Ordinance 1118

BOROUGH OF BRIELLE

ORDINANCE NO. 1118

AN ORDINANCE TO AMEND CHAPTER FOUR OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED “GENERAL LICENSING”.

BE IT ORDAINED, by the Governing Body of the Borough of Brielle that a new section 4-3.9 Registration of Landscapers and Tree Removal Companies is hereby created. Said section shall read as follows:

4-3.9(1)                Purpose

a. The purpose of this section requiring landscaper and tree removal company registration is to ensure that persons defined in subsection 4-3.9(2) are cognizant of the Borough's regulations concerning the Borough's tree protection and yard waste collection regulations. Nothing in this section shall relieve any owner, lessee, or tenant of his or her responsibility to comply with the requirements of the Borough's Tree Protection and Yard Waste Collection Ordinances. In the case of an emergency, the Shade Tree Commission may waive the registration requirements.

b. No person shall landscape or engage in any landscaping or tree removal on any public or private property within the Borough for hire without first registering with the Municipal Clerk, on forms to be supplied by the Borough.

4-3.9(2) Definitions.

For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present text include the future, words in the plural number include the singular and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

For hire shall mean to demand and/or accept payment, or compensation for completion of services.

Landscape and landscaping shall mean to be in the business, occupation or trade of adorning or improving any property or portion of property by trimming or cutting grass or shrubs; by planting, installing, or removing leaves, branches, grass; flowers, mulch, hedges, or shrubs; or by planting, removing or installing trees. As used in this section, landscape and landscaping shall also refer to solicitation of the above-referenced services.

Person shall mean any individual or entity whose existence is recognized by law, including, but not limited to any partnership, corporation (for-profit, nonprofit, or municipal and its agencies), firm, association, or any combination of the foregoing.

Tree removal shall mean the actual removal of trees, or direct or indirect actions resulting in the effective removal of trees through damage or poison, or similar actions directly or indirectly resulting in the death of trees.

 4-3.9(3)               Applications for Registration; Fee; Suspension or Revocation of Registration; Disclaimer.

a. At the time of registration, applicants shall provide proof that they have received a copy of and will comply with the provisions of the Borough's Tree Protection and Yard Waste Collection Ordinances. At the time of registration, applicants shall also be provided with a copy of the Borough’s Landscapers Rules and Regulations, which must be complied with at all times.

b. Every registration shall be issued and renewed on an annual basis effective February 1 of each year upon payment of an annual fee to the Borough in the amount of One Hundred dollars ($100.00) dollars for two (2) tags. Additional tags shall be furnished at a cost of ten ($10.00) dollars each at the time of registration; the cost of replacements for lost or stolen tags shall be twenty ($20.00) dollars each.

c. No registration shall be required of any owner, lessee or tenant of real property who shall personally perform activities otherwise requiring a registration; except that all such work must otherwise comply with the Borough's ordinance.

d. The Borough Council may, upon recommendation of the Borough's Shade Tree Commission or Borough Superintendent of Public Works, or designee of one or both, after notice and an opportunity for a hearing, suspend or revoke any registration for violation of law or related Borough ordinances, or for good cause, which is shown to be prejudicial to the public health, safety or welfare. When the Shade Tree Commission or Borough Superintendent of Public Works, or designee of one or both, has reasonable cause or belief that an emergency affecting the public health, safety or welfare so requires, said official may temporarily suspend any registration for a period not to exceed one (1) week or until the Borough Council can be convened to consider said suspension.

e. The Borough makes no guarantee or representation regarding the fitness, knowledge, or qualification of any person that is registered by the Borough to engage in landscaping for hire.

4-3.9(4)                 Violations and Penalties.

a. Any person(s), firm(s), or corporation(s) who violates any provision of this section shall, upon conviction thereof in Municipal Court, be punished by imposition of the penalties as stated in Chapter 1-5 “General Penalties”.

b. Each instance of engaging in a separate regulated activity, in violation of this section, including specifically each tree removed, shall be deemed a separate offense.

c. In addition, the Borough may institute a civil action for injunctive or other relief to enforce the provisions of this section including requiring the replacement of all trees illegally removed and/or, at the option of the Borough, the payment of a contribution to allow equivalent mitigation on public land.