Document Text
--- Document: Ord. 2688-2024, opens PDF document Document ---
Borough of Fair Lawn
ORDINANCE NO. 2688-2024
AN ORDINANCE CREATING A NEW CHAPTER 126, LANDSCAPING, OF THE CODE OF
THE BOROUGH OF FAIR LAWN 2000
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough
of Fair Lawn that the Borough Code of Fair Lawn is amended and supplemented
by inserting the text underlined and marked in bold as follows:
SECTION 1: A new Chapter 126, Landscaping, be and is hereby created to
read as follows:
Chapter 126 Landscaping
§ 126.1 Definitions
As used in this chapter, the following term shall have the meaning
indicated:
LANDSCAPER – Any person, partnership or corporation engaged in the
business of landscaping as a primary occupation, and shall not include
casual employment by minors or family members.
§ 126.2 License required.
No person shall engage in the business of landscaping without first
obtaining a license therefor. During the term of any license issued,
Landscaper shall maintain valid motor vehicle registrations, drivers’ licenses
and insurance coverage as provided in § 126.3 of this chapter. Any
changes to information in Landscaper’s application during the term of any
license issued thereon shall be updated with the Borough Clerk as soon as
possible, but not later than ten (10) days after such change becomes
effective.
§ 126.3 Application.
Every Landscaper seeking a license under this chapter shall sign an
application on forms furnished by the Borough Clerk. The application shall
require, at a minimum, the following information:
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ORD. #2688-2024
A. Name, address and telephone number of the Landscaper providing
landscaping services, and a valid, unexpired driver’s license for all
drivers used in connection with providing the landscaping services. If
a driver’s license is due to expire within one (1) month of the
application, applicant shall provide proof that the relevant driver has
applied for renewal of the driver’s license.
B. Make, model, year, color, registration number and license plate
number of all motor vehicles used by Landscaper in connection with
providing the landscaping services. If the registration is due to expire
within one (1) month of the application, the applicant shall provide
proof that the applicant has applied for renewal of the registration.
C. Proof of insurance, including statutory workers’ compensation
insurance, motor vehicle insurance for each motor vehicle used in
providing landscaping services, and liability insurance for personal and
property damage in an amount not less than $1 million for personal
injuries and $500,000 for property damage.
D. If pesticides are used in connection with landscaping services, proof
that the Landscaper is registered with the Fair Lawn Health Department
in accordance with Chapter 166, Pesticides, of the Borough Code.
§ 126.4 License fee; badge or sticker.
The license fee shall be $25.00 for the first motor vehicle and $15.00 for each
motor vehicle thereafter per calendar year, and no part of such fee shall
be prorated for any part of the year. Upon payment of the fee, the Borough
Clerk shall issue an identification sticker or decal for the calendar year for
which the license is issued and which shall be affixed to Landscaper’s
vehicle(s) and visibly displayed.
§ 126.5 Removal of clippings and debris.
All Landscapers shall provide for the removal of lawn clippings and other
landscaping debris, and shall not leave or deposit said debris at the
curbside or any other site in the Borough of Fair Lawn. Any Landscaper who
causes said lawn clippings or landscaping debris to remain on the site or
curbside or anywhere in the Borough of Fair Lawn shall forfeit its license to
conduct landscaping services anywhere within the Borough and shall also
be subject to the penalties hereinafter provided in this chapter.
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ORD. #2688-2024
§ 126.6 Violations and penalties.
Any person who violates any provision of this chapter shall, upon
conviction, be subject to the penalties provided in Chapter 1, General
Provisions, Article III, “General Penalty Provisions” of the Borough Code.
SECTION 2: Each section of this Ordinance and every subsection hereof
shall be deemed independent, separate and distinct from all other sections, and
the holding of any section or a part hereof to be unconstitutional, void, or
ineffective for any cause shall not be deemed to affect the validity or
constitutionality of any other section or part hereof, and to this end, the provisions
of this Ordinance are hereby declared severable.
SECTION 3. All other ordinances, codes or parts thereof that are in conflict
or inconsistent with this Ordinance are hereby repealed, to the extent of such
conflict or inconsistency. In the event of any inconsistencies between the
provisions of this Ordinance and any prior Borough ordinances, the provisions
hereof shall be determined to govern. All other parts, portions and provisions of
the Borough’s ordinances are hereby ratified and confirmed, except where
inconsistent with the terms hereof.
SECTION 4: This Ordinance shall take effect upon passage and publication
as required by law.
Introduced: February 27, 2024
Motion
Second
Aye
Nay
Abstain
Absent
Reinitz
X
X
Rottenstrich
X
X
Cutrone
X
Krause
X
Peluso
RESIGNED
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ORD. #2688-2024
Adopted: March 26, 2024
Motion
Second
Aye
Nay
Abstain
Absent
Salinas
X
Krause
X
X
Reinitz
X
X
Cutrone
X
Rottenstrich
X
Attest:
Approved:
___________________________________
______________________________
Nicholas J. Magarelli, RMC
Gail Rottenstrich
Municipal Clerk
Mayor