[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.]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each applicant for a license shall pay a fee
in an amount as shall be set from time to time by resolution of the
Board of Trustees as a nonrefundable filing fee with the application.
A fee in an amount as shall be set from time to time by resolution
of the Board of Trustees shall be paid by the applicant to the Village
Clerk or his or her designee upon issuance of the license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All licenses issued pursuant to this chapter
shall expire on May 31 in the year in which they have been issued.
Licenses may be renewed upon payment of an annual fee in an amount
as shall be set from time to time by resolution of the Board of Trustees
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 as shall be set from time to
time by resolution of the Board of Trustees as a nonrefundable filing
fee with the application and a fee in an amount as shall be set from
time to time by resolution of the Board of Trustees 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:
A.Â
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.Â
No landscaper shall perform landscaping work on Sunday.
C.Â
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.Â
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.Â
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.
F.Â
Any live
tree having a circumference in excess of 20 inches measured at a point
which is 48 inches above the ground shall not be removed, unless an
arborist appointed by the Village approves such removal.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 fine not to exceed $500 or a jail term of
not more than 15 days, or both, 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.
