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 North Hempstead
 Code of Ordinances
 Chapter 38A. Landscaping and Gardening

§ 38A-1. Legislative intent.  

Latest version.
  • A. 
    This local law establishes Chapter 38A of the Town Code entitled "Landscaping and Gardening" to advance the interests of Town residents in encouraging green landscaping practices, protecting public health by reducing emissions from the use of gas-powered leaf blowers, and deterring unlicensed landscapers.
    B. 
    The Board enacts this chapter after discussions between concerned residents, professional landscapers and Town staff about gas-powered leaf blowers; after reviewing legislation enacted by other communities on gas-powered leaf blowers; and after learning from manufacturers of electric landscaping equipment about the state of the industry.
    C. 
    Based on this research and testimony, the Board finds that certain commercial landscaping and gardening activities may pose a risk of noise, odor, pollution or other nuisances and may otherwise disturb the public health and welfare of Town residents. Scientific studies have been presented to this Board indicating that emissions from gas-powered leaf blowing equipment can cause deleterious health effects for those in the vicinity of their use. Further, the use of this equipment causes an unreasonable amount of noise that is detrimental to the enjoyment of property within the Town. These issues have garnered attention in New York and nationally, with a growing number of municipalities choosing to regulate gas-powered leaf blowers.
    D. 
    The Board also finds that certain landscaping companies operate within the Town in violation of the Town Code. The Board finds that since the Town does not license commercial landscapers, the Town does not have the tools it needs for proper enforcement of regulations regarding commercial landscaping.
    E. 
    It is the intent of this chapter to use the Town's power under the Town Law and the Municipal Home Rule Law to limit the use of gas-powered leaf blowers and to create a licensing requirement for commercial landscapers to make it easier to regulate commercial landscapers who do not comply with Town Code.