[HISTORY: Adopted by the Board of Trustees of the Village of East Hills 9-19-2005 by L.L. No. 8-2005. Amendments noted where applicable.]
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.
Editor's Note: This local law also repealed former Ch. 107, Gardeners, adopted 9-12-1983 by L.L. No. 1-1983 as Ch. 130 of the 1983 Code, as amended.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:
- BUSINESS INVOLVED IN TREE CUTTING, PRUNING AND REMOVAL SERVICES
- 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.
- LANDSCAPE MATERIAL
- 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.
- PRIVATE PROPERTY
- 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.
- PUBLIC HIGHWAY
- 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.
- PUBLIC PLACE
- 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.
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.
The applicant shall complete a written application for a license which shall be filed with the Village Clerk and shall specify the following:
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.
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.
Permits issued pursuant to this chapter shall not be assignable or transferable.
Any vehicle certificate issued pursuant to this chapter shall be conspicuously affixed to each motor vehicle and shall not be removed.
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]
The following are the restrictions on use of power gardening equipment by a gardener:
The following are the restrictions on the use of power gardening equipment by a resident:
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:
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.
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.
The following are the restrictions on the use of power tree-cutting, pruning, and tree-removal equipment by a resident:
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.
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.
Burning any landscape material is prohibited.
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.
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.
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.
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: