[HISTORY: Adopted by the Township Committee of the Township of East Hanover 8-11-2003 by Ord. No. 17-2003. Amendments noted where applicable.]
Use of fertilizers — See Ch. 81.
For the purposes of this chapter, a "landscaper" shall be defined as any person, firm, partnership, corporation or other entity involved in the practice of landscaping for profit which shall include, without limitation, the planting or fertilizing or mowing of lawns or gardens, or the planting or fertilizing or maintenance or cutting of shrubs, bushes, trees or other ornamental vegetation or any combination of the foregoing.
Any person who desires to engage in the practice of landscaping for profit within the Township of East Hanover as defined in § 94-1 above shall first register with the Township on the form provided by the Township and pay a fee.
The applicant shall provide the name, address and telephone number of the firm, its principals and any individuals authorized to represent the applicant, as well as information concerning its vehicles and other equipment. After initial approval, applicant shall be required to provide supplemental information any time new persons are added or previously listed persons leave the firm. Applicant shall, if a licensed pesticide applicator, also provide its commercial pesticide application license number. On forms provided, applicant shall also provide the names and addresses of its customers within the Township of East Hanover and shall, within seven days of the addition or deletion of customers, provide such changes to the Township.
The annual registration fee shall be $50, and the period of registration shall be from April 1 through the following March 31.
No person, firm, partnership, corporation or other entity shall engage the services of a landscaper in the Township of East Hanover unless such landscaper is registered with the Township.
No person, firm, partnership, corporation, franchise or other for-profit entity shall engage in the business of landscaping within the Township unless such person, firm, partnership, corporation, franchise or other entity has first registered with the Township.
All registrations and permits issued under this chapter shall be deemed granted upon the express condition that, in addition to any other sanction or penalty, the Township may, after due notice by personal service or regular or certified mail and after a due process hearing before the Township Administrator, suspend or revoke the registration of any person or entity for violating any provision of this chapter.
The Township may also suspend temporarily, pending a hearing or notice thereof, any such registration when deemed by the Health Officer to be immediately necessary to prevent emergent danger to the public welfare. Any such temporary suspension without a hearing shall be for a period not to exceed 10 days.
Any person, firm, partnership, corporation, franchise or other entity who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $1,250 or 90 days in jail, or both. At the discretion of the court, a first offender may be subject to community service for a period not to exceed 90 days in lieu of fine. Second offenders shall be subject to a fine of not less than $100, and it is the intent of the Township Council that chronic violators be subjected to continually escalating penalties.
The penalty provisions of this section shall be in addition to any revocation or suspension of registration or permit as provided for in § 94-4A.
Each incident or violation (as measured on a daily basis) shall be considered a separate offense.