[HISTORY: Adopted by the Board of Trustees of the Village of Airmont 3-29-1993 by L.L. No. 22-1993. Amendments noted where applicable.]
This chapter shall be known and may be cited hereinafter as the "Landscaper Registration Law of the Village of Airmont."
The Village Board of the Village of Airmont hereby determines that, to protect the public health, safety and welfare of the residents of the Village of Airmont, the public interest requires registration and licensing of landscapers operating within the Village so as to control their activities, as such activities relate to the use of Village streets and the removal of landscape materials from real property within the Village.
A. 
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein.
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.
LANDSCAPER
Includes any person who engages in the tending, planting, preparation, installation, maintenance, managing, mowing, creating or laying out of lawns, gardens, flower beds, vegetable beds, shrubbery, trees or landscaping, of every nature and description, on real property on which such person does not reside.
PERSON
Includes any individual, association of individuals, firm, partnership or corporation.
PRIVATE PROPERTY
Includes all real property, improved or unimproved, owned by any person, association or 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 within the Village of Airmont open to the public which has been accepted for dedication by the Town of Ramapo or the Village of Airmont, or has been maintained continuously by the Town or the Village in accordance with the provisions of the Town 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 Airmont.
B. 
The word "shall" is always mandatory and not merely directory.
No person who is a landscaper who operates a business for profit shall conduct any such business, and remove any landscape material of any kind from the premises of any person, or cart or transport the same through or upon any street, avenue, parkway or highway within the Village, unless he shall have first obtained a permit from the Town Clerk of the Town of Ramapo and registered with the Village Clerk of the Village of Airmont and shall have agreed to conform to the provisions of this chapter with respect to the conduct of the business of a landscaper, except that no permit shall be required from any person engaged under contract by the Town of Ramapo or the Village of Airmont for the purpose of removing landscape material as part of an overall contract with the Town of Ramapo or the Village of Airmont, or any person under the age of 18 years.
All landscapers shall apply for registration, as required by this section, with the Village Clerk, no later than March 1 of any given year, and pay therefor a fee as set from time to time by resolution of the Board of Trustees for all motor vehicles used by the landscaper in the conduct of his business as a landscaper. As a condition of registration all landscapers must present a copy of a valid landscapers permit, issued by the Town of Ramapo, to the Village Clerk.
A. 
The following information must be given to the Village Clerk: name and home address of the landscaper and the business address of said individual, or, if a firm, the office of the corporation, partnership or association, together with a telephone number therefor; the names of all principals of the business entity conducting business as a landscaper.
B. 
Each registration issued pursuant to 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Registrations issued pursuant to this chapter shall not be assignable or transferable.
A. 
No landscaper shall operate any power or manual or other type of lawn mower or any other gardening equipment on any Saturday and Sunday between the hours of 8 00 p.m. the day before each and every of said days through and including to 9:00 a.m. the following day local time.
[Amended 10-4-2021 by L.L. No. 3-2021]
B. 
Burning of any landscape material is prohibited.
C. 
All landscape material shall be removed by the landscaper and disposed of in any authorized manner at an authorized disposal site, except as provided in § 123-8.
D. 
No one shall blow or rake leaves, grass or other debris onto the public highway or right-of-way or onto adjoining property.
E. 
No one shall spill or dump oil, gasoline or other petroleum products or any pesticides on the public highway or right-of-way. No equipment snail be tilled or refilled except over a drop cloth or other device designed to catch and retain any accidental spillage.
During the period from October 1 to December 31 annually, a registered landscaper hired by a residential property owner may place leaves in Village-approved biodegradable bags on property adjacent to Village highways for pickup by the Village unless the landscaper is depositing said leaves in a storage area on the homeowner's property for purposes of composting or is mulching said leaves.
The Police Department of the Town of Ramapo and/or Code Enforcement Officer and/or Building Inspector of the Village of Airmont, shall have the power, right and authority to issue an appearance ticket as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York for the violation of any section or provision of this chapter.
A. 
The Village Board may, following a hearing before such Village Board, revoke the registration granted to any person, firm or corporation under the authority of this chapter or any law, ordinance, rule or regulation relating to landscaping.
B. 
In addition to any other penalties that may be invoked under this chapter, any person, firm or corporation violating any of the provisions of this chapter shall be punishable by a maximum fine of $250 or a maximum term of imprisonment of 15 days, or both. In the case of continuing violation of this chapter, each week that such violation exists shall constitute a separate and distinct offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
In addition to the above provided penalties and punishment, the Village may also maintain an action in the name of the Village in any court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
D. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.