[HISTORY: Adopted by the Board of Trustees of the Village
of Garden City 2-15-2022 by L.L. No. 2-2022. Amendments noted where
applicable.]
All persons over the age of 18 years of age, companies or corporations
who perform any landscaping functions in the Village of Garden City
(collectively referred to as "landscapers") shall be licensed and
obtain a permit in accordance with this chapter. A property owner
or occupant may perform landscaping functions without a license and/or
permit on the property owner's own property. A fee for such license
and permit is to be set by the Board of Trustees and may be changed
from time to time by resolution. Licenses and permits issued will
expire on December 31 of each year.
For the purpose of this chapter, the landscaping functions shall
include but are not limited to the weeding, cultivation, seeding,
planting, cutting, trimming, pruning, and maintenance of grass, shrubs,
plants, trees or other foliage. Landscaping functions shall not include
the application of pesticides, insecticides, fungicides, fertilizers,
or rodenticides, as applications of these items are governed by New
York State.
No landscaper shall perform any landscaping functions within
the Village of Garden City without first obtaining a license and permit
from the Village Clerk and Nassau County Consumer Affairs. All landscaping
work by an unlicensed and un-permitted landscaper is prohibited. No
property owner or occupant shall permit any unlicensed landscaper
to perform any landscaping function on his or her property. Licenses
shall be obtained by the proprietor of the landscape business or by
a corporate officer.
A.
Any landscaper desiring a license by this chapter shall make application
on forms prescribed by the Village Clerk of the Incorporated Village
of Garden City (or his or her designee) and by the Nassau County Consumer
Affairs.
C.
Pursuant to the New York State Workers' Compensation Law, landscapers
are required to submit proof of worker's compensation and disability
insurance. If the business is not required to have such insurance,
a proper affidavit (form WC/DB100) stamped "Received" by the Workers'
Compensation Board must be submitted with the application. Failure
to maintain this coverage (or exemption) will result in the license
issued by the office of the Village Clerk being null and void immediately
upon expiration or termination of the required insurance, without
further notice to the licensee.
All licenses issued pursuant to this chapter applicable to the
Village of Garden City shall expire on the last day of December in
the year in which they have been issued. All applicants whose license,
from the Village of Garden City and the Nassau County Consumer Affairs,
that have expired shall (in order to lawfully conduct business in
Garden City) subsequently re-apply for a valid license to each entity.
Village Clerk shall register all landscapers that have been
issued a license to perform landscaping services within the confines
of the Village.
Each applicant 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. Additional decals for additional vehicles and/or
trailers owned by and used by the same company may be purchased for
a fee to be set by the Board of Trustees.
A.
Landscaping work may only be performed by landscapers during the
hours of 8:00 a.m. through 8:00 p.m., Monday through Friday, and after
9:00 a.m. and before 8:00 p.m. on Saturday and Sundays.
B.
Except for the authorized seasonal leaf pick up, no licensee shall
place or scatter, nor in using any mechanical or electrical blower,
cause to be placed or scattered, any garbage, refuse or cuttings,
leaves or other waste materials on any public highway or public property.
Any fertilizers or lawn treatment substances must be swept off sidewalks,
driveways and curbs and not swept or blown into the street. All waste
and/or debris (including leaves, weeds or other growths) shall be
removed from the property by the landscaper collecting same from the
property.
C.
No landscaper, nor any person employing a landscaper, shall spill
or dump oil, gasoline or other petroleum products on the public highway
or right-of-way or on the ground. No equipment shall be filled or
refilled except over a drop cloth or other device designed to catch
and retain any accidental spillage.
D.
The Superintendent of Public Works is hereby authorized to promulgate
such other reasonable rules and regulations as may be in the public
interest and consistent with the intent of this legislation.
Each and every violation of any provision of this chapter or
of any of the rules and regulations promulgated hereunder shall be
punishable by a mandatory fine of $500 for the first offense, $500
for the second offense, and a $1,000 fine for every offense thereafter.
Any license or permit granted pursuant to this section may be
suspended or revoked by the licensing officer, as designated pursuant
to this chapter, after a public hearing.
The licenses issued pursuant to this chapter or a photocopy
signed by the licensee shall be at all times in the actual possession
of the person performing the work at the site.
A.
No person shall operate or cause, suffer or permit to be operated
any power gardening or lawn-maintenance equipment or tool in the Village
before 8:00 a.m. and/or after 8:00 p.m. Monday through Friday, nor
before 9:00 a.m. and/or after 8:00 p.m. on Saturday and/or Sunday.
B.
No person shall operate any gas powered leaf blower, at any time
during the time period from the Saturday before Memorial Day through
Labor Day. The Mayor may temporarily waive this prohibition in the
event of a severe weather condition.
