[HISTORY: Adopted by the Board of Trustees
of the Village of Bronxville 6-13-1994 by L.L. No. 3-1994. Amendments
noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A321.
This chapter shall be known and may be cited
as the "Gardeners and Gardening Law of the Village of Bronxville,
New York."
The purpose of this chapter is to regulate gardening
by hired employees or independent contractors, the disposition of
garden debris and related material, the safeguarding of neighborhoods
from intrusion by unauthorized persons and generally to protect the
public health, safety, morals and general welfare of the community.
As used in this chapter, the following words
shall have the following meanings unless the context or subject matter
otherwise require.
Any person who is retained to cultivate or care for a garden,
lawn, hedges, shrubs or trees as an employee or independent contractor
or the employee or subcontractor of an independent contractor.
Any person occupying any residential premises with permanent
improvements thereon, whether as owner, tenant or a person with permission
of the owner, tenant or other person having a legal right to occupy
the premises.
Grass clippings, leaves and cuttings from shrubs, hedges
and trees, and garden debris. It shall not be construed to include
garbage, recyclable material, construction debris, refuse and other
items that are collectible for disposition under Chapter 72 of the
Village of Bronxville Code of 1981.
Any person legally occupying any premises with or without
permanent improvements.
A.
Required. No person shall engage in the business of
gardening for hire, individually as a hired employee of a householder
or property owner or occupant, or as an independent contractor or
as an employee or subcontractor of an independent contractor without
first obtaining a license therefor as hereinafter provided.
B.
Application. Applications for a license or a renewal
thereof shall be made to the Village Clerk on forms provided by the
Village. The applicant shall provide his or her name, age, address,
social security number and whether or not he or she has been convicted
of a crime and such other information as may be necessary to establish
the qualifications of the applicant.
C.
Issuance. The Village Clerk, upon being satisfied
that the applicant is familiar with all applicable laws pertaining
to the disposition of household green waste, whether federal, state,
county or Village, and is otherwise qualified to carry on the trade
of gardening, shall issue a license therefor; otherwise, the Village
Clerk shall deny the application.
D.
Exemption. No person under 18 years of age shall be
required to obtain a license hereunder.
E.
Term; renewal; fees. Licenses shall be issued for a term of one year,
valid for a period of January 1 to December 31. Licenses may be renewed
at any time one month prior to the expiration thereof. The Board of
Trustees shall determine, by resolution, the fee therefor.
[Amended 6-13-1994; 12-14-2020 by L.L. No. 3-2020]
F.
Revocation; suspension; denial.
(1)
The Village Clerk may at any time for cause revoke
or suspend a license issued under this chapter. A suspension shall
not exceed 30 days and may be done at any time the Village Clerk determines
that public health, safety or welfare requires same.
(2)
A license may be revoked only after a hearing before
the Village Clerk or a hearing officer designated by the Board of
Trustees. The hearing must be held no later than 10 days after written
notice is served in person or by regular mail on the licensee at his
or her address. The written notice shall specify the grounds, the
facts and the dates of any alleged violations. At the hearing, the
licensee or any interested party may present witnesses or other proof
and shall have the right to present evidence, to cross-examine witnesses
and to be represented by counsel. After the hearing is closed, the
Village Clerk or hearing officer shall determine whether to revoke
the license, to suspend the license for a term not to exceed an additional
30 days, or to declare that the licensee is exonerated of any charges
against him or her and shall give the reasons therefor.
(3)
Any person aggrieved by the decision of the Village
Clerk or the hearing officer may appeal same to the Board of Trustees
within 10 days after the decision is filed in the office of the Village
Clerk. The Board of Trustees shall hear the appeal within 30 days
of receipt of the appeal and shall make its decision within 30 days
after close of the hearing on the appeal. The decision of the Board
of Trustees shall be final, subject to an Article 78 proceeding in
the Supreme Court.
G.
Display of license sticker. All gardeners licensed under this chapter
shall conspicuously display the license sticker issued with a license
on authorized vehicles identified in the gardener's license application.
License stickers shall be affixed to the rear bumper of authorized
vehicles.
[Added 12-14-2020 by L.L.
No. 3-2020]
The Superintendent of Public Works may promulgate
rules and regulations to secure the intent and purpose of this chapter
and the proper enforcement of laws, rules and regulations applicable
to the handling, collection and disposition of household green waste.
The Superintendent of Public Works and the General Foreman of the Department of Public Works are hereby authorized to issue and serve appearance tickets in the enforcement of this chapter. For the purposes herein, the provisions contained in Chapter 7, entitled "Appearance Tickets," of this Code shall be applicable to the issuance of appearance tickets hereunder.
A.
Any person who shall carry on the trade of gardener
without a license within the Village of Bronxville shall be guilty
of a violation pursuant to the Penal Law. Each day that a violation
continues shall be deemed a separate violation.
B.
Any person convicted of a violation under this chapter,
or any rule or regulation promulgated pursuant to the authority of
this chapter, shall be punished by a fine not to exceed $250 or 15
days imprisonment, or by both such fine and imprisonment.
