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:
PERSON
An individual, firm, partnership, corporation or any other
association or legal entity and any principal, agent, contractor or
employee thereof.
TOWN COUNSEL
Any person serving at the time as the attorney for the Town
of Cicero.
TREE REMOVAL BUSINESS
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.
TREE REMOVAL PERSONNEL
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 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.