[HISTORY: Adopted by the Borough Council of the Borough of Stone Harbor 12-1-2020 by Ord. No. 1577. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ANNUAL FEE
The fee charged by and payable to the Borough Clerk of the Borough of Stone Harbor to obtain a registration as a landscaper.
ANNUAL REGISTRATION
Registration issued by the Borough Clerk of the Borough of Stone Harbor for the purposes stated.
CUSTOMER
Anyone who employs the services of a landscaper to perform the services of planting, maintaining, cutting, cleaning, or raking property within the Borough of Stone Harbor.
LANDSCAPE CONTRACTOR
The same meaning as "landscaper."
LANDSCAPER
A person or persons doing business with residential or commercial customers for the purpose of planting, maintaining, cutting, cleaning, raking or performing similar activities on property within the Borough of Stone Harbor.
VEHICLE
Any vehicle required to be registered with the New Jersey Department of Motor Vehicles for use on local roads and highways and used by a landscaper in the performance of his or her work in the Borough of Stone Harbor.
All landscapers utilizing a truck, van or trailer for landscaping services within the Borough of Stone Harbor shall be required to obtain a registration in order to offer their services in the Borough of Stone Harbor. Said registration shall be obtained from the Borough Clerk prior to January 1 of each calendar year. (Said registration shall terminate December 31.) Proof of registration will be demonstrated by the issuance and the display of a decal, which will be issued to each landscaper and displayed in each vehicle the landscaper owns or operates in the Borough of Stone Harbor.
A. 
All applications for landscaping registration shall be in writing on all forms furnished by the Borough, signed by the applicant or the authorized agent of the applicant and presented to the Borough Clerk. The application shall state:
(1) 
The name of the landscaper.
(2) 
The correct name under which the business is being operated.
(3) 
The business address of the applicant.
(4) 
The telephone number and email address of the landscaper.
(5) 
Such other pertinent information as may be necessary for the registration of the applicant.
B. 
All applications for registrations received by the Borough Clerk shall, after appropriate investigation, be presented by the Borough Clerk to the Administrator, who shall either grant or refuse the application. Thereafter, if the application is approved, the Borough Clerk shall issue the registration upon payment of the registration fee as hereinafter provided. All registrations issued shall expire December 31 of each year.
Every landscaper operating within the Borough of Stone Harbor shall be required to comply with the following:
A. 
The name of the landscaping company shall be clearly indicated on both sides of any vehicle used in said operation, shall be no less than three inches in height and shall include the name, address and telephone number.
B. 
All landscapers shall comply with the laws of the State of New Jersey and all ordinances contained within the Code of the Borough of Stone Harbor.
A. 
Upon filing such application, the applicant shall pay to the Borough Clerk a fee of $25, regardless of the number of vehicles operated by the landscape contractor. Any fraction of the year will be considered a full year for the purposes of this section.
B. 
The term of such registration shall expire on December 31 of the calendar year in which such registration is issued.
C. 
Such registration shall be automatically renewed by the Borough Clerk upon payment by the applicant to the Borough Clerk of an annual renewal fee of $25. Such renewal shall be for the following year in which such renewal occurs.
If any person registered in accordance with the provisions of this chapter shall be convicted of violating any statute, ordinance or regulation in the execution of any work for which a permit is required by the applicable ordinance of the Borough of Stone Harbor relevant to landscaping, the Borough of Stone Harbor shall revoke the registration of such person immediately. The Borough Clerk shall not restore such registration during such time as the violation for which such conviction was obtained, exists or remains.
Any person whose registration has been revoked under the provisions above may be reregistered by the Borough Clerk when the grounds upon which such registration was revoked are removed or corrected and upon payment of the fee prescribed herein.
The Borough Code Enforcement Officer, the Director of Public Works or his/her designee and any police officer shall have the authority to enforce this chapter.
Any person whose registration has been revoked under the provisions above may be reregistered by the Borough Clerk, upon the approval of the Administrator, when the grounds upon which such registration was revoked are removed or corrected and upon payment of the fee prescribed herein.
A. 
Any person who violates any provision of this chapter in any one registration year shall, upon the first conviction thereof, be punished by a fine not exceeding $150. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. 
Any person who violates any provision of this chapter in any one registration year shall, upon the second conviction thereof, be punished by a fine not exceeding $250. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
C. 
Any person who violates any provision of this chapter in any one registration year shall, upon the third or subsequent conviction thereof, be punished by a fine not exceeding $350 or by imprisonment for a term not exceeding 90 days, or both.