[HISTORY: Adopted by the Board of Trustees
of the Village of Old Westbury 4-22-1985 by L.L. No. 2-1985.
Amendments noted where applicable.]
[Amended 11-15-1999 by L.L. No. 9-1999; 1-17-2012 by L.L. No. 1-2012]
Except as provided herein, all persons, companies
or corporations (collectively referred to as "landscaper"), who perform
any landscaping functions in the Village of Old Westbury, whether
operating as a business or operating individually, shall be licensed
in accordance with this chapter. In addition, each vehicle and truck,
used in connection with any landscaping business conducted within
the Village, shall be required to have a landscaping permit sticker
affixed to the front windshield of the vehicle or truck. Landscaping
functions may be performed without a license by the owner or occupant
of the property on which the work is being performed or by part-time
laborers or property caretakers hired by a property owner or occupant.
Landscaping functions may also be performed without a license on property
used by country clubs or not-for-profit institutions, provided that
such work is performed by the employees of the club or institution.
For purposes of this chapter, a landscaping
function shall include but is not limited to the cultivation, fertilization,
seeding, planting, cutting, trimming, pruning or maintenance of grass,
shrubs, plants, trees or other foliage.
No landscaper shall perform any landscaping
function within the Village of Old Westbury without first obtaining
a license to do so from the Village Clerk. All landscaping work by
an unlicensed landscaper is hereby 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 landscaping business or by a corporate officer.
[Amended 5-20-1985 by L.L. No. 3-1985]
Any landscaper desiring a license required by
this chapter shall make application on forms prescribed by the Village
Clerk.
[Amended 11-15-1999 by L.L. No. 9-1999; 5-16-2016 by L.L. No. 4-2016]
[Amended 11-15-1999 by L.L. No. 9-1999]
A.
All licenses and permit stickers issued pursuant to
this chapter shall expire on the last day of December in the year
in which they have been issued.
B.
Licenses may be renewed upon payment of an annual
fee of $100 before February 1 of the year proceeding the expiration
of the license. Licensees that fail to submit a timely application
for renewal shall be required to pay annual fee of $100 and an additional
renewal late fee of $50.
C.
Permit stickers may be renewed upon payment of an
annual fee of $10 before February 1 of the year proceeding the expiration
of the permit sticker.
[Amended 5-20-1985 by L.L. No. 3-1985; 6-19-2017 by L.L. No. 8-2017]
The following rules and regulations shall apply:
A.
The application of pesticides and insecticides by anyone by means
of engine-powered spraying or dusting devices shall not take place
prior to 8:00 a.m. on any day that landscaping work is permitted,
and the applier shall give such notice as shall be required by the
rules and regulations to the Village Clerk or his designee and to
all occupants of abutting properties, unless such property is more
than 200 feet from the area in which the spray is to be applied. All
such chemicals shall be contained within the property.
B.
No landscaper shall perform landscaping work on Sunday or any federal
holiday, unless the Chief of Police or the Mayor grants permission,
in writing, to perform the work.
C.
Landscaping work may be performed by landscapers only during the
hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, and 9:00
a.m. through 5:00 p.m. on Saturday, excluding any federal holiday
unless otherwise permitted by the Chief of Police or the Mayor in
writing.
D.
No one shall abandon, blow, dump, deposit, discard, leave, or rake
leaves, grass or other debris onto the public highway or right-of-way
or onto adjoining property. As a precondition to the issuance of a
license, a landscaper will be required to furnish proof that he, she
or it has a permit to deposit leaves, grass clippings and other debris
at a duly licensed depository.
[Amended 3-16-2020 by L.L. No. 3-2020]
E.
No one shall spill or dump oil, gasoline or other petroleum products
or any pesticides on the public highway or right-of-way or anywhere
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.
F.
All work shall be performed in accordance with the laws, ordinances
and rules and regulations of the United States, New York State, Nassau
County and the Village of Old Westbury. Every applicant for a license
shall review the applicable laws, ordinances, rules and regulations
and shall so state that the applicant and all of its employees are
familiar with such prior to the issuance of any license.
H.
No landscaper shall be permitted to burn any materials on any property
within the Village.
I.
The Board of Trustees may promulgate, by resolution, such additional
rules and regulations as it deems necessary to further the purposes
of this chapter.
[Amended 12-16-2013 by L.L. No. 2-2013; 3-16-2020 by L.L. No. 3-2020]
Each and every violation of any provision of
this chapter or of any of the rules and regulations promulgated hereunder
shall be punishable by fine of not less than $1,000 and no more than
$5,000.
In addition to the penalties set forth in § 128-8, the Board of Trustees may revoke or suspend any license issued pursuant to this chapter after notice to the licensee and after a duly noticed public hearing. The Board of Trustees may take such action if, in its discretion, such action is warranted due to the licensee's deliberate or willful disregard of the standards imposed by this chapter or by any other Village, county, state or federal law or due to two or more violations of this chapter or any other law.
The license issued pursuant to this chapter,
or a photocopy signed by the licensee, shall be in the actual possession
of the person performing the work at the site.
Any review of the revocation of any license
by the Building Inspector shall be pursuant to Article 78 of the Civil
Practice Law and Rules.
