§ 38A-6. Regulations.  


Latest version.
  • A. 
    No landscaper or other person shall individually or cause or permit any other person who is providing commercial landscaping services for them or who is otherwise within their employ or control to:
    (1) 
    Blow, rake, place, spill, dump, or otherwise deposit any leaves, grass, garbage, refuse, cuttings, wood, oil, pesticides or other materials or debris from one property onto any public property, including, but not limited to, streets, sidewalks and rights-of-way, or the private property of another person, without such other person's permission. In any prosecution for a violation of this provision, it shall be an affirmative defense that such other person gave the alleged offender permission to blow, rake, place, spill, dump or otherwise deposit such material or debris on such other person's property.
    (2) 
    Remove leaves, clippings or other yard waste in a truck, dump truck, van, or other motor vehicle, trailer, container, or other towable device without securing a tarpaulin or other cover to prevent spillage where such leaves, clippings or other yard waste do not remain on the property as mulch.
    (3) 
    Spill or dump any oil, gasoline or other petroleum products within the Town.
    (4) 
    Fill or refill any machinery or equipment with any fuel or lubricant except over a drop cloth or other device designed to catch and retain any accidental spillage.
    (5) 
    Remove, destroy, or alter any tree in violation of Chapter 20A of the Town Code or otherwise in violation of state law.
    (6) 
    Perform any commercial landscaping on:
    (a) 
    Sundays and holidays;
    (b) 
    Saturdays before 10:00 a.m. or after 5:00 p.m.; and
    (c) 
    Weekdays before 8:00 a.m. or after 7:00 p.m.
    (7) 
    Operate any equipment in violation of Chapter 38 of the Town Code, except as provided herein.
    (8) 
    Operate any equipment which emits excessive fumes.
    (9) 
    Burn any wastepaper, rubbish, leaves, cuttings, wood, or other waste materials.
    B. 
    All commercial landscaping shall be performed in accordance with the laws, ordinances, rules, and regulations of the United States, the State of New York, the County of Nassau, and the Town.