Fifty dollars shall be paid by the applicant
to the Village Clerk or his or her designee upon issuance of the license.
§ 34-6 Expiration of license; renewal.
All licenses issued pursuant to this chapter shall expire on the last
day of December in the year in which they have been issued. Licenses may be
renewed upon payment of an annual fee of $50 before the first day of February
of the next year. If the licensee fails to make proper timely application
for renewal, he or she shall be required to reapply and pay an additional
license fee as set forth in the preceding section in the amount of $25 as
a nonrefundable filing fee with the application and $50 paid upon the issuance
of the license.
§ 34-7 Posting of decal.
Each applicant shall fix to and display on the left front bumper of
each vehicle and on the left rear bumper of any trailer regularly used in
the course of its business an identification decal issued by the Village.
§ 34-8 Regulations.
The following rules and regulations shall apply:
A.
The application of pesticides and insecticides by anyone
by means of engine-powered spraying or dusting devices shall not take place
prior to 8:00 a.m. on any day that landscaping work is permitted, and the
applier shall give such notice as shall be required by the rules and regulations
of the Village Clerk or his or her designee and to all occupants of abutting
properties. All chemicals are subject to the rules and regulations, if any,
of the Village Environmental Conservation Commission, which have been approved
by the Village Board.
B.
No landscaper shall perform landscaping work on Sunday.
C.
Landscaping work may be performed by landscapers only
during the hours of 8:00 a.m. through 7:30 p.m., Mondays through Fridays,
and 9:00 a.m. through 7:00 p.m. on Saturdays.
D.
No licensee shall scatter, nor in using any mechanical
or electrical blower, cause to be scattered, any garbage, refuse or cuttings,
leaves or other waste materials on any public highway or public property without
immediately removing and/or cleaning the same.
E.
No one shall spill or dump oil, gasoline or other petroleum
products or any pesticides on the public highway or right-of-way or on the
ground. No equipment shall be filled or refilled except over a drop cloth
or other device designed to catch any accidental spillage.
§ 34-9 Penalties for offenses.
Each and every violation of any provision of this chapter or of any
of the rules and regulations promulgated hereunder shall be punishable by
a mandatory minimum fine of not less than $100 for each and every separate
offense relating to a violation of this chapter.
§ 34-10 Revocation and suspension of license.
In addition to the penalties set forth in § 34-9 of this chapter, the Village may revoke or suspend any license issued pursuant to this chapter after notice to the licensee.
§ 34-11 License to be in possession of person performing work.
The license issued pursuant to this chapter or a photocopy signed by
the licensee shall be at all times in the actual possession of the person
performing the work at the site.
§ 34-12 Effective date.
This chapter shall take effect on June 1, 1995.