Document Text
--- Document: Ord. 2689-2024, opens PDF document Document ---
Borough of Fair Lawn
ORDINANCE NO. 2689-2024
AN ORDINANCE CREATING A NEW CHAPTER 227, TREE CARE SERVICE
CONTRACTORS, 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 227, Tree Care Service Contractors, be and is
hereby created to read as follows:
§ 227.1 Registration required.
It shall be unlawful for any person to sell or offer for sale tree care services of any
kind within the Borough of Fair Lawn without first registering with the Borough as
provided in this chapter.
§ 227.2 Definitions
As used in this chapter, the following terms shall have the meanings indicated:
Person – includes an individual, any organization, firm, partnership, corporation,
company, association, or other entity or group.
Ground-based landscape maintenance activities – includes operations that do
not involve climbing, the use of aerial lifts, cranes, rope and rigging operations or
the removal of trees over six (6”) inches in diameter at breast height.
Tree Care Service – includes tree pruning, repairing, brush cutting or removal, tree
removal, stump grinding or removal, tree establishment, fertilization, cabling and
bracing, lightning protection, consulting, diagnosis, and treatment of tree
problems or diseases, tree management during site planning and development,
tree assessment and risk management, and application of pesticides or any other
form of tree maintenance, except that tree Care service shall not include ground-
based landscape maintenance activities.
§ 227.3 Annual registration.
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ORD. #2689-2024
A. All persons offering tree care service for hire within the Borough shall register
annually with the Borough Clerk’s Office; provide current documentation that they
are registered by the State of New Jersey as required by the Tree Experts and Tree
Care Operators Licensing Act, N.J.S.A. 45:15C-11 et seq. and its implementing
regulations at N.J.A.C. 7:3A-1.1 et seq. (collectively, the “Act”) and are licensed
as, or employ, a licensed tree expert (LTE) or licensed tree care operator (LTCO)
pursuant to the Act; provide a current certificate of insurance showing evidence
of general liability insurance in the minimum amount of $1 million and workers'
compensation insurance, as required by the Act, and pay the annual fees
provided in paragraph B. of this § 227.3.
B. The annual registration 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
registration is issued, and which shall be affixed to each registered vehicle, visibly
displayed.
§ 227.4 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.
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ORD. #2689-2024
Introduced: February 27, 2024
Motion
Second
Aye
Nay
Abstain
Absent
Reinitz
X
Rottenstrich
X
X
Cutrone
X
Krause
X
X
Peluso
RESIGNED
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