Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amherst 3-16-1992 by L.L. No. 5-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 151.
Solid waste — See Ch. 169.
Trees — See Ch. 179.
Zoning — See Ch. 203.
This chapter shall be known and may be cited as the "Amherst Landscapers Law."
As used in this chapter, the following terms shall have the meanings indicated:
LANDSCAPE MATERIAL
All grass, weeds, brush, leaves, flowers, shrubs, limbs up to six inches in diameter and six feet in length, small stumps not to exceed 24 inches in diameter and four feet in length.
[Amended 1-19-1999 by L.L. No. 3-1999]
LANDSCAPER
Any person providing services of planting, trimming or cutting of bushes, shrubs, flowers, vegetables, trees or grass for which a contract or agreement has been established on other than his own property.
PERSON
Any individual, firm, partnership, association or corporation.
PRIVATE PROPERTY
All real property, improved or unimproved, owned by any municipal corporation, person or otherwise and which is not included in the definitions of "public highway" and "public place."
PUBLIC HIGHWAY
Any street open to the public for its full width from property line to property line, including the sidewalk area, whether or not installed.
PUBLIC PLACE
All real property available to or open to use by all residents of the Town of Amherst outside the corporate limits of the Village of Williamsville.
No person who is a landscaper shall conduct any such activities or remove any landscape material of any kind from the premises of any person or transport the same through or upon any street, avenue, parkway, road, boulevard or highway within the Town of Amherst, outside the corporate limits of the Village of Williamsville, unless he shall have first obtained a permit from the Town Clerk and shall have agreed to conform to the provisions of this chapter.
A. 
All landscapers shall apply to the Town Clerk for a permit upon forms to be furnished by said Town Clerk and pay a permit fee as set by the Town Board and published in said Town Clerk's office. In addition to the basic permit fee, there shall be paid to the Town Clerk a vehicle certification fee as set by the Town Board and published in said Town Clerk's office for each motor vehicle, including trailers, in excess of one which is to be used in furtherance of the landscape business.
[Amended 1-19-1999 by L.L. No. 3-1999]
B. 
The permit application shall specify the following:
(1) 
The name, address and telephone number of the landscaper.
(2) 
The name, address and telephone number of each principal partner or corporate officer of the landscaper.
(3) 
The make, serial number, license number and load capacity of each motor vehicle, including trailers, to be utilized by the landscaper for which a vehicle certificate shall be issued.
C. 
Each permit issued pursuant to this section shall be issued as of the date of the granting thereof and shall expire on December 31 in the year in which the permit is issued.
D. 
Permits shall not be assignable or transferable. Vehicle certificates issued pursuant to this chapter shall be conspicuously affixed to each motor vehicle or trailer and shall not be removed therefrom.
E. 
Certificates for motor vehicles shall be placed on the driver's side door, below the side-view mirror.
F. 
Certificates for trailers shall be placed on the tongue or hitch.
G. 
The vehicle certificate shall be unobstructed and readable from a distance of not less than 10 feet.
H. 
A substitute or replacement certificate shall be issued upon the payment of a fee as set by the Town Board and published in the Town Clerk's office for each replacement upon the filing of an affidavit or such other proof as may be required by the Town Clerk.
[Amended 1-19-1999 by L.L. No. 3-1999]
[Amended 1-19-1999 by L.L. No. 3-1999]
A. 
A licensed landscaper who has secured a permit as prescribed herein and is using a certificated vehicle shall be authorized to use the Town of Amherst compost facility for the disposal of landscape material. The permit holder shall secure tipping fee disposal tickets from the Town Clerk.
B. 
Tipping fees and finished material prices. The Town Board shall review fees and prices on a yearly basis. Current fee and price structures shall be posted in the Town Clerk's office and at the compost facility.
A. 
Landscape material for disposal at the Town of Amherst compost facility shall not be bagged or contain any foreign objects such as stone, brick, concrete, plastic or metal.
B. 
During the period from October 1 through December 15, annually, there will be no tipping fee for leaves and grass delivered to the compost facility.
[Amended 12-19-1994 by L.L. No. 6-1994; 1-19-1999 by L.L. No. 3-1999]
C. 
The burning of landscape material is prohibited.
D. 
All landscape material, if removed from the serviced property by the landscaper, shall be transported to the Town of Amherst compost facility for disposal except as herein provided.
E. 
The landscaper may leave landscape material at the serviced property, upon the approval of the property owner, provided that the landscape material is placed in proper containers for Town collection. The landscape material shall not be placed at the curbside of the serviced property unless regular scheduled garbage and refuse collection will take place within 24 hours from the time of its placement.
F. 
The placing of landscape material on public highways, public places or private property is prohibited, except as hereinafter provided.
G. 
During the period of October 15 through December 1, annually, leaves only may be placed within the highway right-of-way adjacent to the travel portion thereof.
[Amended 3-21-2011 by L.L. No. 2-2011]
[Amended 1-19-1999 by L.L. No. 3-1999]
This chapter shall be enforced by the Refuse Control Department, the Amherst Police Department, the Engineering Department and such other departments or persons as may be designated by the Town Board of the Town of Amherst.
A. 
The Town Clerk may revoke a landscaper's permit for violating any provisions of this chapter.
B. 
In addition to a permit revocation by the Town Clerk, a violation of any provision of this chapter by a person shall be deemed an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both.