[HISTORY: Adopted by the Mayor and Council of the Borough of Essex Fells 6-15-2021 by Ord. No. 2021-1047. Amendments noted where applicable.]
A. 
The purpose of this section requiring registration by individuals or companies engaged in landscaping and tree removal is to ensure that persons defined in § 172-2 are cognizant of the Borough's regulations concerning the Borough's stormwater protection, noise, quality of life, tree protection, and vegetative waste disposal regulations. Nothing in this section shall relieve any owner, lessee or tenant of his or her responsibility to comply with the requirements of the Borough's ordinances.
B. 
No person shall landscape or engage in any landscaping or tree removal on any public or private property within the Borough for hire without first registering with the Municipal Clerk, on forms to be supplied by the Borough.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present text include the future, words in the plural number include the singular and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
FOR HIRE
To demand and/or accept payment or compensation for completion of services.
LANDSCAPE AND LANDSCAPING
To be in the business, occupation or trade of adorning or improving any property or portion of property by trimming or cutting grass or shrubs; by planting, installing or removing leaves, branches, grass, flowers, mulch, hedges or shrubs; or by planting, removing or installing trees. As used in this section, "landscape and landscaping" shall also refer to solicitation of the above-referenced services.
PERSON
Any individual or entity whose existence is recognized by law, including, but not limited to, any partnership, corporation, limited liability company, firm, association, or any combination of the foregoing.
TREE REMOVAL
The actual removal of trees, or direct or indirect actions resulting in the effective removal of trees through damage or poison, or similar actions directly or indirectly resulting in the death of trees.
A. 
At the time of registration, applicants shall provide proof that they have received a copy of and will comply with the provisions of the Borough's ordinances, including but not limited to stormwater protection, noise, quality of life and tree protection and vegetative waste disposal regulations.
B. 
Every registration shall be issued and renewed on an annual basis, effective February 1 of each year, upon payment of an annual fee to the Borough in the amount of $50 for two tags. Additional tags shall be furnished at a cost of $10 each at the time of registration; the cost of replacements (or after registration) for lost or stolen tags shall be $25 each.
C. 
No registration shall be required of any owner, lessee or tenant of real property who shall personally perform activities otherwise requiring a registration; except that all such work must otherwise comply with the Borough's ordinance.
D. 
The Borough Council may, upon recommendation of the Borough's Tree Liaison or Borough Superintendent of Public Works, or designee of one or both, after notice and an opportunity for a hearing, suspend or revoke any registration for violation of law or related Borough ordinances, or for good cause, which is shown to be prejudicial to the public health, safety or welfare. When the Borough Tree Liaison or Superintendent of Public Works, or designee of one or both, has reasonable cause or belief that an emergency affecting the public health, safety or welfare so requires, said official may temporarily suspend any registration for a period not to exceed one week or until the Borough Council can be convened to consider said suspension.
E. 
The Borough makes no guarantee or representation regarding the fitness, knowledge or qualification of any person that is registered by the Borough to engage in landscaping for hire.
A. 
Any person(s), firm(s), or corporation(s) who violates any provision of this section shall, upon conviction thereof in Municipal Court, be punished by imposition of the penalties as stated in Chapter 1, § 1-24, of the Revised General Ordinances of the Borough of Essex Fells.
B. 
Each instance of engaging in a separate regulated activity, in violation of this section, including specifically each tree removed, shall be deemed a separate offense.
C. 
In addition, the Borough may institute civil action for injunctive or other relief to enforce the provisions of this section, including requiring the replacement of all trees illegally removed and/or, at the option of the Borough, the payment of a contribution to allow equivalent mitigation on public land.