[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:
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 all New York State holidays.
[Added 10-12-2021 by L.L.
No. 6-2021]
Any device that is used, designed or operated to produce
a current of air for the purpose of pushing, propelling or blowing
leaves, dirt, gardening and grass clippings and cuttings, refuse or
debris, whether portable and carried, or walked behind, or attached
to a tractor or similar machine.
[Added 10-12-2021 by L.L.
No. 6-2021]
Includes any individual, firm, partnership, corporation or
business of any form, style or nature.
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 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.
A.
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.
B.
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:
A.
The name and business address of the applicant.
B.
If the applicant is a corporation, the name, age and
residence address of each officer and director.
C.
If the applicant is a natural person, his or her age
and residence address.
D.
The applicant's place of business for the past five
years.
E.
The license numbers, vehicle identification numbers
and state of registration of each vehicle to be used in providing
the service.
F.
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.
G.
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.
A.
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.
B.
All permits issued under this chapter shall expire
on December 31 of each odd-numbered year.
A.
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:
(1)
Fraud, misrepresentation or false statement contained
in the application for the permit.
(2)
The violation of any provision of this chapter, Chapter 81, or any of the terms or conditions imposed upon the granting of a permit.
[Amended 10-12-2021 by L.L. No. 6-2021]
(3)
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.
(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 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.
C.
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:
A.
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.
B.
No permittee shall conduct himself other than in a
courteous, honest and lawful manner at all times.
C.
With the exception of leaf blowing equipment (which is governed by Chapter 81), no permittee shall operate any power gardening or landscaping equipment at any time on Sunday or on a holiday, 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.
[Amended 10-12-2021 by L.L. No. 6-2021]
D.
In addition to the restrictions set forth in the preceding Subsection C, no permittee shall operate a woodchipper or chain saw between the hours of 5:00 p.m. and 9:00 a.m.
[Amended 10-12-2021 by L.L. No. 6-2021]
E.
No permittee shall bury any wastepaper, rubbish, leaves,
cuttings, wood or other waste materials at any time.
F.
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]
G.
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.
H.
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
Served personally upon or sent by registered or certified mail, return receipt requested, to the agent designated under § 70-6G.
D.
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.
