[HISTORY: Adopted by the Board of Trustees of the Village
of Stewart Manor 6-2-1992 by L.L. No. 1-1992; amended in its entirety 10-6-2014 by L.L. No.
4-2014. Subsequent amendments noted where applicable.]
This chapter and all provisions of this chapter shall be known
and may be cited as the "Landscape Gardening Control Law of the Village
of Stewart Manor."
It is the finding of the Board of Trustees that the provisions
of this chapter are necessary and desirable to regulate and control
the enterprise of commercial landscape gardening and to generally
regulate certain landscaping, gardening or groundskeeping activities
and services which pose a potential or actual risk of noise, odors
or other nuisance or which might otherwise impair or disturb the public
health, safety, peace, welfare and good order of the community. It
is the intention of this chapter to license certain persons engaged
routinely in the trade or occupation of commercial landscape gardening
and to limit, regulate or prohibit related activities by any person
which, if left unregulated, would tend to create or encourage public
or private nuisances, noise or other environmental pollution or disturbance
of the public peace and order.
For purposes of this chapter, the following words and phrases
shall have the meanings ascribed:
The business or trade of rendering any landscaping, gardening
or groundskeeping services, as defined herein, either as principal
independent contractor or through an agent or employee, for a fee,
charge or other compensation, to or for the benefit of any owner,
tenant or occupant of lands, grounds or buildings.
The tilling, sowing, cultivation, trimming, fertilization,
pruning, cutting, shaping, treatment, spraying or other maintenance
and care of any lawn, tree, flower, sod, shrub, bush, plant or other
flora on any lot or parcel of land.
The cleaning of any lot, plot or parcel of land by means
of gathering and removing weeds or any fallen, diseased, dead or discarded
tree limbs, branches, brush, leaves, grass or lawn clippings, fruit
or flower waste or other plant waste and any litter, dirt, debris,
rubbish or other refuse or waste present or engendered on or about
the premises.
The planting, arranging, placing or removal of any lawns,
sod, trees, flowers, shrubs, bushes or other flora on any lot, plot
or parcel of land, for a planned design or purpose or to achieve some
aesthetic effect.
A.
It shall be unlawful for any person to engage in or practice the
trade or business of commercial landscape gardening within the corporate
limits of the Village without having first obtained and having in
full force and effect a license for such purpose issued pursuant to
the requirement of this chapter.
B.
Every truck, dump truck, van or other motor vehicle and every trailer, container or other towable device owned, leased or otherwise used by any person engaged in the trade or business of commercial landscape gardening, except those persons exempted under Subsection C, shall have an accessory vehicle permit, required by this chapter, firmly affixed to such vehicle or device at all times that such vehicle or device is located and used in the Village in the course of such trade or business.
C.
Notwithstanding the provisions of Subsection A hereinabove, the following persons shall be exempt from the licensing requirements of such subsection:
(1)
Any person engaged in such trade or business as the employee or agent
of a person licensed under this chapter while the employee or agent
is under the actual direction, supervision and control of his employer.
(2)
Any person engaged in such trade or business or such person's
actual employees or agents pursuant to a contract or subcontract for
such services with any federal, state or local governmental agency
or authority.
(3)
Any person engaged solely in the business of landscape engineering
or garden planning who does not perform any of the functions heretofore
described under the definition of "gardening," "groundskeeping" or
"landscaping."
Every person desiring to procure a license and/or accessory vehicle permits required by this chapter shall file written application and copies of all other necessary documents and shall pay all fees and charges therefor with the Village Clerk in the amounts as set forth in the current Village Fee Schedule (See Chapter 83, Fees.) for a landscaper permit and for each vehicle permit.
A.
Persons licensed pursuant to this chapter shall at all times keep
a copy of such license on his person and/or at the site at which such
person is rendering any landscaping, gardening or groundskeeping services
and shall immediately produce such copy for inspection by any person
lawfully requesting the production of the same, including but not
limited to any place or police officer and any inspector, official,
officer or employee of the Village or other government agency or authority.
B.
Every motor vehicle and towable device required to have an accessory
vehicle permit pursuant to this chapter shall also have the name,
trade name or other business name of the permit holder, together with
the business address and phone number of the same, plainly, legibly
and conspicuously painted or imprinted in letters and figures each
at least two inches in height and at least one inch in width on each
side of every such motor vehicle or towable device whenever the same
is located and used within the corporate limits of the Village.
No person, whether or not licensed, required to be licensed
or otherwise exempt from licensure under the provisions of this chapter,
shall:
A.
Commence or continue the performance of any landscaping, gardening
or groundskeeping services, except from Monday through Friday, 8:00
a.m. to 6:00 p.m., and on Saturday from 9:00 a.m. to 3:00 p.m., and
Sunday, 12:00 p.m. to 3:00 p.m., prevailing time, and no holidays.
B.
Use any gas, diesel, electric or other machine or device which emits
noise and fumes in the performance of any landscaping, gardening or
groundskeeping services unless such device is affixed with a muffler
and emissions control device manufactured and originally installed
on such machine or device by the manufacturer or distributor of such
equipment.
C.
Use any air blower or similar device to move, scatter, gather, disperse
or place any dirt, soil, plant waste, lawn or grass clippings, litter,
debris or other refuse of any kind in, on or upon any public street,
sidewalk or other public place or in or upon the private lands or
private property of any person without the prior authorization and
consent of the governing authority or the owner of such public street,
sidewalk or public place or the owner of such private lands or property;
and in any such event, all such materials shall immediately be gathered
and placed in sealed receptacles designed and intended to hold the
same and removed and disposed of at the cost and expense of the person
performing such service or activity.
A.
Any person, association, firm or corporation which violates any provision
of this chapter or assists in the violation of any provision of this
chapter shall be guilty of a violation of this chapter only and shall
be punishable as follows:
(1)
By a fine of not more than $2,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a first offense.
(2)
By a fine of not more than $5,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a second offense,
provided the first and second offenses were committed within a period
of five years of each other.
(3)
By a fine of not more than $10,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of the third or subsequent
offense or a series of offenses, all of which were committed within
a period of five years.
B.
Each week's continued violation shall constitute a separate
additional violation of this chapter.
