[HISTORY: Adopted by the Council of the Township
of Montclair 8-23-1994 by Ord. No. 94-36 (Art. XVI of Ch. 88
of the 1979 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The fee charged by and payable to the Municipal Clerk of
the Township of Montclair to obtain a license as a landscaper.
License issued by the Municipal Clerk of the Township of
Montclair for the purposes stated.
Anyone who employs the services of a landscaper to perform
the services of maintaining, cutting, cleaning or raking property
within the Township of Montclair.
The same meaning as landscaper.
A person or persons doing business with residential or commercial
customers for the purpose of maintaining, cutting, cleaning, raking
or performing similar activities on property within the Township of
Montclair.
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
Township of Montclair.
[Amended 9-21-2010 by Ord. No. O-10-052]
A.
Except as set forth in Subsection B below, all landscapers utilizing a truck, van or trailer for landscaping services within the Township of Montclair shall be required to obtain a license in order to offer their services in the Township of Montclair. A license shall be required for each vehicle the landscaper owns or operates within the Township of Montclair. Said license shall be obtained from the Municipal Clerk prior to October 1 of each calendar year. (Said licenses shall terminate September 30.) Proof of licensor will be demonstrated by the issuance and the display of a decal, which will be issued to each licensee and displayed in each vehicle the landscaper owns or operates in the Township of Montclair.
B.
The licensing
requirements of this chapter shall not apply to any landscaper who
maintains a valid registration certificate issued pursuant to the
New Jersey Contractors’ Registration Act, N.J.S.A. 56:8-136
et seq.
A.
All applications for landscaping licenses shall be
in writing on all forms furnished by the Township, signed by the applicant
or the authorized agent of the applicant and presented to the Municipal
Clerk. The application shall state:
(1)
The name of the landscaper.
(2)
The correct name under which the business is being
operated.
(3)
The residence of the applicant.
(4)
The names and addresses of residents of the Township
for whom landscaping services are being provided.
(5)
Such other pertinent information as may be necessary
for an investigation of the applicant.
B.
All applications for licenses received by the Municipal
Clerk shall after appropriate investigation be presented by the Municipal
Clerk to the Manager, who shall either grant or refuse the application.
Thereafter, if the application is approved, the Municipal Clerk shall
issue the license upon payment of the license fee as hereinafter provided.
All licenses issued shall expire September 30 of each year.
Every landscaper operating within the Township
of Montclair 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 dispose of all leaves, cutting,
clippings and other yard waste materials at the location and in the
manner directed by the Director of Community Services of the Township
of Montclair. Said designated municipal sites shall be within the
Township of Montclair. The landscaper shall only dispose of said materials
from properties located within the Township of Montclair.
[Amended 6-15-2004 by Ord. No. 04-34; 10-11-2005 by Ord. No.
05-57]
[Amended 7-7-2009 by Ord. No. O-032-09]
A.
Upon filing such application, the applicant shall
pay to the Municipal Clerk a fee of $75. Any fraction of the year
will be considered a full year for the purposes of this section.
B.
The term of such license shall expire on September
30 of the calendar year in which such license is issued.
C.
Such license shall be automatically renewed by the
Municipal Clerk upon payment by the applicant to the Municipal Clerk
of an annual renewal fee of $75. Such renewal shall be for the following
year in which such renewal occurs.
If any person licensed 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 Township of Montclair
relevant to landscaping, the Township of Montclair shall revoke the
license of such person immediately. The Municipal Clerk shall not
restore such license during such time as the violation for which such
conviction was obtained, exists or remains.
Any person whose license has been revoked under
the provisions above may be relicensed by the Municipal Clerk when
the grounds upon which such license was revoked are removed or corrected
and upon payment of the fee prescribed herein.
A.
Any person who violates any provision of this chapter,
other than disposal requirements, shall, upon conviction thereof,
be punished by a fine not exceeding $500 or by imprisonment for a
term not exceeding 90 days, or both. 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
shall, upon conviction thereof, be punished by a fine not exceeding
$2,000, imprisonment in the county/municipal jail for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or
any combination thereof as determined by the Municipal Court Judge.
Each day on which a violation of an ordinance exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.
[Amended 4-10-2007 by Ord. No. 07-17]
