[HISTORY: Adopted by the Board of Trustees of the Village of Southampton 4-11-2019 by L.L. No. 4-2019. Amendments noted where applicable.]
Editor's Note: This local law provided that it shall take effect 1-1-2020.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person over the age of 18, corporation, partnership or business entity of any form who tends, plants, installs, maintains, or repairs lawns, gardens, hedges, flower beds, shrubbery, trees, or landscaping of any kind on real property which such person or business entity does not own or at which s/he does not reside.
No landscaper shall advertise, operate or provide services within the Village of Southampton unless the landscaper is registered annually pursuant to this chapter.
All landscapers shall submit a completed registration form provided by the Village Administrator and pay a nonrefundable registration fee of $75, or such other amount as may hereafter be fixed by resolution of the Board of Trustees from time to time.
The registration form, at a minimum, shall state that the landscaper has read, understands, and agrees to comply with the Village's Nuisance Law (see Chapter 78) with respect to the dates and times for permitted construction, property maintenance and landscaping, and the use of gas-powered leaf blowers (see § 78-4), and all other relevant Village laws and policies. A business entity shall be responsible for all employees understanding the applicable rules and regulations and compliance with the requirements of this chapter and the Village Code.
In addition, the landscaper shall submit proof of a valid and current Suffolk County home improvement license.
In addition, if the landscaper uses or intends to use regulated chemicals or pesticides, proof of the applicable New York State Department of Environmental Conservation certificate must be submitted.
In addition, if the landscaper uses or intends to apply fertilizer product(s), proof of a certificate of completion of a Suffolk County nitrogen fertilizer turf management course must be submitted.
When the Village Administrator determines that all requirements have been met, s/he shall issue landscaper registration tags/stickers, which must be placed in a conspicuous location as determined by the Village Administrator on each vehicle the landscaper uses in the Village. The landscaper registration tag/sticker shall apply to the vehicle registered to the landscaper and is not transferable from one vehicle to another, nor to any other landscaper, person or entity. The landscaper shall pay a nonrefundable fee of $5 for each registration tag/sticker issued.
Landscaper registration and the landscaper registration tags/stickers shall be valid from January 1 through December 31 of each year, unless revoked.
Any person or business entity committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation punishable by a fine of no less than $250 and not more than $500 for a first offense; no less than $500 or more than $2,500 for a second offense; and no less than $2,500 or more than $5,000 for a third or subsequent offense. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
In addition, the Board of Trustees may revoke the registration of any landscaper who violates any requirement of this chapter.