[HISTORY: Adopted by the Board of Trustees of the Village
of Cedarhurst 2-6-2012 by L.L. No. 4-2012. Amendments noted where
applicable.]
As used in this chapter, the following words and phrases shall
have the following meanings:
Any person (except an individual under the age of 16) who
engages for hire in the tending, cultivation, maintaining, fertilization,
seeding, planting, managing, trimming, pruning, treating or laying
out of grass, lawns, gardens, flower beds, shrubbery, trees, foliage
or landscaping of every nature and description on private property.
The term "gardener" shall include persons engaged in the business
of landscaping and tree servicing. The term "gardener" shall not include
a person who owns or resides upon the property where such activity
is being conducted, or an employee of such person.
Any individual, firm, partnership, corporation, limited liability
company or profession or legal entity.
All real property, improved or unimproved, owned by any person
which is not included in the definitions for "public highway" or "public
place" in this section.
Any street open to the public for its full width from property
line to property line, including the sidewalk area, whether or not
installed.
Any real property available to or open to use by all or a
majority of the property owners or residents of the Village of Cedarhurst.
A.
No person shall engage in the business of a gardener in the Village
of Cedarhurst without first being licensed in accordance with this
chapter.
B.
This chapter shall not require a license for any gardener performing
work pursuant to certification from the Superintendent of Building
Department or such Superintendent's designee that such work is
necessary to protect public health or safety in the case of an emergency,
provided that the person performing such work files with the Village
documentation of insurance as may be required from persons licensed
by the Village to perform such work.
C.
This chapter shall not apply to any gardener performing work pursuant
to contract with the Village of Cedarhurst, or any other governmental
agency or public utility company.
Any gardener desiring a license required by this chapter shall
make application on forms prescribed by the Village Clerk.
Each applicant for a license shall pay a nonrefundable filing
fee with the application. A license fee shall be paid upon issuance
of the license. The application filing fee and license fee shall be
determined by resolution of the Board of Trustees.
All licenses issued pursuant to this chapter shall expire on the last day of December in the year of issuance. Licenses may be renewed upon application made before March 31 of the following year, and payment of a renewal annual fee as determined by resolution of the Board of Trustees. If a licensee fails to make proper timely application for renewal, the licensee shall be required to reapply and pay any application and license fee pursuant to § 144-4.
Each applicant for a license or renewal of such license pursuant
to this chapter shall have and maintain during the term of such license
all workers' compensation and disability insurance as is required
by law, and such other insurance as may be required by resolution
of the Board of Trustees, and shall provide the Village with documentation
of such insurance.
No gardener or any employee of a gardener shall perform, or
cause, suffer or permit any person to perform, any of the following:
A.
Operate any power or manual lawn mower or any other power equipment
Monday through Friday, before 8:00 a.m. or after 6:00 p.m.
B.
Operate noise-producing power equipment at any time on Saturday,
Sunday or on a legal holiday.
C.
Place any garbage, refuse, cuttings, leaves, wood or other materials
upon any public highway, public place or private property.
D.
Scatter any garbage, refuse, cuttings, leaves or other waste materials
from the custody of such person to any public highway, public place
or private property.
E.
Cause or permit anyone to blow or rake leaves, grass or other debris
onto the public highway or right-of-way or onto adjoining property.
As a precondition to the issuance of a 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 depository.
F.
Cause or permit anyone to 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.
Cause or permit anyone to remove any tree, nor operate any machinery,
in violation of law.
H.
Perform any work in violation of any applicable federal, state and
local laws, ordinances, rules and regulations. Every applicant for
a license shall review the applicable laws, ordinances, rules and
regulations and shall affirm in the application or renewal application
that the applicant and all of its employees are familiar with such.
I.
Violate any other rule or regulation adopted by resolution of the
Board of Trustees, as it may deem necessary to further the purposes
of this chapter.
In addition to the penalties otherwise provided by law, the
Board of Trustees may revoke or suspend any license issued pursuant
to this chapter after notice to the licensee and a reasonable opportunity
for the licensee to be heard. The Board of Trustees may take such
action if, in its discretion, such action is warranted due to the
licensee's deliberate or willful disregard of the standards imposed
by this chapter or by any other village, county, state or federal
law, or due to two or more violations of this chapter or any other
law occurring within a period of 60 days.
Each vehicle used for landscaping functions in the Village shall
be registered with the Village, and shall prominently display a decal
provided by the Village. The fee for each such decal shall be established
by the Board of Trustees.
