[Added 8-22-2005 by L.L. No. 15-2005]
This article shall be known as the "Tree, Shrub
and Brush Removal Law of the Town of Cicero."
The purpose of this article is to regulate the
conduct and business practices of tree removal in the Town of Cicero.
As used in this article, the following terms
shall have the following meanings:
An individual, firm, partnership, corporation or any other
association or legal entity and any principal, agent, contractor or
employee thereof.
The Town Board of the Town of Cicero.
The Town Clerk of the Town of Cicero.
Any person serving at the time as the attorney for the Town
of Cicero.
Any business or service conducted where the person or persons,
in part or in whole, deal with or conduct the cutting and/or removal
of trees, shrubs, brush, weeds, yard waste or any other foliage.
A person or persons, either as principal, agent, contractor,
employee or representative, who engages or proposes to engage in a
tree, shrub or brush removal business.
It shall be unlawful for any person to perform
within the Town of Cicero tree, shrub or brush cutting or removal
business(es) or service(s) as defined in this article, or assist such
a person so acting, without first having obtained and paid for, and
having in full force and effect, a license for such activities as
defined and provided for in this article.
A.
Any person desiring to obtain a tree removal license
as herein provided shall file with the Town Clerk a written application
upon a form furnished by the Town Clerk.
B.
An applicant for a tree removal license shall provide
the following in addition to any other requirements set forth on the
application provided by the Town Clerk:
(1)
The address and telephone number of the applicant's
residence and place of business and duration of time at such address.
(2)
The identity of the company or service represented
by the applicant or by whom the applicant is employed, together with
documents establishing the service or company's principal place of
business, the form of organization, the identity of ownership and
authority of said company or service to do business in the State of
New York. Applicants shall also disclose the identities and the addresses
of shareholders, officers, directors, members, partners or such similar
persons as required by the Town of Cicero.
(3)
A brief description of the nature of the business
and the types of services the company or service performs.
(4)
Satisfactory evidence that the applicant is fully
bonded and insured for the work to be conducted upon the issuance
of a permit under this article.
A.
The licensing provisions of this article shall not
apply to:
(1)
Business conducted pursuant to statute or by order
of any court.
(2)
Business conducted by any discharged member of the
United States Armed Forces who has procured a license issued by the
County Clerk as provided by § 32 of the General Business
Law of the State of New York.
(3)
Business conducted pursuant to contract or authority
with the Town of Cicero for refuse removal services.
B.
Notwithstanding any exemption granted herein, all
persons exempted herein shall, however, file an application with the
Town Clerk claiming such exemption on a form provided by the Town
Clerk before the commencement of any business or transaction described
herein.
C.
This article shall not be construed so as to unlawfully
burden or interfere with interstate commerce.
A.
Upon the filing of the application, the Town Clerk shall, upon approval of such application, issue to the applicant a license in accordance with this article. A license may be refused if the applicant has been convicted of a misdemeanor or felony which, in the reasonable discretion of the Town Clerk, renders the applicant unfit or undesirable to carry on the trade or occupation consistent with a tree removal service or company. No license shall be issued by the Town Clerk until the Town Clerk has had reasonable opportunity to determine the applicant's fitness and in no event prior to the passage of five business days following the day on which the application is received, except that such five day requirement may be waived solely in the Town Clerk's discretion in the event of special or exigent circumstances requiring immediate relief for a town resident. The Town Clerk shall not issue a license to any applicant who is unable to provide satisfactory evidence of insurance as set forth in § 210-41.
B.
No applicant who has been refused a license under
this article or has had a license revoked under this article shall
make any further application for a license for a period of six months
after denial or revocation, and in no event shall reapplication be
made at any time without submission of proof that the reason for prior
refusal or revocation no longer exists.
C.
Any applicant who is refused a license by the Town
Clerk may apply to the Town Board for such license, and the same may
be granted or refused by the Town Board, except as prohibited by Town
Law § 137.
A license shall not be assignable. Any holder
of any license who permits it to be used by any other person or entity,
and any person or entity who uses such license granted to another,
shall each be guilty of a violation of this chapter.
Whenever a license obtained under this article
is lost or destroyed on the part of the licensee, or the licensee's
agent or employee, a duplicate in lieu thereof, under the original
application, may be issued by the Town Clerk, upon the filing with
the Town Clerk of an affidavit setting forth the circumstances of
the loss and what, if any, search has been made for its recovery.
All licenses shall clearly state the type of
vehicle to be used for the tree removal, the types of services rendered,
the Town's designated number of license, the date of issuance and
expiration of the license, the fee paid and the name and address of
the licensee.
A license issued under this article shall be
for such term as requested by the applicant, but in no event for a
term greater than one year from the date of issuance.
Every licensee, while exercising his or her
license, shall carry the license with him or her and shall exhibit
the same upon demand.
The fee for a license granted under this article
shall be in an amount as determined by the Town Board.
A license issued pursuant to this article may
be revoked by the Town Board after a public hearing as provided in
Article 9 of the Town Law.
The Town Clerk shall keep and maintain records
of all applications and all licenses granted under this article, specifying
the number and date of each license, the expiration date of each license,
and the date of revocation of all licenses revoked.
All licensees under this article shall be responsible
for removing and disposing of any and all trees, limbs, shrubs or
brush cut by the licensee. A licensee shall not be permitted to allow
any cut trees, limbs, shrubs or brush to be left on the property from
which they were cut, in any public right-of-way, or curbside for pickup
by the Town. Any violation of this section shall be a violation punishable
in accordance with this chapter.
A violation of the provisions of this chapter shall be an offense punishable as provided in Article IX of this chapter. Violations of this article continuing for more than seven days shall be a separate and additional violation for each week thereafter or portion thereof during which such violation continues.
