[HISTORY: Adopted by the Township Committee
of the Township of East Hanover 8-11-2003 by Ord. No. 17-2003. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
The annual registration fee shall be $50, and the
period of registration shall be from April 1 through the following
March 31.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Each incident or violation (as measured on a daily
basis) shall be considered a separate offense.
