[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 9-19-2005 by L.L. No. 8-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weed — See Ch. 75.
Noise — See Ch. 127.
Pesticides — See Ch. 143.
Solid waste — See Ch. 173.
Trees, hedges and shrubbery — See Ch. 187.
[1]
Editor's Note: This local law also repealed former Ch.
107, Gardeners, adopted 9-12-1983 by L.L. No. 1-1983 as Ch. 130 of
the 1983 Code, as amended. In addition, L.L. No. 8-2005 also provided
that the use of the singular shall be read as the plural and the plural
as the singular in order to effectuate its purpose.
The Board of Trustees of the Village of East Hills hereby determines
that, to protect the public health, safety and welfare of the residents
of the Village of East Hills, the public interest requires registration
and licensing of gardeners and businesses involved with tree cutting,
pruning and removal services operating within the Village and controlling
of their activities, as they relate to the use of Village streets
and the cutting and removal of landscape materials from real property
within the Village.
As used in this chapter, the following words and phrases shall
have the following meanings:
Any business entity or person who performs work commercially
to cut, prune or remove trees other than the owner of the land where
the activity occurs.
Includes any person who engages, as a business, in the tending,
planting, preparation, installation, maintenance, spraying, managing,
mowing, creating or laying out of lawns, gardens, flowerbeds, vegetable
beds, shrubbery, trees or landscaping of every nature and description,
except work for tree cutting, pruning and removal, as defined in this
section, on real property on which such person does not reside; also
included is one who sprays trees, lawns and shrubs with pesticides.
Includes grass clippings, prunings, leaves, tree branches,
trunks, stumps, roots, rocks, sand and any other natural indigenous
materials to gardens, lawns, shrubbery and trees.
Includes any individual, association of individuals, firm,
partnership or corporation.
Includes all real property, improved or unimproved, owned
by any person, association of persons, corporation, including municipal
corporations, or otherwise, which is not otherwise defined as a "public
highway" or "public place" herein.
Includes any street open to the public which has been accepted
for dedication by the Village of East Hills, or has been maintained
continuously by the Village in accordance with the provisions of the
Village Law of the State of New York, for its full width from property
line to property line, including the sidewalk area, if any, whether
or not the same shall have been installed.
Includes any real property available to or open to use by
all residents of the Village of East Hills.
No gardener or business involved in tree cutting, pruning and
removal services, which operates a business for profit, shall conduct
any business, including cutting, pruning, and removing any trees or
removing landscape material of any kind from the premises of any person,
or cart or transport these materials through or on any street, avenue,
parkway or highway within the Village, unless he, she or it has first
obtained a permit to perform the services as a gardener and business
involved in tree cutting, pruning and removal services from the Village
Clerk and has agreed to conform to the provisions of this chapter,
except that no permit shall be required for any person engaged under
contract by the Village for the purpose of removing landscape material
or cutting, pruning and removing trees as part of an overall contract
with the Village to remove these materials of any kind from private
premises.
A.
All gardeners and businesses involved in tree cutting, pruning and
removal services shall apply to the Village Clerk for an omnibus permit
required by this chapter no later than March 1 in each year and pay
therefor a fee as set forth from time to time by resolution of the
Board of Trustees for each motor vehicle used by the gardener in the
conduct of his/her business.
B.
The applicant shall complete a written application for a license
which shall be filed with the Village Clerk and shall specify the
following:
C.
The applicant shall be required to submit with his/her or its application
proof of current licensure by the Nassau County Department of Consumer
Affairs. No permit shall issue under this section unless such proof
is submitted.
D.
Each permit issued under this section shall be issued as of the date
of the granting thereof and shall expire on February 28 in the year
next succeeding such date, unless sooner suspended or revoked.
A.
Permits issued pursuant to this chapter shall not be assignable or
transferable.
B.
Any vehicle certificate issued pursuant to this chapter shall be
conspicuously affixed to each motor vehicle and shall not be removed.
C.
Upon the filing of an affidavit, or such other proof as may be required
by the Village Clerk, a substitute or replacement certificate may
be issued, upon the payment of a fee as set forth from time to time
by resolution of the Board of Trustees.
[Amended 3-27-2012 by L.L. No. 1-2012; 6-18-2012 by L.L. No. 2-2012]
A.
The following are the restrictions on use of power gardening equipment
by a gardener:
B.
The following are the restrictions on the use of power gardening
equipment by a resident:
C.
The following are the restrictions on the use of power tree-cutting,
pruning, and tree-removal equipment by gardeners or tree removal and
pruning companies:
(1)
No gardener or tree removal and pruning company shall operate any
power saw or other power equipment used for these purposes Monday
through Friday, except from 8:00 a.m. to 5:00 p.m. or sundown, whichever
is earlier.
(2)
No gardener or tree removal and pruning company shall operate any
power saw or other power equipment used for these purposes on Saturdays,
Sundays and federal holidays.
D.
The following are the restrictions on the use of power tree-cutting,
pruning, and tree-removal equipment by a resident:
(1)
No resident shall operate any power saw or other power equipment
used for these purposes Monday through Friday, except from 8:00 a.m.
to 5:00 p.m. or sundown, whichever is earlier.
(2)
No resident shall operate any power saw or other power equipment
used for these purposes on Saturdays, Sundays and federal holidays
except from 10:00 a.m. to 5:00 p.m.
E.
Burning any landscape material is prohibited.
F.
Placing any landscape material on any public highway or public place
is prohibited. Furthermore, it is unlawful for gardeners to leave
landscape material on any property not owned by their clients.
G.
All landscape material collected by a gardener shall be removed by
the gardener from the Village and disposed of in an authorized manner
at an authorized disposal site.
[1]
Editor's Note: Former § 107-7, Placement of
leaves, was repealed 5-9-2007 by L.L. No. 3-2007.
A.
A violation of this chapter by any firm, business, corporation or individual, including residents, shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article III. Each day that a violation of this chapter shall continue shall constitute a separate offense. In addition to all other penalties which may be imposed, the omnibus license which is issued may be suspended or revoked.
B.
During the period from the third Monday in October to the second
Friday in December, any licensed gardener who deposits leaves or any
debris collected from outside East Hills on any public highway or
public place within the Village of East Hills, in addition to any
other penalties or fines provided in this chapter, shall be:
