[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.]
Licensing — See Ch 36.
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.
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.
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.
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.
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.
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.
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.
The following rules and regulations shall apply:
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.
No landscaper shall perform landscaping work on Sunday.
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.
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.
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.
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.
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.
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.
This chapter shall take effect on June 1, 1995.