[HISTORY: Adopted by the Town Board of the
Town of Ramapo 7-8-1992 by L.L. No. 7-1992. Amendments noted where
applicable.]
This chapter shall be known and may be cited
hereinafter as the "Landscaper Licensing Law of the Town of Ramapo."
The Town Board of the Town of Ramapo hereby
determines that, to protect the public health, safety and welfare
of the residents of the unincorporated area of the Town of Ramapo,
the public interest requires registration and licensing of landscapers
operating within the Town so as to control their activities, as such
activities relate to the use of Town streets and the removal of landscape
materials from real property within the Town.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given herein. The word "shall" is always mandatory and not merely
directory.
Includes grass clippings, prunings, leaves, tree branches,
trunks, stumps, roots, rocks, sand and any other natural materials
indigenous to gardens, lawns, shrubbery and trees.
Includes any person who engages in the tending, planting,
preparation, installation, maintenance, managing, mowing, creating
or laying out of lawns, gardens, flower beds, vegetable beds, shrubbery,
trees or landscaping, of every nature and description, on real property
on which such person does not reside.
Includes any individual, association of individuals, firm,
partnership or corporation.
Includes all real property, improved or unimproved, owned
by any person, association of persons, corporation, including municipal
corporations, or otherwise, which is not otherwise defined as a "public
highway" or "public place" herein.
Includes any street open to the public which has been accepted
for dedication by the Town of Ramapo, or has been maintained continuously
by the Town in accordance with the provisions of the Town Law of the
State of New York, for its full width from property line to property
line, including the sidewalk area, if any, whether or not the same
shall have been installed.
Includes any real property available to, or open to use by,
all residents of the Town of Ramapo.
No person who is a landscaper who operates a
business for profit shall conduct any such business and remove any
landscape material of any kind from the premises of any person or
cart or transport the same through or upon any street, avenue, parkway
or highway within the Town unless he shall have first obtained a permit
from the Town Clerk and shall have agreed to conform to the provisions
of this chapter with respect to the conduct of the business of a landscaper,
except that no permit shall be required for:
A.
All landscapers shall apply for a permit, as required
by this section, to the Town Clerk no later than March 1 of any given
year and pay therefor a fee in accordance with the Standard Schedule
of Fees of the Town of Ramapo for each motor vehicle used by the landscaper
in the conduct of his business as a gardener.
[Amended 2-6-2012 by L.L.
No. 2-2012]
B.
With each permit, the applicant shall complete an
application, which shall be filed, in writing, with the Town Clerk
and shall specify the following:
[Amended 2-6-2012 by L.L.
No. 2-2012]
C.
The applicant, moreover, shall attach to his application
for a permit a copy of a valid home improvement license duly issued
by the Rockland County Home Improvement Licensing Board or a certification
that the applicant has fulfilled the licensing requirements set forth
in the laws of Rockland County.
[Added 2-6-2012 by L.L.
No. 2-2012]
D.
Each permit issued pursuant to this section shall
be issued as of the date of the granting thereof and shall expire
on February 28 in the year next succeeding such date, unless sooner
suspended or revoked.
[Amended 2-6-2012 by L.L.
No. 2-2012]
Permits issued pursuant to this chapter shall
not be assignable or transferable. Any vehicle certificate issued
pursuant to this chapter shall be conspicuously affixed to each motor
vehicle and shall not be removed therefrom. Upon the filing of an
affidavit, or such other proof as may be required by the Town Clerk,
a substitute or replacement certificate may be issued, upon the payment
of a fee in accordance with the Standard Schedule of Fees of the Town
of Ramapo.
A.
No landscaper shall operate any power or manual lawn
mower or any other gardening equipment between the hours of 10:00
p.m. and 8:00 a.m., local time, the following day.
[Amended 2-6-2012 by L.L.
No. 2-2012]
B.
Burning of any landscape material is prohibited.
C.
All landscape material shall be removed by the landscaper and disposed of in an authorized manner at an authorized disposal site, except as provided in § 173-8.
D.
No one shall blow or rake leaves, grass or other debris
onto the public highway or right-of-way or onto adjoining property.
As a precondition to the issuance of a permit, a landscaper will be
required to furnish proof that he, she or it has a permit to deposit
leaves, grass clippings and other debris at a duly licensed depository
or has a plan for disposal of leaves, grass clippings or other debris
which has been approved by the Director of the Department of Public
Works.
[Amended 2-6-2012 by L.L.
No. 2-2012]
E.
No one shall spill or dump oil, gasoline or other
petroleum products or any pesticides on the public highway or right-of-way.
No equipment shall be filled or refilled except over a drop cloth
or other device designed to catch and retain any accidental spillage.
[Amended 2-6-2012 by L.L.
No. 2-2012]
During the period from October 1 to December
31 annually, a landscaper holding a permit issued by the Town hired
by a residential property owner may place leaves in Town-approved
biodegradable bags on property adjacent to Town highways for pickup
by the Town unless the landscaper is depositing said leaves in a storage
area on the homeowner's property for purposes of composting or is
mulching said leaves.
The Police Department of the Town of Ramapo and/or the enforcement official as designated in Chapter 376, Zoning, § 376-140 of the Code of the Town of Ramapo shall have the power, right and authority to issue an appearance ticket as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York for the violation of any section or provision of this chapter.
A.
The Town Board may, following a hearing before such
Town Board, revoke the permit or permits granted to any person, firm
or corporation under the authority of this chapter or any law, ordinance,
rule or regulation relating to landscaping.
[Amended 2-6-2012 by L.L.
No. 2-2012]
B.
In addition to any other penalties that may be invoked under this chapter, any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a Class 4 violation as defined in Chapter 1, § 1-15 et seq., of the Revised Code of the Town of Ramapo and shall be punished according to the provisions thereunder. In the case of continuing violation of this chapter, each week that such violation exists shall constitute a separate and distinct Class 4 violation.
[Amended 2-6-2012 by L.L.
No. 2-2012]
C.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action in the name of the Town
in any court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this chapter.
D.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
