[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 4-17-1995 by L.L. No. 1-1995. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Commercial Gardeners and Landscapers Law of the Incorporated Village of Sea Cliff."
For the purposes of this chapter, the terms used herein are defined as follows:
- GARDENING or LANDSCAPING
- The business of tending, planting, preparation, installation, maintaining, removal or managing of lawns, gardens, flowerbeds, shrubbery, trees or landscaping of every nature and description on real property which the person performing such work does not own. Persons engaged in the business of spraying lawns, gardens, flowerbeds, shrubbery or trees shall be considered for the purposes of this chapter as engaged in the business of gardening and landscaping. An individual who performs such services on an occasional basis shall not be considered for the purposes of this chapter as engaged in the business of gardening and landscaping.
- Includes any individual, firm, partnership, corporation or business of any form, style or nature.
- PUBLIC HIGHWAY
- 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.
- PUBLIC PROPERTY
- Includes any real property owned by the Incorporated Village of Sea Cliff.
- Includes every device in, upon or by which a person or property is or may be transported upon a public highway.
No person over the age of 18 years shall engage in the business of gardening or landscaping in the Village of Sea Cliff without first having obtained a permit therefor from the Village Clerk.
This chapter shall not apply to any person who operates, at a fixed location within the Village, any garden supply or florist shop, commercial nursery or greenhouse or similar type of business, nor to any agent or employee of such person, except as to gardening or landscaping services which are provided off the premises.
This chapter shall not be applicable to any person engaged solely in the business of landscape engineering or garden planning who does not perform any of the functions heretofore described under the definition of gardening or landscaping.
The Village Clerk shall have the authority to grant the permits required by this chapter.
The application for a permit to operate or conduct a business as a gardener or landscaper in the Village shall be made, in writing, to the Village Clerk and signed by the applicant. The application shall set forth:
The name and business address of the applicant.
If the applicant is a corporation, the name, age and residence address of each officer and director.
If the applicant is a natural person, his or her age and residence address.
The applicant's place of business for the past five years.
The license numbers, vehicle identification numbers and state of registration of each vehicle to be used in providing the service.
The name, address and day and nighttime phone numbers of the person or persons, within the County of Nassau, who shall be responsible to the Village for compliance with the requirements of this chapter as regards the applicant's performance of gardening or landscaping services within the Village of Sea Cliff.
The name and address of an agent who shall be a natural person and who shall reside or have a place of business in the County of Nassau and who shall be authorized and shall agree by verified statement to accept notices, summonses or appearance tickets issued by the Village Board or its designated employee or officer with respect to violations by the permittee of any Village law or ordinance or any rules or regulations thereunder. Any notice, summons or appearance ticket shall be deemed to have been duly and legally served upon the permittee when served personally upon or sent by registered or certified mail, return receipt requested, to the agent designated herein.
The fee for the permit and decals required by this chapter shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application and is hereby declared to be for the purpose of defraying the cost of the enforcement of this chapter and not solely for the purpose of revenue. One identification decal shall be issued with each permit at no charge. Additional decals shall be issued for an additional fee.
All permits issued under this chapter shall expire on December 31 of each odd-numbered year.
The Village Board, 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:
Fraud, misrepresentation or false statement contained in the application for the permit.
The violation of any provision of this chapter or any of the terms or conditions imposed upon the granting of a permit.
Conducting of applicant'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.
Any transfer or assignment of the permit to any person, firm or corporation.
Other good cause.
Upon the suspension or revocation of a permit, it shall be unlawful for the applicant to conduct business in the Village of Sea Cliff until a new permit is issued upon appropriate application.
Notice of revocation or suspension of a permit shall be given in writing, setting forth specifically the grounds therefore.
Every person holding a permit under this chapter shall comply with the following provisions:
No permittee under this chapter shall make any false promise or willful misrepresentation in connection with the business or operation permitted nor shall any permittee, in describing the services to be rendered by him, either by an act of commission of omission, knowingly misrepresent the nature of such services.
No permittee shall conduct himself other than in a courteous, honest and lawful manner at all times.
No permittee shall operate any power gardening or landscaping equipment at any time on Sunday or on the legal holidays of Memorial Day, July 4th, Labor Day and Thanksgiving, or on Saturday before 8:00 a.m. or after 5:00 p.m., or between the hours of 7:00 p.m. and 7:30 a.m. on any other day, unless otherwise permitted by the Mayor, in writing.
No permittee shall bury any wastepaper, rubbish, leaves, cuttings, wood or other waste materials at any time.
No permittee shall place any garbage, refuse, cuttings, leaves, wood or other materials upon any public highway or public property, except at locations and in a manner designated for such placement. All lawn cuttings, leaves and debris accumulated from real property located in the Village of Sea Cliff must be removed by the permittee and disposed of at the permittee’s own cost.
[Amended 7-6-2010 by L.L. No. 6-2010]
No permittee shall scatter nor in using any mechanical or electrical blower cause to be scattered any garbage, refuse, cuttings, leaves or other waste materials on any public highway or public property.
Each permittee shall affix to and display on the left front bumper of each vehicle and on the left rear bumper of any trailer, regularly used in the course of its business, an identification decal issued by the Village Clerk.
Any person desiring to procure a renewal of a permit shall make application therefor to the Village Clerk at least 30 days prior to the expiration of the current permit.
The application shall thereafter be processed in accordance with the provisions of this chapter as if the renewal application were an initial application for a permit.
No permit issued under the provisions of this chapter shall be transferred or assigned to any person or used by any person other than the permittee to whom it was issued nor shall such permit be used for any vehicles other than the vehicles stated in the application.
Any notice to be given under this chapter shall be deemed to have been duly given when:
Served personally upon the permitted person or sent by registered or certified mail addressed to his residence contained in the application or any supplemental application.
In the case of a corporate permittee, served personally upon an officer of said corporate permittee or sent by registered or certified mail addressed to an officer thereof at his residence, together with a copy of the notice sent by ordinary mail to the address of the business premises, if stated in the application.
Served personally upon or sent by registered or certified mail, return receipt requested, to the agent designated under § 70-6G.
Served in any manner otherwise specifically provided for in this chapter or the Village Code.
[Amended 7-6-2010 by L.L. No. 6-2010]
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 permit issued pursuant to this chapter or placing any lawn cuttings, leaves and debris on a public highway or public 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 Sea Cliff.
If any section, sentence, clause or phrase of this chapter shall for any reason be held to be invalid or unconstitutional by a court of proper jurisdiction, such decision shall not affect the validity of this chapter as a whole or any part or provision thereof, other than the parts so decided to be invalid or unconstitutional.
This chapter shall take effect in accordance with § 27 of the Municipal Home Rule Law.