[HISTORY: Adopted by the City Council of
the City of Hackensack 5-2-1955 by Ord. No. 582; amended and revised 10-5-1959 (Ord. No. 717) as Ch. 3, Article VII, of the 1959 Revised Ordinances.
Amendments noted where applicable.]
[Amended 2-21-1978 by Ord. No. 4-78; 7-2-1990 by Ord. No.
14-90; 12-20-2004 by Ord. No. 15-2004[1]; 1-29-2019 by Ord.
No. 58-2018]
A.
No person over the age of 16 shall engage in the business of gardening,
landscaping, tree expert, tree surgeon, the sale of Christmas trees
or similar pursuit or, hire themselves out for the doing of any such
work, without first having obtained a license therefor from the Chief
of Police. Effective March 1, 2019 and thereafter, all such licenses
shall be issued by the City Clerk.
B.
No person over the age of 16 shall engage in the business of commercial snow removal, or hire themselves out for the doing of any such work, without first having obtained a license therefor from the Chief of Police. Effective March 1, 2019 and thereafter, all such licenses shall be issued by the City Clerk. For the purposes of this chapter, the term "commercial snow removal business" shall be defined as the undertaking, for a consideration, of the removal or clearance of snow from the property of another, with the use of a vehicle designed for, or adapted to, perform such task. The fee for said annual license shall be equal to the fee imposed for landscapers pursuant to the schedule set forth at § 107-28 of this Code.
[1]
Editor's Note: This ordinance also provided
for the amendment of this chapter title from "Gardeners, Landscapers
and Horticulturists" to "Gardeners, Landscapers, Horticulturists,
and Those Engaged in Commercial Snow Removal Business."
[Amended 1-29-2019 by Ord. No. 58-2018]
A.
This chapter shall not apply to any person who operates, at a fixed
location within the city, any garden supply or florist shop, commercial
nursery or greenhouse or similar type of business, nor to any agent
or employee of such person.
B.
This chapter shall not be applicable to any person authorized by the State of New Jersey by license or otherwise to conduct any of the businesses or operations regulated under this chapter, except for the regulations governing landscapers established by § 94-9 of this chapter, which shall be generally applicable to all landscapers regardless of any authorization from the state.
[Amended 1-29-2019 by Ord. No. 58-2018]
The City Clerk shall have the power to grant the licenses required
by this chapter. The City Clerk shall consult with the Chief of Police
and other City officials to the extent necessary to ensure compliance
with all of the provisions of this chapter before issuing any license.
[Amended 4-15-1974 by Ord. No. 1-74]
A.
The fee for the license required by this chapter shall be as set forth in Chapter 107, Licenses and Permits, which fee is hereby declared to be for the purpose of defraying the cost of the enforcement of this chapter and not solely for the purpose of revenue.
[Amended 4-15-1974 by Ord. No. 1-74]
B.
All licenses issued under this chapter shall expire on May 31 of
each year. Upon expiration of the license, the holder shall surrender
the license card forthwith to the City Clerk.
[Amended 1-29-2019 by Ord. No. 58-2018]
A.
License cards issued under this chapter shall specify
the age, height, weight, place of birth, marital status, length and
place of residence of the licensee, statement of any previous arrests
or convictions for crime and the name and address of employer, if
any. In addition, there shall appear on the face of the license card
a small photograph of the licensee.
B.
All licensees shall carry in their possession the license card issued
pursuant to this chapter at all times during which they are engaged
in the work of landscaping, gardening or similar pursuit, or soliciting
such work, and shall exhibit the same to their employer or to any
member of the Police Department or other enforcement authority of
the City upon request.
[Amended 1-29-2019 by Ord. No. 58-2018]
[Amended 4-15-1974 by Ord. No. 1-74]
A.
No licensee under this chapter shall make any false
promise or willful misrepresentation in connection with the business
or operation licensed, nor shall any licensee, in describing the services
to be rendered by him, either by an act of commission or omission,
knowingly misrepresent the nature of such services.
B.
No licensee shall conduct himself or herself other than in a courteous,
honest and lawful manner at all times. Licensees shall take all reasonable
efforts to minimize the impact of their operations upon the community
at large, including mitigating noise and pollution to the extent reasonably
practicable.
[Amended 1-29-2019 by Ord. No. 58-2018]
[Added 1-29-2019 by Ord.
No. 58-2018]
A.
DOMESTIC POWER EQUIPMENT
LANDSCAPER
LANDSCAPING
MOTORIZED LANDSCAPING EQUIPMENT
RESIDENTIAL PROPERTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any hand-held equipment or device used for routine home or
building repairs or grounds maintenance, including lawn mowers, pool
pumps, sanding tools, snow removal equipment, chainsaws or similar
power equipment used for home or grounds maintenance.
[Added 5-10-2022 by Ord.
No. 22-2022]
Any person who engages in the business of landscaping.
Commercial lawn and yard maintenance involving the cutting
of grass, the removal of leaves or weeds, the trimming of hedges,
or related general lawn and yard care maintenance activities, which
is performed in exchange for compensation.
A machine that uses a motor, engine or other nonliving power
source that is utilized in cutting grass, the removal of leaves or
weeds, the trimming of hedges, or related lawn and yard care activities,
including, but not limited to, leaf blowers, riding or push lawn mowers,
or hedge or weed trimmers.
A one- or two-family dwelling, regardless of whether the
dwelling is currently occupied.
B.
Between September 1 and June 30 of each year, no landscaper shall engage in landscaping prior to 8:30 a.m. on weekdays, including preparatory work such as the loading or unloading of motorized landscaping equipment necessary to perform such activity. All landscaping work shall cease no later than 8:00 p.m. on any day during the year, and between 6:00 p.m. and 8:00 p.m. only domestic power equipment may be utilized. All landscaping activities shall further comply with the City of Hackensack's noise ordinance as set forth in Chapter 112 of the Code of the City of Hackensack.
[Amended 5-10-2022 by Ord. No. 22-2022]
C.
No landscaper shall store motorized landscaping equipment or the
fuel for motorized landscaping equipment on a residential property
where it is visible to the general public; and/or it is stored within
50 feet of the property line of another residential property. This
provision does not apply when the motorized landscaping equipment
is needed to perform work on the premises of the residential property
and only so long as it is necessary to perform such work and while
such work is being actively performed. The foregoing is in addition
to any other requirement established by the Code of the City of Hackensack
or other applicable law or regulation.
D.
No landscaper shall fuel, clean or perform any maintenance on any
motorized landscaping equipment on the premises of a residential property,
except as specifically necessary to perform work on the premises of
that residential property.
E.
These regulations shall not apply to the owners or renters of residential
property, who are performing noncommercial landscaping work on the
property they own or lease only.
F.
Nothing in these regulations shall supersede any zoning requirement
or regulation contained in the Code of the City of Hackensack that
may be applicable to the operations of landscapers in residential
zones.
G.
These regulations shall become effective on March 1, 2019, except
for those landscapers holding an existing license to perform landscaping
within the City that extends beyond March 1, 2019. For such existing
license holders these regulations shall become effective on the expiration
date of the existing license and be in full force and effect after
that date.
H.
Penalties. Any person who violates the provisions of this section shall be subject to the penalties established by § 1-15 of the Code of the City of Hackensack, except that the minimum fine imposed shall be $100 per violation. Any person who is convicted of violating this section within one year of the date of a previous violation and was fined for the previous violation shall be sentenced to an additional fine as a repeat offender. Any person who violates the provisions of this section three or more times in any 365-day period shall also be subject to having his or her license to perform landscaping revoked, pursuant to the procedures established in Article VII of Chapter 107, Licenses and Permits, of the Code of the City of Hackensack.
[Amended 5-10-2022 by Ord. No. 22-2022]
