[HISTORY: Adopted by the Floral Park Village
Board 3-23-1993 as L.L. No. 1-1993. Amendments noted where applicable.]
As used in this chapter, the following words
and phrases shall have the following meanings:
The business of tending, planting, preparing, installing,
maintaining or managing of lawns, gardens, flower beds, shrubbery,
trees or landscaping of every nature and description on real property
which the person performing such work does not own. Persons engaged
in the business of spraying lawns, gardens, flower beds, shrubbery
or trees shall be considered for the purposes of this chapter as engaged
in the business of "gardening" or "landscaping."
Includes any individual, firm, partnership, corporation or
business of any form, style or nature.
Includes any street open to the public for its full width
from property line to property line, including the sidewalk area,
whether or not installed.
Includes any real property owned by the Village of Floral
Park.
Includes every device in, upon or by which a person or property
is or may be transported upon a public highway.
No person over the age of 18 years shall engage
in the business of gardening or landscaping in the Village of Floral
Park without first having obtained a permit therefor from the Village
Administrator.
A.
This chapter shall not apply to any person who operates,
at a fixed location within the village, any garden supply or florist
shop, commercial nursery or greenhouse or similar type of business
nor to any agent or employee of such person.
B.
This chapter shall not be applicable to any person
authorized by the State of New York by license or otherwise to conduct
any of the businesses or operations regulated under this chapter.
C.
This chapter shall not be applicable to any person
engaged solely in the business of landscape engineering or garden
planning who does not perform any of the functions heretofore described
under the definition of gardening or landscaping.
This Village Administrator shall have the power
to grant the permits required by this chapter.
The application for a permit to operate or conduct
business as a gardener or landscaper in the village shall be made,
in writing, to the Village Administrator and shall be signed by the
applicant. The application shall set forth:
A.
The names and addresses of the applicant and of the
officers and directors, if any.
B.
The applicant's place of residence and/or business
for the past five years.
C.
The license numbers of any vehicles to be used in
providing the service.
D.
The name of any person to be responsible to the village
for compliance with the requirements of this chapter while performing
gardening or landscaping services within the Village of Floral Park.
A.
The fee for the permit and decals required by this
chapter shall be at the levels fixed, from time to time, by resolution
of the Board of Trustees of the Village of Floral Park, which fee
is hereby declared to be for the purpose of defraying the cost of
the enforcement of this chapter and not solely for the purpose of
revenue. One identification decal shall be issued with each permit
at no charge. Additional decals shall be issued for an additional
fee.
B.
All permits issued under this chapter shall expire
on December 31 of each year.
Any permit granted pursuant to this chapter
may be suspended or revoked by the Board of Trustees for good cause,
after a public hearing.
A.
No permittee under this chapter shall make any false
promise or willful misrepresentation in connection with the business
or operation licensed, nor shall any permittee, in describing the
services to be rendered by him, either by an act of commission or
omission, knowingly misrepresent the nature of such services.
B.
No permittee shall conduct himself other than in a
courteous, honest and lawful manner at all times.
C.
No permittee shall operate any power or manual lawn
mower or other gardening equipment at any time between the hours of
7:00 p.m. and 8:00 a.m. on any day unless otherwise permitted by the
Commissioner of Police or the Mayor, in writing.
D.
No permittee shall burn any wastepaper, rubbish, leaves,
cuttings, wood or other waste materials at any time.
E.
No permittee shall place any garbage, refuse, cuttings,
leaves, wood or other materials upon any public highway or public
property. All lawn cuttings, leaves and debris accumulated from real
property located in the Village of Floral Park must be removed by
the permittee and disposed of at his own cost.
F.
No permittee shall scatter nor, in using any mechanical
or electrical blower, cause to be scattered any garbage, refuse, cuttings,
leaves or other waste materials on any public highway or public property.
G.
The permittee shall affix 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 Clerk.
H.
Gas-powered leaf blowers may be used no earlier than 8:00 a.m. or
later than 6:00 p. m. on any weekday, and no earlier than 8:00 a.m.
or later than 3:00 p.m. on Saturdays. The use of gas-powered leaf
blowers is prohibited at all times on Sunday and on federal and state
holidays.
[Added10-15-2019 by L.L. No. 4-2019.[1]]
[1]
Editor's Note: The number of this local law was changed from
L.L. No. 5-2019 by Res. No. 2019-256, adopted 12-17-2019.
Any person who fails to comply with any of the
provisions of this chapter shall be punished by a fine of not less
than $50 and not more than $100 for the first offense; and not less
than $100 and not more than $200 for the second offense, both of which
were committed during the same calendar year; and not less than $200
and not more than $500 for the third offense, all of which were committed
during the same calendar year. Any license issued pursuant to this
chapter shall be revoked upon conviction of a third offense.
If any section, sentence, clause or phrase of
this chapter shall, for any reason, be held to be invalid or unconstitutional
by a court of proper jurisdiction, such decision shall not effect
the validity of this chapter as a whole or any part or provision thereof,
other than the parts so decided to be invalid or unconstitutional.
This local law shall take effect immediately.
