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Got Fined By The County :(

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  • #16
    Is it worthwhile bringing a lawyer to court for this?

    Is there a mandatory court appearance or is it optional only if you want to fight the ticket?
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    • #17
      mark123 yeah i have no idea where that came from.
      Steve it's optional. If i want to fight it i can request another court date. But on Monday i am going to talk to the judge and see his insight and what not. If i think i need a lawyer i will get one. But if he drops the fine i will just pay it. I was in the wrong either way. But we will see on Monday.

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      • #18
        products

        I'm pretty sure that if you're spraying products that you can buy at do-it-yourself places like Lowe's you're not breaking any laws. But if I were to go get a commercial product then I would have to have a license.

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        • #19
          I'm pretty sure that if you're spraying products that you can buy at do-it-yourself places like Lowe's you're not breaking any laws. But if I were to go get a commercial product then I would have to have a license.
          Not unless your only doing your own yard.
          Boughter's Lawn Care Services Mowing and Fertilizing in New Castle, PA

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          • #20
            Mark is right, also if the customers gives you a gallon of Weed B Gone, Round Up or Lawn Fert. and asks you to treat their lawn and you don’t charge them for a service then you can get away with it. It’s called a loophole in the system. You could increase the cost of the lawn cutting service to offset the no charge of the spray service. Have the customer purchase the product and next time you are asked if you are getting paid for spraying you simple say no, it ‘s the customers product, I’m just applying it for them. DO YOU REALLY WANT TO GO THIS ROUTE? A lot of small business owners take this way instead of spending the money to do it right. I don’t offer any spray service due to the fact that this is a part time job and I don’t have time. If I was to offer a spray service I would recommend the way Andy(Picframer) and Steve(Stout) and others are doing it and go by the way of Natures Magic. It's organic and from what I have read in their post and website you don’t need a license from the Fed. Govt or your Local Govt. ? I would get with them and discuss it. I’ve read where they have made it a very profitable business decision and a great choice.
            Good luck on your court date and be Honest with the Judge and don’t try to play any games. You are right on track to ask if you can reduce the fine due to it being your first offense and/or community service to lower the amount of the fine.

            Once again Good Luck.
            John

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            • #21
              Majoe7 that loophole was closed by most localities about mmm 20 years ago. sorry. If you use chemicals, unlicensed you will pay the fine. Here it starts at 5 grand for the first 10 grand for the second. The third time is a felony and will get you 18 months in prison

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              • #22
                "All states have pesticide licensing of some type. California is very strict as is Florida. For the most part they (Fl) aren't looking to fine anybody, just get them licensed. Still, politics play a very large role in how these laws are written. In Florida the pest control industry is better organized than most of the green industry so it reflects and roadblocks are thrown in such as the three year period a lawn maintenance worker must wait before he can take the <b>Limited Commercial Landscape exam.</b>
                The Yard Man exemption in Florida is interesting. As stated before if the customer purchases the product, you can apply it using the customers equipment. This will allow you to apply weed and feed products, treat lawns for chinch bugs, fire ants, fungi, etc. It applies to residential accounts only, and you cannot advertise that you provide this service. It's a good deal because it allows you to help out a customer without breaking the law. I don't think it can have a significant impact on your bottom line though since you really cannot solicit or advertise this service to your customers.
                Fl. is also now fineing first offenders, a departure from the previous warning letters and cease and desists they originally did.
                They also just hired 4 new inspectors that will concentrate on the maintenance industry.
                Stay Green!"


                This is from Bob Kessler who offers a course to help you get your Pest Control license. Here is his web site for you to check it out.
                http://www.bobkesslerceu.com

                John

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                • #23
                  majoe7 & stevef1201 Thanks for the good information! I live in CA so i hope i don't get prison time??? But this is my first time getting ticketed for it. So we will see how everything goes! Thank you to everyone that is giving me tips and facts!!
                  -Tyler

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                  • #24
                    Update!

                    Today I went to court. Found out it is a VERY serious crime. I plead guilty and asked for community service. The fine was dropped to $627.29 and i received 23.5 hours of community service for a non-profit organization of my choice must be completed in 90 days from today. The three house that i service with the pest control i will be calling them and telling them i can no longer service them (in the pest control field). Happy out come i guess? The fine i will pay over time (three months) so around 210.00 a month. So yeah my advice is not to apply pesticides if you don't have a applicators license!

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                    • #25
                      Chalk it up as an educational expense. Are you still planning to get your applicator's license? What will you do for community service?

                      It really is a serious issue. Just think of it this way, some guys that apply illegally never find out until sombody gets poisoned.
                      Last edited by mark123; 07-12-2010, 03:35 PM.
                      Boughter's Lawn Care Services Mowing and Fertilizing in New Castle, PA

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                      • #26
                        Tyler,

                        I'm glad that your day went well. It seems that the Judge was in a favorable mood for being a serious crime. Less learned and a BIG savings to your wallet. Do it right and enjoy the rest of your day.

                        John

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                        • #27
                          The fine was dropped to $627.29 and i received 23.5 hours of community service for a non-profit organization of my choice must be completed in 90 days from today.
                          WOW! I had no idea it would get that involved!

                          If anyone else reading this is in the same boat as you and about to go to court, do you feel looking back, it would have been worthwhile bringing an attorney or no?
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                          • #28
                            mark123 Yeah i still plan on getting my applicators license. I have already started my community service. I have done 9 hours at a rescue shelter for animals and i plan on working with habitat for humanity.
                            majoe7 I was very thankful to the judge. He understood where i was coming from but he got his point across..
                            Steve I say no only because he dropped my fine and i was a 100% guilty..

                            thanks for everyones support and info!

                            -Tyler

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                            • #29
                              Is there any way you will be able to use your community service time to promote your business at all?

                              Can you do things like park cleanups? Or something where you can put a sign up when you are done or meet others in your area that might need lawn care?
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                              Download your Free trial of Gopher Lawn Care Software.

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                              • #30
                                Probably will not have much public contact but you can still wear your shirts. Just a subtle way without offending someone. Oh and be sure to park your lettered truck out front.
                                Pat

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