The Palm Beach Gardeners’ and Landscapers’ Association says the town is infringing its constitutional rights and plans to challenge sections of the island’s noise ordinances, which limit the use of mechanical equipment and restrict the hours landscapers can work.
John Scarola, the attorney representing the group of gardening companies, said in a letter sent July 9 to the Town Attorney’s office that the exceptions placed on town-contracted work infringes on the group’s right to be treated equally under the law, guaranteed by Article 1, Section 2 of the Florida Constitution .
However, to get the legal standing required to mount a challenge, one of the group’s members has to break the law.
Scott Lewis of Scott Lewis Gardening did just that.
Code officer John Moriarty told the Code Enforcement Board that on June 15, Lewis and his workers were trimming trees at 150 Barton Ave. around 8:30 a.m., 30 minutes before landscapers are allowed to begin working.
“I approached Mr. Lewis who was on scene and asked him to wait 25 minutes to resume work,” Moriarty said during the Aug. 15 meeting. “And he responded that he would not wait and (said) ‘you better give me the ticket.’”