[HISTORY: Adopted by the Board of Trustees of the Village
of Hewlett Neck 3-8-2022 by L.L. No. 2-2022. Amendments noted where
applicable.]
As used in this chapter, the following words and phrases shall
have the following meanings:
Includes any person who engages in the tending, maintaining,
managing, creating or laying out of lawns, gardens, flower beds, shrubbery,
trees or landscaping of every nature and description on other than
his own property.
Includes any individual, firm, partnership or corporation.
Includes all real property, improved or unimproved, owned
by any municipal corporation, corporation, person, partnership, firm,
association or otherwise and which is not included in the definitions
of "public highway" and "public place" in this section.
Includes any street open to the public for its full width
from property line to property line, including the sidewalk area,
whether or not installed.
Includes any real property available to or open to use by
all or a majority of the property owners or residents of the Incorporated
Village of Hewlett Neck.
It shall be unlawful for any person to perform as a gardener
in the territorial limits of the Incorporated Village of Hewlett Neck
unless he shall have first obtained and shall have then in force gardener's
license as hereinafter provided.
A.
Every person who desires to perform as a gardener in the Incorporated Village of Hewlett Neck may apply to the Village Clerk for a license on forms to be furnished by the Village Clerk. Such license shall be granted by the Village Clerk upon payment of the fees as provided for in § 77-5 hereof.
B.
Such license shall cover the licensee as well as all the employees
of such licensee.
C.
No license shall be issued to a person if a prior license issued
hereunder to such person or to a firm, partnership or corporation
of which such person was a principal was revoked, except upon good
cause shown by such person at a hearing before the Board of Trustees,
when requested by such person.
D.
Elementary, high school students and caretakers residing on property
shall be exempt from the provisions of this section.
A gardener's license shall be issued as of the date of
granting of the same and shall expire on the last day of December
of the same year, unless the same is sooner revoked, as herein provided.
Fees shall be set by resolution of the Board of Trustees.
A.
The Board of Trustees, after a hearing, upon at least seven days'
notice to the permittee, at which hearing the permittee shall be given
an opportunity to be heard, may suspend or revoke any permit issued,
in its discretion, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for the permit.
(2)
The violation of any provision of this chapter, or any other provision
of the Village Code applicable to work in the Village as a gardener,
or any of the terms or conditions of the license.
(3)
Conducting of licensee's business, enterprise or activity in
an unlawful manner or in such a way as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare
of the public.
(4)
Any transfer or assignment of the permit to any person, firm or corporation.
(5)
Other good cause.
B.
Upon the suspension or revocation of a license, it shall be unlawful
for the gardener to conduct business in the Village of Hewlett Neck
until a new permit is issued upon appropriate application.
C.
Notice of revocation or suspension of a permit shall be given in
writing, setting forth specifically the grounds therefor.
The following regulations shall be observed by all licensees
and their employees:
A.
No licensee or employee of a licensee shall do or perform or cause,
suffer or permit any of the following acts:
(1)
Operate any power or manual lawn mower or other power equipment earlier
than 8:00 a.m. nor later than 6:00 p.m. on weekdays or anytime on
Saturdays, Sundays or legal holidays; provided, however, that such
equipment may be operated between the hours of 9:00 a.m. and 6:00
p.m. on Saturdays, Sundays and legal holidays if not more than one
such piece of equipment is in use at any one time and such use is
by a person who resides on the property where the equipment is being
operated. This subsection shall not preclude the operation at any
time of such equipment as may reasonably be required in case of emergency
conditions.
(2)
Place any garbage, refuse, cuttings, leaves, wood or other materials
upon any public highway, public place or private property.
(3)
Shall place or take any action that permits any garbage, refuse,
cuttings, leaves, wood or other materials upon any public highway,
public property, public place or private property except at locations
and in a manner designated for such placement. Shall scatter nor in
using any mechanical or electrical blower cause to be scattered any
garbage, refuse, cuttings, leaves, wood or other materials on any
public highway, public property, public place, or private property.
All lawn cuttings, leaves and debris accumulated from real property
located in the Village of Hewlett Neck must be removed by the licensee
and disposed of at the licensee's own cost.
(4)
Park a commercial vehicle on a public street.
B.
The gardener's license shall be maintained by the licensee or
his designee and displayed on the job site.
At any time during the month of December of each current year,
the holder of a then valid current and unsuspended license may apply
for the renewal and reissuance of such license. No renewal or reissue
of license will be made if at the time of application therefor the
said license is under a suspension, except upon good cause shown by
such licensee after a hearing before the Board of Trustees.
Any person committing an offense against any provision of this
chapter or any rule or regulation adopted pursuant to this chapter
or any restriction or condition contained in a license issued pursuant
to this chapter or placing any lawn cuttings, leaves and debris on
a public highway, public property, public place or private property,
in a location or manner not permitted by this chapter shall be guilty
of an offense of this chapter. Such offense shall be punishable as
provided in the general penalty provisions of the Code of the Village
of Hewlett Neck.
