[HISTORY: Adopted by the Board of Trustees of the Village
of Sands Point as indicated in article histories. Amendments noted
where applicable.]
Article I Landscapers
§ 103-1 License and vehicle permit sticker required.
§ 103-2 Exemptions.
§ 103-3 Activities regulated.
§ 103-4 Work done without license prohibited; responsibility for license.
§ 103-5 Fees.
§ 103-6 Expiration of license and permit sticker; renewal.
§ 103-7 Rules and regulations.
§ 103-8 Penalties for offenses.
§ 103-9 Revocation and suspension of license.
§ 103-10 License to be in possession of person performing work.
§ 103-11 Proof of insurance.
§ 103-12 Procedure for review of actions revoking license.
Article II Irrigation Contractors
§ 103-13 through § 103-19. (Reserved)
§ 103-20 Definitions.
§ 103-21 License required.
§ 103-22 Exemptions.
§ 103-23 Work done without license prohibited; responsibility for license.
§ 103-24 Fees.
§ 103-25 Expiration of license; renewal.
§ 103-26 Penalties for offenses.
§ 103-27 Revocation and suspension of license.
§ 103-28 License to be in possession of person performing work.
§ 103-29 Proof of insurance.
§ 103-30 Procedure for review of actions revoking license.
§ 103-31 Forms; rules and regulations.
[Adopted 12-20-2011 by L.L. No. 2-2012]
§ 103-1 License and vehicle permit sticker required.
Except as provided herein, all persons, companies or corporations
(collectively referred to as "landscaper") who perform any landscaping
functions in the Village of Sands Point 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 and displayed
on the driver's side of the vehicle or truck.
§ 103-2 Exemptions.
A.
Landscaping functions may be performed without a license as follows:
(1)
By the owner or occupant of the property on which the work is being
performed.
(2)
On property used by country clubs or not-for-profit institutions,
provided that such work is performed by the caretakers or employees
of the club or institution where such work is performed.
(3)
By caretakers and employees who regularly reside at the property
where such work is performed.
(4)
By any person (excluding any firm, association or corporate entity)
who does not utilize motor vehicles in connection with performing
such work and is not ordinarily engaged in the business of providing
professional landscaping services.
B.
In addition, commercial nurseries or growers that deliver plant stock
to properties within the Village of Sands Point shall not be deemed
to be performing landscaping functions within the scope of this law,
and thus, do not require a license or permit.
§ 103-3 Activities regulated.
For purposes of this chapter, a landscaping function shall include,
but not be limited to, the cultivation, fertilization, seeding, planting,
cutting, trimming, pruning or maintenance of grass, shrubs, plants,
trees or other foliage.
§ 103-4 Work done without license prohibited; responsibility for license.
No landscaper shall perform any landscaping function within
the Village of Sands Point without first obtaining a license to do
so from the Village Clerk. All landscaping work by an unlicensed landscaper
is hereby prohibited. Licenses shall be obtained by the proprietor
of the landscaping business or by a corporate officer.
§ 103-5 Fees.
§ 103-6 Expiration of license and permit sticker; renewal.
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 via mail or at Village Hall upon payment
of an annual fee of $200 before February 1 of the year succeeding
the expiration of the license. Licensees that fail to submit a timely
application for renewal shall be required to pay the annual fee of
$200 and an additional renewal late fee of $50.
C.
Permit stickers may be renewed upon payment of an annual fee of $25
for each landscaping permit sticker.
§ 103-7 Rules and regulations.
A.
Landscapers shall comply with all state and local laws, rules and
regulations in connection with the use and application of pesticides
and insecticides.
B.
No landscaper shall perform landscaping work on Sunday.
C.
Landscaping work may be performed by landscapers only during the
hours of 8:00 a.m. through 6:00 p.m., Monday through Friday, except
on holidays, and 9:00 a.m. through 2:00 p.m. on Saturday. Notwithstanding
the foregoing, the only landscaping work that shall be permitted to
be performed by landscapers on Saturdays shall be such work that does
not involve the use of power equipment that creates noise, which equipment
includes, but is not limited to, leaf blowers, leaf vacuums, lawn
mowers, lawn or sidewalk edging machines, rototillers, chain saws,
log splitters, wood-chipping machines, and truck-borne spraying equipment,
subject only to the following exceptions under which power equipment
may be utilized on Saturdays from 9:00 a.m. to 2:00 p.m.:
[Amended 5-22-2012 by L.L. No. 4-2012; 2-24-2015 by L.L. No.
1-2015]
(1)
At
the specific request of a resident owner of property in the Village
who desires to personally observe trimming work to be done on a Saturday,
permission may be obtained from the Village to allow noise-producing
power trimming equipment to be used at such owner's residence on no
more than two Saturdays during the period from May 15 to October 1
of any year, and two Saturdays during the period from October 2 through
May 14. Permission may be obtained by notifying the Village Clerk's
office, by telephonic notice or in person. The Village shall maintain
a written log of all requests made during each year.
(2)
At
the specific request of a resident owner of property in the Village
who is planning a special weekend event at his or her residence, such
as a wedding or social function, permission may be obtained from the
Village to allow regular maintenance work, such as lawn mowing and
leaf blowing, on the Saturday of or prior to the event. However, such
permission shall only be granted on two Saturdays during the period
from May 15 to October 1, and two Saturdays during the period from
October 2 through May 14. Permission may be obtained by notifying
the Village Clerk's office, by telephonic notice or in person. The
Village shall maintain a written log of all requests made during each
year.
(3)
In
the sole discretion of the authorized Village official, an inclement
weather exception may be declared by the Village to allow landscapers
to use all power equipment required for landscaping work anywhere
in the Village on the Saturday following the making of such declaration
from 9:00 a.m. to 2:00 p.m. The Village shall declare an inclement
weather exception no later than 12:00 p.m. on a Friday. Landscapers
or residents of the Village may contact the Village office by telephone
or in person to determine whether an inclement weather exception has
been declared. In addition, any such declaration shall be posted on
the Village's website.
D.
No landscaper shall blow or rake leaves, grass or other debris onto
the public highway or right-of-way or onto adjoining property nor
operate leaf blowing equipment in excess of 65 dBA, as measured at
a distance of 50 feet from the location of such equipment. All equipment
operated by a landscaper shall be maintained in proper working order
at all times.
E.
As a condition precedent to the issuance of a license and to maintain
and renew such 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 facility or depository within
the State of New York in conformity with all applicable laws, rules
and regulations of the municipality in which the said facility or
depository is located, and thereafter must maintain such landscape
disposal permit at all times during the term of the license.
[Amended 3-27-2012 by L.L. No. 3-2012]
F.
No landscaper 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.
G.
All work shall be performed and all motor vehicles used by landscapers
shall be operated in accordance with the laws, ordinances and rules
and regulations of the United States, New York State, Nassau County
and the Village of Sands Point.
H.
The Board of Trustees may promulgate, by resolution, such additional
rules and regulations as it deems necessary to further the purposes
of this chapter.
§ 103-8 Penalties for offenses.
Each and every violation of any provision of this chapter or
of any of the rules and regulations promulgated hereunder shall be
punishable by a fine of not less than $200 and not more than $250.
§ 103-9 Revocation and suspension of license.
A.
The Village Clerk may revoke or suspend any license issued pursuant
to this chapter upon receiving information giving him/her reasonable
cause to believe that the holder thereof has violated any section
of this chapter, or has made a false statement or misrepresentation
on their license application.
B.
The revocation or suspension of any license by the Village Clerk
is reviewable by the Board of Trustees upon written application submitted
to the Village Clerk within 20 days of the effective date of the revocation
or suspension being appealed. The Board of Trustees, after a public
hearing, may resolve to affirm or reverse the decision of the Village
Clerk.
§ 103-10 License to be in possession of person performing work.
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.
§ 103-11 Proof of insurance.
All landscapers must provide sufficient proof of insurance as
deemed appropriate by the Village Clerk to protect the interests of
the Village.
§ 103-12 Procedure for review of actions revoking license.
Any review of the revocation of any license by the Board of
Trustees shall be pursuant to Article 78 of the Civil Practice Law
and Rules.
[Adopted 12-13-2016 by L.L. No. 1-2017]
§ 103-13 through § 103-19. (Reserved)
§ 103-20 Definitions.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
- IRRIGATION CONTRACTOR
- Any individual, partnership, association, corporation, firm, or other group who directly or through others offers to undertake or purports the ability to undertake the construction, repair, maintenance, improvement, alteration, or designed deletion of any irrigation system. This term includes subcontractors.
- IRRIGATION SYSTEM
- Any assemblage of components, materials, and special equipment which is designed, constructed and installed for controlled dispersion of water from any safe and suitable source, including properly treated wastewater, for the express purposes of irrigation of any and all types of landscape vegetation or the control of dust and/or erosion or other environmental control on any and all landscaped areas, including integral control systems for manual, semiautomatic control of the operation of such system.
§ 103-21 License required.
Except as provided herein, all irrigation contractors doing
business in the Village of Sands Point shall be licensed in accordance
with the requirements of this article.
§ 103-22 Exemptions.
Exemptions are as follows:
A.
Any federal or state agency or any political subdivision performing
irrigation construction or contracting work on public property.
B.
Any resident who performs irrigation construction or contracting
work on his or her own property.
C.
Any individual employed by a resident of the Village who engages
in limited-scope irrigation contracting work for the convenience of
that resident, such as the changing a broken sprinkler head. However,
if said individual engages in work such as the opening or closing
of irrigation systems, the modification of clock or controller settings,
or advertises irrigation contracting services as part of his or her
business, an irrigation contractor license under this article is required.
§ 103-23 Work done without license prohibited; responsibility for license.
No irrigation contractor shall perform any work on an irrigation
system within the Village of Sands Point without first obtaining a
license to do so from the Village Clerk. All irrigation system work
by an unlicensed individual, partnership, association, corporation,
firm, or other group is hereby prohibited. Licenses shall be obtained
by the proprietor of the irrigation contracting business or by a corporate
officer. Each day's work at any location in the Village shall
constitute a separate violation of this chapter.
§ 103-24 Fees.
§ 103-25 Expiration of license; renewal.
§ 103-26 Penalties for offenses.
Each and every violation of any provision of this article or
of any of the rules and regulations promulgated hereunder shall be
punishable by a fine of up to $1,000.
§ 103-27 Revocation and suspension of license.
A.
The Village Clerk may revoke or suspend any license issued pursuant
to this article upon receiving information giving him/her reasonable
cause to believe that the holder thereof has violated any section
of this article, or has made a false statement or misrepresentation
on his/her license application.
B.
The revocation or suspension of any license by the Village Clerk
is reviewable by the Board of Trustees upon written application submitted
to the Village Clerk within 20 days of the effective date of the revocation
or suspension being appealed. The Board of Trustees, after a public
hearing, may resolve to affirm or reverse the decision of the Village
Clerk.
§ 103-28 License to be in possession of person performing work.
The license issued pursuant to this article, or a photocopy
signed by the licensee, shall be in the actual possession of the person
performing the work at the site.
§ 103-29 Proof of insurance.
All irrigation contractors must provide sufficient proof of
insurance as deemed appropriate by the Village Clerk to protect the
interests of the Village.
§ 103-30 Procedure for review of actions revoking license.
Any review of the revocation of any license by the Board of
Trustees shall be pursuant to Article 78 of the Civil Practice Law
and Rules.
§ 103-31 Forms; rules and regulations.
A.
The Village Clerk is authorized to promulgate all forms required
to carry out the purpose and intent of this article.
B.
The Board of Trustees is authorized to promulgate and adopt, by resolution
of the Board, rules and regulations implementing the provisions of
this article. Further, the Board of Trustees shall have the authority
to adopt amendments, additions, or revisions to such rules and regulations,
from time to time, as the Board deems appropriate, by resolution of
the Board.