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HomeMy WebLinkAboutOB 2 GAS PWRD LEAF B'S 11-6-89TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT GAS POWERED LEAF BLOWERS RECOMMENDATION Pleasure of the Council. BACKGROUND Pursuant to direction from the City Council at the September 5, 1989 meeting, staff has requested and received information from other jurisdictions regarding ordinances and/or regulations for the use of gas powered leaf blowers. Staff received a variety of response from cities that participate in the Citilink program as well as information directly from the loan library from the League of California Cities. Following is discussion related to identified issues, the City's current noise ordinance and possible regulatory options. DISCUSSION To date, staff receives approximately one to two complaints a month regarding the use of gas powered leaf blowers. Most of the complaints deal with issues of noise generated from the leaf blowers' combustion engine. Other related concerns are pollution and the raising of dust and debris. Staff also notes that a majority of the complainants seem to desire a time restriction of use, but some do express the desire for an outright ban. With these concerns in mind, staff has identified certain issues involving air, dust and noise as they pertain to gas powered leaf blowers. ~ ,. Air - Many people are concerned about the effect leaf blowers have on air quality. In 1982, the South Coast Air Quality Management District (AQMD) considered effectively banning leaf blowers by mandating controls that would reduce hydrocarbon emissions. Due to opposition from the gardening industry, controls were never approved. Current AQMD regulations may involve raising the standards for smaller engines. The two cycle engines currently used by gardeners would not meet these standards, resulting in the four cycle engines use. City Council Report Gas Powered Leaf Blowers November 6, 1989 Page two Problems are associated With the larger engines because they are more expensive and heavier. Dust - Another impact leaf blowers have on the environment is dust displacement. Dust displacement is one of the components that contribute to the overall quality of air. The dust itself is not just made up of dirt. It may also contain fertilizers, insecticides and powdered dog and cat feces. Although these particles are a contribution to deterioration of the air quality, AQMD feels that it is more of a local nuisance rather than a regional concern. Noise - Noise is measured by a sound meter. The sound meter records the intensity of sound levels by measuring the decibels (dB). Sound is registered on a logarithmic scale, so the'difference between 60 dB and 70 dB is significant. The sound meter cannot identify when there is more than one source of noise. Therefore, it cannot register the "irritating" characteristics of sound. Most people do not find noise produced from other sources to be as offensive as the noise generated from a leaf ~lower. This is because leaf blowers actually generate two sounds - - one from the engine and one from the fan. These sounds form different sound waves which may cause irritating noise. Current Noise Standards - Tustin's noise standards were adopted similar to those for state standards. Tustin does not currently have specific noise standards for leaf blowers. However, according to the standards already in place, leaf blowers which operate at 70 dB at the property line can only be used for five minutes. Most leaf blowers, as presently designed, operate above 70 dB which makes their use not within the permitted noise level. If a leaf blower were to operate at less than 70 dB, it could be used fOr a longer period of: time. The code enforcement officer is responsible, with some police assistance, for enforcing the noise ordinance. Historically, enforcement has not been easy. The code enforcement officer, as well as the police department must have evidence of a noise violation. This is almost always difficult. By the time the enforcement officer can respond to a complaint, the alleged violator has ceased or is gone. Charges are forwarded to the district attorney for action but are generally a low priority and may not be actively pursued. Community Development Department City Council Report Gas Powered Leaf Blowers November 6, 1989 Page three Options for Requlation - If the City wishes to regulate the use of leaf blowers, the following is a listing of options available: 1. Limit hours of use. 2. Total ban of use. 3. Combination of both of the above. Option #1 Limit Hours of Use~ Regulating the hours of use of the leaf blowers could be aligned with the standards already in place for construction work. These hours are between 7:00 a.m. and 6:00 p.m. on weekdays, with no work being performed on weekends except by special permit from the building official. In the case of leaf blowers, however, the special permit could be issued by the code enforcement officer. Newport Beach and Palo Alto are among the cities that Specify the time frame that blowers can~be used. These cities report that they have little problem with enforcement. Enforcement for our City would be handled by the code enforcement officer using warnings. Costs associated with enforcement should remain the same. ' Option #1 assumes that most complaints are received during the early morning and late night hours. It also assumes that environmental concerns are secondary to adverse affects on the gardening industry. This option would probably not affect the use of water. Option #2 Total Ban The banning of leaf blowers is an alternative being chosen by a growing number of cities. The cities of Palos Verdes and 'Carmel currently have banned gas powered~leaf blowers. Cities that have outright bans have indicated that enforcement is burdensome at first. However, enforcing a ban would be easier than enforcing sound ordinances. The code enforcement officer would be able to enforce the regulation by simple observation, rather than by measuring sound. Enforcement may be further strengthened by making persons who may employ the violator also liable for infractions. This option assumes that the environmental concerns of dust displacement and emissions control are of utmost importance. Community Development Department City Council Report Gas Powered Leaf Blowers November 6, 1989 Page four Therefore, leaf blowers would be banned regardless of' potential adverse effects on the gardening industry. This option may impact the use of water. Option #3 Combination of the Above A combination of the first two options would address many of the shortcomings of the individual options. Environmental issues could be handled without as many adverse effects to the gardening industry. The City of Pasadena was the only city that responded with restrictions specifically designed for residential areas. Their restrictions are based on time frame of operation. The time leaf blowers are used could be restricted in commercial and industrial areas to the hours between 7:00 a.m. and 6:00 p.m. on weekdays, which correlates with the current construction timetable. At the same time, a total ban of the use of leaf blowers could be implemented for residential areas. This would allow time for progress to be made in other areas. Manufacturers would be encouraged to design a much quieter, cleaner motor; and other regulating agencies could update noise and emission standards. Thi~ option should help cut down the number of operators of leaf blowers and may reduce cumulative emissions. However, there may be a change in water use. , CONCLUSION While staff has identified some alternative regulations for the use of gas powered leaf blowers, staff recognizes that there exists a variety of other possibilities. Staff requests direction from the City Council as to the appropriate regulation of gas powered leaf blowers. ~~ E. Bonnet Planning Technician ~ ~el ~tt ol ~e o~' cSohm~n ~ ~°~eve 1 opment AEB:CAS:kbc Community Development Department 442 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF' PALOS VERDES ESTATES, CALIFORNIA, P~DHIBITING THE USE OF ~ AND DEBRIS BIXINERS WITHIN THE CITY LIMITS ~, , ~{ERF2%9, the use of. electrical or gasoline powered weed and debris blowers .creates a noise which is bothersome to nearby residents and passers-.by; auld, . WHEREAS, present Ordinance No. 203 of the Code of the City of Palos Verdes Estates, regulating noise, fails to cover' all situations in which said blc~vers might be used; and, WHEREAS, the use of said blc~ers causes dust and other debris to be blown onto adjoining properties and onto public streets; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALOS VERDES ESTATES DOES ORDAIN AS FO~S: S~CTION 1. Section 12-37 (A) of the Code of the City of Palos Verdes Estates is hereby added to read: "~e use of electrical or gasoline powered blowers, such ; as cc~monly used by gardeners .and other persons, for cleaning yards, driveways, gutters, and curbs is prohibited at any time wit]ain the City limits_of ...Palos. Verdas_Es~.~. '! ...... 8.56.080--8.56.110 I. Whether the origin of the noise is natural or un- natural; J. The duration of the noise; K. Whether the noise is recurrent, intermittent, or constant; L. Whether the noise is produced by a commercial or a noncommercial activity. (Ord. 80-4 Si(part), 1980: prior code S699.69). · % 8.56.080 Combustion engine blower. The operation of ~ combustion engine blower for the purpose of' displacing, removing or blowing any materials from or about public or private property in a manner which allows the engine to be heard on public property and causes the materials to be blown into'the air in a manner which allows them to settle on public property or on private property not belonging to the .same~'~wner on which the blower is being operated is de- clared to be a public nuisance and unlawful. (Ord. 80-4 ~l(part), 1980: prior code ~699.70). 8.56.090 Residential units in commercial district. _ Noise generated by or from business operations or about business premises, between the hours of eleven p.m. and eight aim., which noise can be heard...~nsi~ apartments, condominiums, or other residential unit~ 'and is of a character which pre- vents a reasonable person of normal sensitiveness from quietly enjoying the premises including sleeping therein, is deemed to be Class D noise and is prohibited. (Ord. 80-4 ~l(part), 1980: prior code ~699.71). 8.56.1'~0 Vi~'~ti~ns--infractions. Any person violating any of the provisions of this chapter shall be deemed guilty Of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Ord. 80-4 ~l(part), 1980: prior code ~699.62). 8~56.110 Violations--Additional remedies--Injunctions... As an"additional remedy, the operation or'maintenance of any device, instrument,' vehicle or machinery in. violation of any provision'of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace'of residents in the area, shall be deemed, and is declared to be a public nuisance and may be subject to abate- ment summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 80-4 SI(part), 1980: prior code §699.63). AGtrS cALn'oRNIA crrms Sacramento, Califm. n~ 9e,8:t4 186-5 , (Carmel 6/82) PUBLIC PEACE, MORALS AND SAFETY .... CONSTRUCTION HOURS (includes any and all deliveries) MONDAY - FRIDAY ................... 8:00 a.m. to 8:00 p.m. SATURDAY ........................... 9:00 a.m. to 8:00 p.m. SUNDAY/HOLIDAYS ................... 10:00 a.m. to 6:00 p.m. NOISE LIMITS 1. No individual piece of equipment shall exceed I 10 dBA. measured 25 feet from such equipment. 2. Noise level at any point outside of the construction property plane shall not exceed 110 dBA. " Violation of' this Ordinance is a misdemeanor punishable by a maximum of six months in jail, S$00 fine, or both. Violators will be prosecuted. P.A.M.C. § 9.10.060(b). (c) Construction on Residential Property. Construction, alteration. demolition or repair activities constructed on-residential property, au- thorized by valid city permit, shall be allowed only during the hours of eight a.m. and six p.m. Monday through Friday. nine a.m. and six p.m. on Saturday. and ten a.m. and six p.m. on Sundays and holidays, if they meet the following standards. (1) No individual piece of equipment shall produce a noise level exceeding one hundred ten dBA at a distance of' twenty-five feet. If the de- vice is housed within a structure on the property the measurement shall be made outside the structure at a distance as close to twenty-five feet from the equipment as possible. (2) The noise level at any point outside of' the property plane of' the project shall not exceed one hundred ten dBA. (d) Other Equipment. Eq,uipment used by city employees, city con- tractors, or publicutility companies or their contractors, not covered by sub- sections (b) and (c) of this section, shall b~ allowed during the same hours as the exception set forth in subsection (b) of this section, providing no piece of equipment s.hall produce a noise level which exceeds one hundred ten dBA, measured at a distance of twenty-five feet from the equipment. (e) Residential Power Equipment. Residential power equipment shall be allowed during the hours of eight a.m. and eight p.m. Monday through Friday. nine a.m. and six p.m. Saturday. and ten a.m. and six p.m. on Sun- days and holidays, providing it does not _produce_ a no_is_e level that exceeds nit'err-five dBA measured at twent~,-five feet from the equipment. il') Gas-powered Leaf Blowers. Until July 1, 1989. gas-powered leaf blowers, which do not produce a noise level in excess of eighty-two dBA when measured from a distance of twenty-five feet, shall be allowed during 212-4 (P~io Alto ¢.85) ----- NOISE 9.10.070 the following hours: nine a.m. and five p.m. Monday through Saturday and ten a.m. and four p.m. Sundays and holidays. On July 1, 1989, and there- after, only gas-powered leaf blowers which produce a noise level of seventy- five dBA, or less, shall be allowed during the permitted hours, specified in the preceding sentence. (g) Street Sweeping. Street sweeping activities are allowed between the hours of ten p.m. and seven a.m. daily, provided they do not produce a noise level in excess of ninety-five dBA. or local ambient, when measured at a dis- tance of twenty-five feet from the street sweeper. (h) Refuse Collection. Refuse collection activities shall be permitted between the hours of four a.m. and nine p.m. daily, provided they do not produce a noise level in excess of ninety-five dBA measured at a distance of twenty-five feet from the activity. (i) Safety Devices. Aural warning devices which are required by law to protect the health,, safety and welfare-of the community shall not produce a noise level more than three dBA above the standard or minimum level sti- pulated by law. (j) Emergencies. Emergencies are exempt from this chapter. (k) Public Parking 'Lot Cleaning. Cleaning equipment, when used in public parking lots, shall be allowed during the hours of ten p.m., and seven a.m., Monday through Friday, providing' no such pie.ce of equipment shall produce a noise level that exceeds eighty-two dBA measured at a distance of twenty-five feet until July 1, 1989, and seventy-five-dBA measured at a dis- tance of twenty-five feet thereafter.. (1) Business District Street Cleaning. Cleaning equipment, when used in public streets in business districts shall be allowed during the hours of ten p.m.. and seven a.m., Monday through Friday, providing no such piece of equipment shall produce a noise level that exceeds eighty-two dBA measured at a distance of twenty-five feet until July 1, 1989, and seventy-five dBA measured at a distance of twenty-five feet thereafter. (Ord. 3790 § I, 1988;' Ord. 3763 § 1, 1987; Ord.'3751 § 2, 1987: Ord. 3640 § 1, 1985;Ord. 2664 § 1 (part), !.972). 9.10.070 Exception permits. If the applicant can show to the city manager or his designee. that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible up to six months, but renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. Any person aggrieved with the decision of the city manager or his designee may appeal to the city council pursuant to Section 16.40.080 of this code. (Ord. 2664 § 1 (part), 1972). 212-5 0',~o taro ~.~) · 7.,"1~ ~ ~e~ ' ' - " ORDINANCE NO. 745 . ~ .':'AN ORDINANCE OF THE CITY OF MENLO PARK AMENDING ...... CHAPTER 8.04 OF.THE MENLO PARK. MUNICIPAL 'CODE RELATING ~O ~UISANCES 'T~e' cit~'.c~'~n'cil does ordain as ~ollows: SECTION-1¥.A new sub~ction (20) is added io Section "~.04.0~0'0~ t~e MenJo Park Municipal Code lo read a~ follows:. "~;~Le~l. Bl~em;-The use-or operalion on;M,~hb~'~hF~u'g~.Friday from 6'00'p'm to 8 00 a m b ' .. Satd'rda~s.~n~.~.n'day~ ex~epl be~wee~'t~e h~urs"~T'~ ~.o~ 'and. 3:00.'h;~:~;'by.~bmeowners' residents, or per~o~s w~o 'rec61ve'nb C0mp~nsation for the performance of services at the . .. ,~ '.. ~.~..~.~ ,.. ... P[~mise~; and (c).on federal holidays. '. "SECTI'ON 2,'This Ordinance shall be published once In the .. M~nlo-~¥h~'~ton'R~co'~der, a newspaper of general circd[ation, ' , printed, pu~lisho~ and circulated in the City o~ Menlo Park, and shall.take elfect thlHy days afler ils passage and adoption. · INTRODUCED the 12th day of May, 1987. ~ PASSED"AND'"ADOPTED as an Ordinance of the City of Menlq P~rk.'~t a"meeting Of the Council el said City on the 26lh :day 0f Ma~,: 198~,. by the following vote': 'AYES: .C0~ncil~embers: GUNN, JONES, LA FETRA, MOaR S,. ORENSE ., '"' "NOES:~Coun~llmembers: NONE. ~':.' ABSENT:/C0uncllmembers: NONE. .' ' ,""~;':~BSYA~ ~v:C'0'~h ~ll~m'b~rs. . ' ... · ' ;.,,,~ ..... ~ ..... NONE~ · ,,...~PROVED:"B7 /s/ Ted Sorensen, Mayor of the Cily M~nl~ P~k.... ', .... ~.. 'of - · . ATTEST:/s/.Jayo M. Cnrr, Cily Clerk Published In the MENLO-ATHERTON RECORDER June 3, 1987. .. LA N N I N I..l D E i'/\ ll'l hi F. NT CITY OF ALAhlF. DA ~. 32. 010--8 . 36 ~ 0'20 8.32.010 Unlawful acts. It is unlawful for any per- son w~'~hin th~' city to use or operate or cause to be operated or to play any radio, phonograph, jukebox, record player, loudspeaker, musical instrument, mechanical device, machine, apparatus, or instrument for intensification or amplification of the human voice or any sound or noise in a manner so loud.as to be calculated to disturb the peace and good order of the neighborhood or sleep of ordinary persons in nearby residences, or s~loud as to unreasonably disturb and inter~ fete with the peace and comfor'~ of the occupants of nearby residences. (Ord. 256 $1, 1978). · 8.32.020 Evidence of violation. The operation of any such ~nstrument, phonograph, jukebox, machine or device in such manner as to be plainly audible at a distance of one hundred feet from the building, structure, vehicle, or place in which, or on which it is situated or located shall be prima facie evidence of a violation of this section. (Ord 256 ~2, 1978). .. . ' 8.32.030 Violation--Penalty. An~ person violating any of the provisions of. this. chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine .and imprisonment. (Ord. 256 ~3, 1978). Chapter 8.36 AIR-BLOWING MACHINES Sections: 8.36. 010 Use unlawful at certain .hours. 8.36.020 Unlawful to propel debris beyond property boundary. " 8.36. 030 Violation--Penalty 8.36.010 Use unlawful at certain hours.~' It shall be unlawful in any residential area to operate any type of air- blowing machine or device which is designed or intended to blow, ~ispel, or make airborne, dust, leaves, grass cuttings,. paper, trash, or any other type of unattached debris or ma- terial, between the hours of ten D.m. and eight a.m. (Ord 314 ~1, 1985). 8.36.020 UnlaWful to propel debris beyond property boundary. It shall be unlawful for any person to use or operate any type of air-blowing machine or device in such 121-1 (Wasco .12/85) summarily by a restraining order or injunction issued by a court ofcompetentjurisdiction. (Ord. 5118 § 1.50, 1973) Chapter 9.37 LEAF-BLOWING MACHINES Sections: 9.37.010 9.37.020 · 9.37.030 9.37.040 9.37.050 9.37.010 Declaration of policy. Definitions. Unlawful use. Certificate of compliance to be flied with department of finance. Health department certification of leaf blower required. _.. Declaration of policy. It is declared to be the policy of the city to .prohibit unnecessary, excessive and annoying noise, airborne dust and noxious fumes caused by'the use of leaf blowers in residential areas pursuant to the city's police power. (Ord. 6227 § 1 (part), 1987) 9.37.020 Definitions. As used in this chapter, . unless .the context. otherwise indicates, the words and phrases used in this chapter are defined as follows: A. "Leaf-blowing machine" means any device Or air-biO, wing machine, gas or electric, which is designed or.intended, by generating a concentrated stream of air, to blow, dispel, or make airbo'rne, leaves, grass cuttifigs, paper, trash or any other type of unattached debris Or material. · B. "Parcel" as used in thischapter, means that area of.real property as definedby the county recorder. Contiguous parcels owned by the same ' individual or entity shall be considered.one par- cel for the purposes of this chapter. C. "Residential area" as used in this chapter, means any property used in a manner defined as a residential use in Section 17.16.030 ofthis code. 435 9.37.010--9.37.040 Sidewalks and streets adjacent to residential property shall be considered a "residential area" for purposes of this chapter. (Ord. 6227 § 1 (part), 1987) 937.030 Unlawful use. A. It is unlawful for any person to use or to operate or cause to be used or operated any type of leaf-blowing machine or device within a resi- dential area, except between the hours of 7:30 a.m. and 6:00 p.m. Monday through Frida.v-and 9:00 a.m. and 5:00 p.m. Saturday. B. It is unlawful for any person to use or oper- ate or cat/Se to be used or operhted a leaf blower in such a manner as to blow, dispel or make airborne, leaves, grass cuttings, paper, trash or ..a._ny ~ot_h_er type of unattached debris or material, which by its use will intentionally cause such leaves, grass cuttings, paper, trash or anv other · type of unattached debris or material to become airborne or travel beyond the property bound- ' aries of the parcel on which it is being used, to adjoining properties or public rights-of-way within the city and to remain there for more than 15 minutes. C. It is unlawful to operate more than I leaf blower per parcel. D. It is unlawful to use a leafblower for more than' 15 minutes per hour on parcels ofless than one-half acre and for more than 30 minutes per hour on parcels groater than one-halfacre. (Ord. 6227 § I (part), 1987) 9.37.040' Certificate of compliance to be filed with department of finance. It is unlawful for any person to utilize a leaf blower without having on file a certificate of compliance with the health department attesting to their knowledge of leaf blower operation and that thev will operate a leaf blower in a manner so as to minimize dust and noise, and that they will utilize and keep in good working condition the noise reduction equipment installed on their leaf blowers. (Ord. 6227 § I (part), 1987) I Pasadena 12-31.87~ 9.37.050--9.41.010 .*.37.050 Health department certification of leaf blower required. It is unlawful to use a leaf blower in a residen- tial area Unless it is certified annually by the health department. The health department shall, from time to time, establish a maximum noise level for all leaf-blowing machines to be certified for use within residential areas, which noise level shall be approved by the board 0f directors bY resolution. Upon certification, a sticker shall be affixed on the body of the lea£blower so as to be visible at all times. (Ord. 6227 § I (part), 1987) Chapter 9.40 BALL GAME BACKSTOPS Sections: ' 9.40.010 9.40.020 9.40.030 Required. Trespassing to recover ball. Violation--Penalty. 9.40.010 Required. It is unlawful to play the game known as ten- nis, or other game in .which a ball or balls are used, unless the court or place whereon such game is played shall be so equipped with back- stops or other protective devices as to effectually prevent any ball and all bails used thereon from passing over or upon lands adjoining such court or place. (Ord. 1397 § 1, 1913) · 9.40.020 Trespassing to recover ball.' After the owner or occupant of any land or .premises adjoining or in the vicinity ofany ~ourt or place where .tennis, or other game in which a ball or balls, are used, is played shall have posted in a conspicuous place thereon a sign or signs bearing in plainly legible letters the words "Nb t[espassing" or other words to the same.effect, it nlawful to enter upon the land or premises .,ereon such sign or signs are posted for the purpose of recovering any ball or balls, without ¢ Pasadena 12-31-87) 436 having first secured the expressed consent of the owner or occupant of the premises to such entry.. (Ord. 1397 § 2, 1913) 9.40.030 Violation--Penalty. Any person, firm or corporation, who or which violates any &the provisions ofthis chap- ter, is deemed guilty ora misdemeanor, and upon. conviction thereof shall be punishable by a fine ofnot more than $50.00, orby imprisonment for not more than 50 days, or by both such fine and imprisonment. (Ord. 162'9 § 1, 1916: Ord. 1397 § 2-I/2, 1913) Chapter 9.41 . COMBUSTIBLE BALLOONS Sections: 9.41.010 Unlawful to release. 9.41.010 Unlawful to release. No person shall release within the city any toy balloon, or miniature' balloon, or any balloon which is not under control, and which is com- posed or partly composed of, or to which there is attached, any substance which is ignited or burn- ing when such balloon is released, or which will ignite and burn after such balloon is released. (Ord. 5577 § 2, 1982) ' " Article V,,.©ffenses Against Property Sections: 9.48.010 9.48.020 9.48.030 9.48.040 9.48.050 Chapter 9.48 FIRE HYDRANTS Short title. Definitions. Connection permit required. Taking water without permit. Hydrant operations.