2000 Municipal Code - Leaf BlowersCity Ol /o/4n t.. /6 INCORPORATED JANUARY 24, 1957
1 1
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
Agenda Item No: 7-B
Mtg. Date: 12/14/92
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CRAIG R. NEALIS, CITY MANAGER
SUBJECT: CONSIDERATION OF REPORT RELATIVE TO WEED AND DEBRIS
BLOWERS.
DATE: DECEMBER 14, 1992
__This -report-has-been-prepared at the request of Mayor Gordana Swanson and is presented- - -
this evening for discussion purposes.
Currently, the Rolling Hills Municipal Code does not specifically regulate the use of weed
aid debris (leaf) blowers. --Although Section 15.36.010 of the Rolling Hills Municipal Code
regulates "work of improvement" activity on property within the City, and Section 15.36.020
permits "hours of construction" between 7:00 a.m. and 6:00 p.m. Monday through Saturday,
these sections fall short of providing specific authority to regulate leaf blowers.
The Cities of Rolling Hills Estates and Rancho Palos Verdes do not regulate leaf blower
use.
The City of Palos Verdes Estates adopted Ordinance No. 442 prohibiting the use of weed
and debris blowers within that City on May 12, 1987. Ordinance No. 091-528 however,
suspending this total prohibition was adopted on March 26, 1991. The suspension of the
ordinance was due to the current drought situation. It was the desire of the Palos Verdes
Estates City Council to provide for limited and regulated use of weed and debris blowers
to offset any unnecessary use of water for cleaning of driveway areas.
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Printed on Recycled Paper.
4
In the City of Palos Verdes Estates, blower operators visit City Hall, demonstrate their leaf
blower to a representative of the Police or Planning Department and measurement of the
noise generated from the leaf blower is taken by a decibel meter. A blower that produces
more than 70 decibels (DBA) measured at 50 feet, is prohibited from use within the City.
Each weed and debris blower is certified annually. Applicants are provided a certificate
following payment of $10.00 each year.
Further, it is prohibited in Palos Verdes Estates to operate blowers to cause dirt, dust,
debris, leaves, grass, clippings, cuttings, or trimmings from trees or shrubs to be blown or
deposited upon any adjacent or other parcel of land, public right of way, parkland, or
property other than the parcel or lot upon which the weed and debris blower is being
operated. All debris disturbed by the blower shall be removed and disposed of in a sanitary
manner within one hour of collection. Blowers are also prohibited to be used within 10 feet
of any operable window, door, or mechanical air intake opening or duct.
Use of blowers is prohibited after the hour of 5:00 p.m. on Monday through Saturday, and
before the hour of 8:00 a.m. on Monday through Friday and before 9:00 a.m. on Saturday.
Specific holiday use is also prohibited.
A copy of the ordinances from the City of Palos Verdes Estates is attached to this staff
report.
Staff has contacted the League of California Cities and additional information relative to
this subject is forthcoming.
CRN:mlk .
corres.cm\leafblower.sta
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ORDINANCE NO. 091-S28
AN ORDINANCE OF THE CITY COUNCIL OF TEE
CITY OF PALOS VERDES ESTATES, CALIFORNIA,
SUSPENDING THE PROVISIONS 07 SECTION
8.28.030 OF, AND ADDING SECTION 8.28.031
TO, THE PALOS VERDES ESTATES MUNICIPAL
CODE, RELATING TO THE USE OF WEED AND
DEBRIS BLOWERS FOR TEE DURATION OF THE
CURRENT WATER EMERGENCY, AS DETERMINED BY
THE CITY COUNCIL
CITY ATTORNEY'S SYNOPSIS
The current provisions of the Palos Verdes Estates
Municipal Code prohibit the use of weed and debris blowers
in the City. Due to the current drought situation, it is
the desire of the Council to suspend this prohibition and
provide for limited and regulated use of weed and debris
blowers.
This Ordinance suspends the total prohibition on
the use of weed and debris blowers in the City for the
duration of the drought and establishes certain specified
minimum standards, restrictions, and limitations on the use
of weed and debris blowers. The Ordinance also requires
that each blower be tested and certified by the City and
that each approved blower received an appropriate label from
the City.
Upon Council determination that the current water
emergency has been reasonably concluded, this Ordinance can
be rescinded and the provisions of the Palos Verdes Estates
Municipal Code prohibiting the use of weed and debris
blowers will be reinstated.
THE CITY COUNCIL OF THE CITY OF PALOS VERDES
ESTATES, CALIFORNIA, FINDS:
A. The City of Palos Verdes Estates, as well as
the rest of the State of California, is currently
experiencing a severe drought situation creating significant
shortages in the availability of domestic and potable water.
B. California Water Service, the water purveyor
for the City of Palos Verdes Estates, has implemented
emergency water conservation rules and regulations designed
to conserve the use of water and help ensure the
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P.u.
ORDAINS:
availability of limited water resources for drinking,
health, and sanitary purposes.
C. It is the desire of the City Council to fully
encourage the residents of the City of Palos Verdes Estates
to adhere and practice the conservation measures mandated by
California Water Service.
D. It is the desire of the City Council to
suspend certain provisions of the Palos Verdes Estates
Municipal Code which may deter or inhibit residents of the
community from fully cooperating with mandated or desirable
conservation measures.
E. The City, pursuant to Palos Verdes Estates
Municipal Code Section 8.28.030, prohibits the use of
electrical or gasoline powered blowers, such as commonly
used by gardeners and other persons for cleaning yards,
driveways, gutters, and curbs within the City limits. The
City Council believes that this prohibition on weed and
debris blowers within the City may result in the use of
water for cleaning yards, driveways, gutters, and curbs.
TER COUNCIL OF TEE CITY OP PALOS VERDES ROTATES
Section 1. The provisions of Section 8.28.030 of
the Palos Verdes Estates Municipal Code, relating to weed
and debris blowers, is hereby suspended for the duration of
the current water emergency, as determined by the City
Council. This Ordinance, and the concomitant suspension of
the provisions of Section 8.28.030 and the adoption of
Section 8.28.031, shall remain in effect until the Council
repeals this Ordinance, after finding that the current water
emergency has been reasonably concluded. Any determination
of the Council pursuant to this Section shall be conclusive
and final.
Section 2. Section 8.28.031 is added to the Palos
Verdes Estates Municipal Code to read:
8.28.031. Weed and Debris glover Operations.
A. General Prohibition. No person shall operate
a weed and debris blower that produces more than 70 decibels
(d8A), as measured at 50 feet, within the City.
B. certification. Each weed and debris blower
shall be tested and certified for use annually by the City
Manager or the designee of the City Manager. Each
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individual weed and debris blower shall bear the label of
required approval in a visible location on the equipment
prior to use and at all times during use. A fee for the
City to recover all costs connected with equipment approvals
shall be charged in an amount set by the Council by
resolution.
c. Definition. For the purpose of this Section,
the term "weed and debris blower" shall mean any portable
power equipment powered by fuel or electricity and used in
any landscape maintenance, construction, property repair, or
property maintenance for the purpose of blowing, dispersing,
or redistributing dust, dirt, leaves, grass clippings,
cuttings and trimmings from trees, shrubs, or other debris.
D. Debris Restriction. No person shall operate
any weed and debris blower within the City in such a way as
to cause dirt, dust, debris, leaves, grass clippings,
cuttings or trimmings from trees or shrubs to be blown or
deposited on any adjacent or other parcel of land, lot, or
public right of way, parklands,or property other than the
parcel or lot upon which the weed and debris blower is being
operated. Deposits of dirt, dust, leaves, grass clippings,
debris, cuttings or trimmings from trees and shrubs shall be
removed and disposed of in a sanitary manner which will
prevent dispersement by wind, vandalism or similar means
within the (1) hour of deposit by the user or property
occupant.
E. Prohibited Sours. No person shall operate a
weed and debris blower during the following prohibited days,/
times, or hours:
1. Each and every Sunday;
2. January 1;
3. Last Monday in May;
4. July 4th;
5. First Monday in September;
6. Thanksgiving Day;
7. Christmas Day;
8. After the hour of five p.m. on Mondays
through Saturdays
9. Before eight a.m. on Mondays through
Fridays; and
10. Before nine a.m. on Saturday.
F. Prohibition on Location. No person shall
operate a weed and debris blower within a horizontal
distance of ten feet of any operable window, door, or
mechanical air intake opening or duct.
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Section 3. The adoption of this Ordinance shall
not be construed as approving or condoning the use of weed
and debris blowers within the City. This Ordinance simply
reflects the desire of the City Council toprovide for
alternate methods of cleaning yards, driveways,
curbs during the duration of the current wateremergency.and
PASSED AND APPROVED this 26th day of March
ATTEST:
BARBARA J. VER, TCITY CLERK
,STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF PALOS vERDES ESTATES)--
Palos Verde. Barbara J. Culver , City Clerk of the City of
Estates , do hereby certify that the foregoing Ordinance
No. 09 was regularly introduced and placed upoit its
first reading at a regular meeting of the City Council on
the 26th day of February , 1991 . That thereafter,
said Ordinance was duly adopted and passed at a regular
meet hg of the City Council on the 6th day of
r• 1991 , by the following vote, to wit:
AYES: COUNCILMgMBERS: Mattingly, Moody, H y umphrey
NOES: COUNCILMEMBERS: Gralow
ABSENT: COUNCILMEMBERS: Nyman
CITY ATTORNEY
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OPD7 ZE N0. 442
M
ORDPALOSV MTCOpNCTI. OP ' CITY OF
ESTATES, CALIFOPSIA, PROHIBITING
THE USE IT WEED MD S WITEtIN THE
CITY laws
debris bi
creates a noise which is pow weed and
and passers-by; and, to nearby residents
Pa present Ordinance No. 203 of the Code of the City of
in which said blowers might eoise, fails to cover all situations
be used? and,
to be Mawr, the use of said blowers causes dust and other debris
j properties and onto public streets
ESTATES DOES pgflxHEREPORS pp13: THE CITY COUNCIL OP Tt CITY orPAT,pS VIIiDFS
Palos V s Oil 1. Section 12-37(A) of the Code of the City of
tea is hereby added to read:
- - - $ STS - --
"The use of electrical, or gasoline powered blowers, such
as courcinly used by gardeners and other
persons,
yards, driveways, gutters, and curbs is proh for cleaningany
time within the City limits of Palos EstateVerdes at any
to -the
I. The Moyer shall sign and the City Clerk shall
certifyeri maketa e pass and pa Q° of this ordinance. The City Clerk
of the proceedings of the Ci `ty' °C jl in the mioption nutes
it the recordsing
which the same is passed and ndriause of the meeting at
posted once in three (3) ' and shall cause same to be
limits of the City within the time conspicuous lic neras within the corporate
This effect and be in prescribed
(30) days after the addoption thereof. X11 force and effct thirty
19 87 . APPRCNED AIM 12th day of Ma
CITY OF PALS VEPDFS ESTATES
ATTEST:
RESOLUTION NO. 1163
A RESOLUTION OP THE CITY COUNCIL OF THE CITY Cr
PALOS VE DES ESTATES,
TO THE SOUTH PAY MUNICIPAL COURTHAM FOR SECTION
12-37A OF THE PAWS VERDES ESTATES CODE
THE CITY
Y RESOL ate+_ T CITY OF PALOS VERDES ESTATES DOES
SECTION 1. The City Council recommends to, tine Honorable
Judges of the South Bay municipal Court that bail for the violation of
Section 12-37A of the Palos Verdea Estates Code be fixed in the sun of
$35.00.
SECTION 2. The Police Chief is directed to transmit a
copy of this Resolution to the Presiding Judge of the South Bay
Municipal Court.
SECTION 3. The City Clerk shall certify the adoption of
this Resolution and thenceforth and thereafter the same shall be in
full force and effect.
PASSED, APPROVED AND ADOPTED this �9th day of
June --,.._., 19 87.
ATTEST:
MAYOR
Daily Breeze
SATURDAY
December 19. 1992
Lrea
Lawndale .to
Pretty soon, if you want to throw
leaves and refuse‘ in your neighbor's
yard in Lawndale, you'll have to do it
by hand.
Using leaf -blowers : (Cr things like
that will be against•the itw.
On Thursday, Lawndale City
Council members unanimously ap-
proved an ordjpanoe barring the use
of blowers to ptsh "dust, dirt, paper,
packaging, ; : leaves, grans clip-
pings, cu s�"and '-trimming. from ,
ttl,�
a,y
trees and shrubs, or other similar ma-
terial" onto a neighbor's lawn.
The law goes into effect Jan. 16.
It also requires leaf -blower opera-
tors to clean up after themselves
LAWNDALE/A4
within en hour of using a ma-
chine and bars them from run-
ning the blowers near doors or
windows.
Mayor Harold Hofmann said
violating the ordinance will be a
misdemeanor, but he doesn't
expect many arrests.
"You have some people who
want to have gasoline blowers
outlawed altogether," he said.
"Until that happens, you're
going to hear complaints about
thin. But sometimes you can
solve a problem by just telling
people. They 'get doing things
by habit and it gets to annoy
people."
8.12.010--8.16.020
Chapter 8.12
HAZARDS
Sections:
8. ' 0 Hazards ordinance adopted.
8.12.010 Haza •- ordinance adopted. A. Ordinance No.
5307 of the county, •e n e general hazards ordinance of
the county, as amended and in ect on September 7, 1973,
is adopted as the general hazards o ance of the city.
B. Three copiye-of Ordinance No. S'3 f the county,
as amended and effect on September 7, 1973, been
deposited i. e office of the city clerk and shall
all time aintained by the city clerk for use and examina=~.
tion the public. (Ord. 15 S1(part), 1974).
Chapter 8.16
WEED AND DEBRIS BLOWERS
Sectional
8.16.010 Times and manner of prohibited use.
8.16.020 Violation --Penalty.
8.16.010 Times and manner of prohibited use. It is
unlawful for any person to use or operate a mechanical blow-
er before eight a.m. or after five p.m. Monday through Fri-
day, or before nine a.m. or after four p.m. on Saturday or
at any time on Sundays, or national holidays. It is further
unlawful for any person operating any type of mechanical
blower to blow' cuttings, refuse or debris onto a neighboring
property or into a street, gutter or drain. A mechanical
blower shall include any device used, designed or operated
to produce a current of air by fuel, electricity or other
means to push, propel or blow cuttings, refuse or debris.
(Ord. 222 51(part), 1987).
8.16.020 Violation --Penalty. Violation of this chap-
ter sha1116e an infraction and punishable as provided in
subsection H of Section 1.08.010 of this code. (Ord. 222
S1(part) , 1987) .
(Rancho Paloa•Verdes 104
10/88)
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League of California Cities
1400 K STREET • SACRAMENTO, CA 95814 • (916) 444-5790
California Cities
Work Together
TO: Craig Nealis, City Manager
City of Rolling Hills
#2 Portuguese Rd.
Rolling Hills, CA. 90274
310/377-1521
FROM:
DATE:
SUBJECT:
DW:mm
Dwain West, Research Intern
12/10/92
Leaf blower ordns.
Enc. (5) VI —D -3—e
REMARKS:
DEC 1 Q 1992
CITY. OF ROLLING HILLS
Dl .-- r iwi alms w-•111106
THIS MATERIAL IS FROM OUR LENDING FILES
PLEASE RETURN IT WITHIN THE CUSTOMARY
TWO WEEK LOAN PERIOD
These materials are from the League's lending library. The League makes these materials
available for general use only. The materials may involve legal issues which should be
evaluated by an attorney. The League performed no legal review on materials when they were
received and performs no legal review at the time the materials are sent out. Borrowers of
these materials should seek an attorney's advice on legal issues raised by these materials and
attorneys should'do their own review of the legal issues raised by these materials.
If we can provide further assistance, please do not hesitate to call.
PLEASE RETURN THIS FORM WITH ANY ENCLOSED LOAN MATERIAL TO:
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ATTN: Library
j:\legal\hm\forms\fibrary.tmp
T_'E :7:l- _ . ' . [:E-_ ,E:_
"_') = PO:
G"pacremCato, CuliferLla r
RE'i URN IN 2 WEEKS PLEA Y,
DRAFT
February 1, 1991
ORDINANCE NUMBER (NEW SERIES)
AN ORDINANCE AMMENDING CHAPTER , ARTICLE
DivIStON , OR THE SAN DIEGO MURICIPAL CODE BY
AMENDING SECTIONS 59.5.0502 AND 59.5.0601
RELATING TO THE DECLARA'T'ION OF CERTAIN ACTS
CONSTITUTING.: DISTURBING, EXCESSIVE OR
OFFENSIVE N01StS, AND THE PENALTY THEREFOR.
BE IT ORDAINED, by the Council of the City of San Diego, as
follows:
Section 1. That Chapter V, Article --•--, Division --, of the
San Diego Municipal Code be and the same is hereby amended by
amending section 59.5.0502 to read as follows:
SEC. 59.5.0502 DISTURBING, EXCESSIVE, OFFENSIVE NOISES
- DECLARATION OF CERTAIN ACTS CONSTITUTING
The following activities, among others, are declared to cause
disturbing, excessive or offensive noises in violation of this section
and are unlawful, namely:
G. Gas -Powered Leaf Blowers or Similar Devices
1. Gas -powered leaf blower or similar blower devices that
produce 70 or more decibels measured on the A weighted
scale (dBA), as measured at 50 feet, shall not be used or
operated within 50 feet of any residence, hospital or
similar habitat. After July 1, 1993, such equipment shall
be limited to 65 decibels or less (DbA) as measured at 50
feet. Thiss 50 -foot restriction shall not apply to the
owner's own residence or operator's contract locations.
However, the 50 -foot restriction does apply to adjacent
residences, hospitals or Similar habitat.
2. All machines must pass a noise level check every year.
Testing shall be performed by the General Services
Department, Communications and Electrical Division, or by
any agency or agencies designated by the division. •
3. leaf blowers may be operated only between the hours of
8 a.m. and 7 p.m. on weekdays and 9 a.m. to 5 p.m. on
Saturdays, Sundays and Holidays.
4. This ordinance shall take effect three months after the
adoption of this ordinance.
The fees for sound level testing of leaf blowers shall be determined by
the City Manager's Office and shall be related to the direct cost of the
testing. ��
Ij.. _'C _i.11 tu(E51:: 'F' ! . _ —.(=a = --': 1
February 1, 1991
ORDINANCE NUMBER (NEW SERIES)
All ORDINANCE AMMENDING CHANTER _, ARTICLE
DIVISION , OR THE SAN DIEGO MUNICIPAL CODE BY
MMMENDING_,. '("I 1 )NS 44.0118 RELATING TO THE DECLARATION
!`F i'F:RTAT►1 ACTS CUNS'll'I'V't'(NC: nTSTURBING, EXCESSIVE OR
OFFENSIVE LITTER, AND THE PENALTY THEREFOR.
BE IT ORDAINED, by the Council of the city of San Diego, as
follows:
Section 1.. That Chapter. -;'Article ----, Division --, of the
san Diego Municipal Code be and the samw is hereby ammended by
amending section 44.0118 to read as follows:
SEC. 44.0118 LL111.RING PROHi81TEU
A. 1. It shall be unlawful to litter or cause littering in
or upon any public or private property.
7. It shall bn unlawful for the operators of gas -powered or
electrreally powered leaf blowers to fail to dispose of
all trash and debris collected immediately.
.1. It shall be unlawful to blow trash and debris onto
adjacent public or private property.
4. It shall be unlawful to blow trash and debris toward or
into doors and windowsof adjacent property.
Any person or persons violating the provision of this
section shall be guilty of an infraction.
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ENVIRONMENTAL HEALTH DIVISION
Kenneth C. Stuart, Chief
Q2RR7O4O.. - 815 363 v_
COUNTY OF SACRAMENTO
ENVIRONMENTAL MANAGEMENT DEPARTMENT
NORMAN D. COVELL, DIRECTOR
LEAGUE OF CALIFORNIA CITIES
1400 K street
Sacramento, California 95814 1 '� 9
RETURN IN 2 WEEKS PLEASE
To : Sacramento Environmental Commission July 22, 1991
From Kenneth C. Stuart, Chief
Environmental Health
Subject: REPORT BACK - AMENDMENTS TO.THE CITY AND COUNTY NOISE ORDINANCES -
LEAF BLOWERS
Requested Action:
As a result of Subcommittee meetings on .the subject, the following is
recommended:
The Sacramento Environmental Commission recommends to the Sacramento County
Board of Supervisors, the Sacramento City Council, and the Galt City Council
that they amend their respective noise ordinances in the following manner:
A. Restrict the hours of operation for noise sources associated with the
maintenance of residential area property to the hours of 8 a.m. to 6
p.m. on any day except Sunday, and 9 a.m. to 4 p.m. on Sunday.
B. Establish a section in the noise ordinance relative to noise sources
associated with the maintenance of commercial or industrial property
within 200 feet of a residential area, and restrict the hours of
operation for these noise sources to the hours of 7 a.m. to 7 p.m. on
any day.
C. Establish a section on leaf blowers and include the following
standards:
1. Restrict the hours of operation for leaf blowers associated with
the maintenance of residential property, or commercial or
industrial property located within 200 feet of a residential
property to 9 a.m. to 6 p.m. Monday through Saturday and 9 a.m. to
4 p.m. on Sunday.
2. Establish a maximum permissible level of noise, as delineated in
Attachment A. that can be generated by leaf blowers.
8475 Jackson Road, Suite 240 • Sacramento, CA 95826 • (916) 386-6108
SEA iv:Xerox Telecopier 702' ' 7-18-91 : 3:30PM
neee70404 815 383 09334 3
Sacramento Environmental Commission
• Amendments to the City and County Noise Ordinances
Page 2
D. Direct Division staff to work with the Subcommittee and prepare a
report back for September, 1992 that:
1. Reviews the status of compliance with the new and amended
standards in the ordinance.
2. Reviews the feasibility and need of establishing a monitoring and
certification program for leaf blowers that includes:
a. Testing of equipment noise levels by industry;
b. Training of employees using leaf blowers by industry; and
c. Utilization of the business license system to verify the
compliance with the program.
3. Prepare recommendations. an the need to further modify the
standards relative to the use of leaf blowers or related property
maintenance equipment.
Background:
At your June 3, 1991 meeting, staff presented a report to you on the actual
health hazards associated with the use of leaf blowers. At the conclusion of
the report. you requested the Subcommittee to report back to you on June 24,
1991 with a date that recommendations on amending the City and County noise
ordinances could be prepared. On June 24, 1991, you accepted the Subcommittee
request for a report beck date of July 22, 1991, and scheduled a public hearing
for that date.
The Subccmmittee met on June 15, 1991 and July 2, 1991, discussed the options
delineated in the attached staff report, and agreed on the above stated
recommendations. It was -also agreed that a date for a review of the ordinance
amendments relative to leaf blowers should be established and that additional
regulations or a total ban on leaf blowers, if justified, be reconsidered.
Alternatives Considered:
The Subcommittee discussed alternatives ranging from leaving the ordinances as
they are written, to prohibiting the use of leaf blowers. It was agreed that a
total ban was not justified at this time and the most appropriate option.was to
implement additional restrictions on the operation of leaf blowers and property
maintenance equipment. Discussions then concentrated on the development of the
standards and whether a monitoring and certification program should be included
as part of the changes. The power equipment industry indicated their
willingness to be responsible for a monitoring and certification program, but
the Subcommittee agreed to recommend implementing the new standards now and
evaluating their impact prior to recommending the implementation of a testing
and certification program. These alternatives are more succinctly delineated in
Attachments A (proposed changes), B (monitoring and certification), and C
(prohibition).
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Attachment A
Proposed Changes
1. Include the definition'of a leaf blower
Section 6.68.050 - County Noise Ordinance)
Section 66.105 - Sacramento City Noise Ordinance)
Section 8.40.040 - Galt City Noise Ordinance)
2. Amend the hours of operation for noise sources associated with the
maintenance of residential area property to:
8 a.m. and 6 p.m. on any day except Sunday
9 a.m. and 4 p.m. on Sunday
Section 6.68.080(h) - County Noise Ordinance
Section 66.203(h) - Sacramento City Noise Ordinance
Section 8.40.080(h)=- Galt City Noise Ordinance
3. Add new provision regulating the hours of operation for noise sources
associated with the maintenance of commercial or industrial property
located with 200 feet of a residential property to:
7 a.m. and 7 p.m. on any day
4. Add a section on leaf blowers, and include the following provisions:
A. Restrict the hours of operation for leaf blowers associated with the
maintenance of residential property or commercial or industrial property
located within 200 feet of a residential area to 9 a.m. to 6 p.m. Monday
through Saturday and 9 a.m. to 4 p.m. on Sunday.
8. It shall be unlawful for any person operating a leaf blower to create
any noise exceeding the following level when measured at a distance of
fifty feet from the equipment or on any residential property.
(1) New equipment purchased, leased, or rented on or.after a date six
months from the effective date of this chapter shall not exceed a
noise level of 70 dBA.
(2) New equipment purchased, leased, or rented on or after forty-eight
months from the effective date of this chapter shall not exceed a
noise level of 65 dBA.
(3) Present equipment shall not exceed a noise. level of 70 dBA on or
after two years from the effective date of this chapter.
•SEN dY:Xerox Telecopier 7021 ; 7-18-91 : 3:31PM
93887040+ 815 383 09334 5
Attachment B
Wonitoring and Certification Program
1. Include the definition of a leaf blower
Section 6.68.050 - County Noise Ordinance)
Section 66.105 - Sacramento City Noise Ordinance)
Section 8.40.040 - Galt City Noise Ordinance)
2. Amend the hours of operation for noise sources associated with the
maintenance of residential area property to:
8 a.m. and 6 p.m. on any day except Sunday
9 a.m. and 4 p.m. on Sunday
(Section 6.68.080(h) - County Noise Ordinance
Section 66.203(h) - Sacramento City Noise Ordinance
Section 8.40.080(h) - Galt City Noise Ordinance
3. Add new provision regulating the hours of operation for noise sources associated
with the maintenance of commercial or industrial property located within 200
feet of A residential property to:
4. Add a section on leaf blowers, and include the following provisions:
A. Restrict the hours of operation for leaf blowers associated with the
maintenance of residential property or commercial or industrial property
located within 200 feet of a residential area to 9 a.m. to 6 p.m. Monday
through Saturday and 9 a.m. to 4 p.m. on Sunday.
B. It shall be unlawful for any person operating a leaf blower to create any
noise exceeding the following level when measured at a distance of fifty
feet from the equipment or on any residential property.
(1) New equipment /purchased, leased, or rented on or after a date six
months from the effective date of this chapter shall not exceed a noise
level of 70 dBA.
(2) New equipment purchased, leased, or rented on or after forty-eight
months from the effective date of this chapter shall not exceed a noise
level of 65 dBA.
(3) Present equipment shall not exceed a noise level of 10 dBA on or after
two years from the effective date of this chapter.
5. Add a section that specifies:
A. Leaf blowers operated by commercial enterprises shall be tested and
certified for compliance with the maximum noise levels specified above on an
annual basis.
B. Employees of commercial enterprises who Operate leaf blowers shall receive
annual training on the proper use of leaf blowers.
C. Government entities utilizing leaf blowers shall comply on an annual basis
with the testing and certification procedures defined above.
SENT BY4Xerox Telecopier.7021 ; 7-16-91 : 3:32PM ; 93887040-. 815 363 0933; 8
's Attachment C
Prohi6ition of. Leaf Blowers
1. Include the definition of a leaf blower
Section 6.68.050 - County Noise Ordinance)
Section 66.105 - Sacramento City Noise Ordinance)
Section 8.40.040 - Galt City Noise Ordinance)
2. Add the following section:
Leaf blowers are prohibited from use in the maintenance of residential properties
and from use in the maintenance of commercial or industrial properties located
within 200 feet of a residential property.
KCS:gfb
071291
139kcs/540A/91
y:.
gga/ORN228755f11/18/91)
LEAGUE OF CALIFORNIA CITIES
1400 K street
Sacramento, California 95814
RETURN IN 2 WEEKS PLEASE 1-1-/ /
ORDINANCE NO. 91- 18
AN ORDINANCE OF THE CITY OF DANA POINT,
CALIFORNIA, ADDING CHAPTER 6.20, "REGULATION
OF LEAF BLOWERS," TO THE DANA POINT MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF DANA POINT DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, the use of powered leaf and debris blowers
within the City of Dana Point creates a noise which is bothersome
to nearby residences and passers-by= and,
WHEREAS, the use of leaf and debris blowers
unnecessarily causes dust and other debris to be blown onto
adjoining properties and onto public streets and public rights -
of -way and unnecessarily contributes to the air and noise
pollution; and,
WHEREAS, in order to control unnecessary, excessive,
and annoying noise, dust, and debris in the City of Dana Point,
it is hereby declared to be the policy of the City to regulate
such noise, dust, and other debris generated by the use of leaf
blowers.
SECTION 1. Chapter 6.20, 'Regulation of Leaf Blowers," is
hereby added t- o tie Dana Point Municipal Code to read as follows:
"Chapter 6.20
REGULATION OF LEAF BLOWERS
Sections:
6.20.010 Definitions.
6.20.012 Regulations on Leaf Blower Operation.
6.20.014 Violations: Infractions.
6.20.016 Violations - Additional Remedies - Injunctions -
Public Nuisance.
6.20.018 Real. Property Maintenance Exemption Prom Noise
Ordinance Inapplicable to Operation of Gasoline
Powered Leaf Blowers.
6.20.010 Definitions. As used in this Chapter,
the following terms shall have meanings as set forth below:
(a) 'Leaf Blower' means any portable power equipment
-1-
jgd/ORN228755(11/18/91)
designed or operated to produce a current of air by
fuel, electricity, or other means to push, propel,
or blow dust, leaves, grass clippings, cuttings,
and trimming from trees and shrubs or other debris.
(b) 'Parcel' means an area of real property with a
separate or distinct number or other designation
shown on a plat recorded in the Office of the
County Recorder. Contiguous parcels owned by the
same individual or entity shall be considered one
(1) parcel for purposes of this Chapter.
(c) 'Residential Area' means any property zoned for
residential use as provided for in Section 7-9-1 et
seg. of the Codified Ordinances of the County of
Orange as the same were incorporated by reference
into the Dana Point Municipal Code by Ordinance No.
90-07. Sidewalks and streets adjacent to
residential property shall be considered a
residential area for purposes of this Chapter.
6.20.012 Regulations on Leaf Blowers Operation.
(a) In residential areas, the use and operation
of leaf blowers is prohibited except during the
hours of 9:00 a.m. to 5:00 p.m. Monday through
Saturday. The use and operation of leaf blowers
is further prohibited on any day which is a legal
holiday identified in this Code. For commercial,
industrial, and recreational areas within two -
hundred (200)' feet of a residential area, the
restricted hours of operation noted above shall
apply.
(b) It shall be unlawful for any person
operating a leaf blower to create any noise
exceeding the following decibel levels when
measured at a distance of fifty (50) feet from
such leaf blowers
(1) New leaf blowers purchased, leased, or
rented on or after a date three (3) months
from the effective date of this Chapter
shall not exceed a noise level of 70 dba.
(2) New leaf blowers purchased, leased, or
rented on or after forty-eight (48) months
from the effective date of this Chapter
shall not exceed a noise level of 65 dba.
-2-
_ .ORN228755(11/18/91)
(3) All leaf blowers other than those specified
at subparagraph (1) and (2) hereinabove
shall not exceed a noise level of 70 dba on
or after one year from the effective date.
of this Chapter.
(c) Any person using or operating a leaf blower
shall not cause dirt, dust, debris, leaves, grass
clippings, cuttings, or trimmings from trees or
shrubs to be blown or deposited on any adjacent
or other parcel, land, lot, street, alley, or
gutter from which the leaf blower is being used
or operated. Deposits of dirt, dust, leaves,
grass clippings, debris, cuttings, or trimmings
from trees or shrubs shall be removed and
disposed of in a sanitary manner, to prevent
dispersment by wind, vandalism, or similar means.
(d) Each commercially operated leaf blower shall
have affixed on it the business name, address,
and telephone number in a clear, identifying
manner.
6.20.014 Violations: Infractions.
(a) Any person violating any of the provisions
of this Chapter shall be deemed guilty of
an infraction, and upon conviction thereof,
shall be fined in an amount not exceeding
fifty ($50.00) dollars. Each day such
violation is committed or permitted to
continue shall constitute a separate
offense and shall be punishable as such.
(b) Any person convicted of a violation of this
Chapter more than three (3) times in any
calendar year shall be deemed guilty of an
infraction as defined in Section
1.01.220(b) of this Code and subject to
punishment in accordance with Section
1.01.220(b) of this Code.
• 6.20.016 Violations - Additional Remedies -
Injunctions - Public Nuisance.
(a) As an additional remedy, the operation of
any leaf blower in violation of any
provision of this Chapter which operation
causes discomfort or annoyance to
-3-
,d/0RN228755(11/18/91)
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
abatement summarily by a restraining order
or injunction issued by a court of
competent jurisdiction.
(b) Any violation of this Chapter is declared
to be a public nuisance and may be abated
in accordance with law. Tht expense of
such abatement may be by Resolution of the
City Council, declared to be a lien against
the property in which such nuisances are
maintained, and such lien shall be made a
personal obligation of the property owner.
6.20.018 Real Property Maintenance Exemption
From Noise Ordinance Inapplicable to Operation of Leaf
Blowers. Section 11-4-6-7, "Special Provisions," of the
Dana Point Municipal Code which adopts by reference Section
4-6-7 of the Codified Ordinances of the County of Orange
provides certain exemptions from the operation of the noise
ordinance. The exemptions provided in Section 4-6-7 of the
Codified Ordinances of the County of Orange shall be wholly
inapplicable to the operation of gasoline powered leaf
blowers within the corporate limits of the City of Dana
Point."
SECTION 2. Section 11.01.010, "Noise Ordinance,
Special Provisions,'" ions,'" of Chapter 11.01, "County of Orange
Noise Ordinance Adopted by Reference," is hereby added to
the Dana Point Municipal Code to read as follows:
"Chapter 11.01
COUNTY OF ORANGE NOISE •
ORDINANCE ADOPTED BY REFERENCE
. . •
11.01.010 Noise Ordinance, Special Provisions.
[S4-6-7 of the Codified Ordinances of the County of
Orange]. The following activities shall be exempted from
the provisions of this article:
-4-
-'''.1,104228755 (11/18/91)
(a) Activities conducted on the grounds of any
public or private nursery, elementary,
intermediate or secondary school, or college.
(b) Outdoor gatherings, public dances and shoes,
provided said events are conducted pursuant to
a license issued by the County of Orange
pursuant to Title 5 of the Codified Ordinances
of the County of Orange.
(c) Activities conducted on any park or pla}ground,
provided such park or playground is owned and
operated by a public entity.
(d) Any mechanical device, apparatus or equipment
used, related to or connected with emergency
machinery, vehicle or work.
(e) Noise sources, excepting leaf blowers as
defined in Section 6.20.010(a) of the Dana
Point Municipal Code, associated with
construction, repair, remodeling, or grading of
any real property, provided said activities do
not take place between the hours of 6:00 p.a.
and 7:00 a.m. on weekdays, including Saturday,
or at any time on Sunday or a Federal holiday.
(f) All mechanical devices, apparatus, or equipment
which are utilized for the protection or
salvage of agricultural crops during periods of
potential' or actual frost damage or other
adverse weather conditions.
(g) Mobile noise sources associated with
agricultural operations, provided such
operations do not take place between the hours
of 8:00 p.m. and 7:00 a.m. on weekdays,
including Saturday, or at any time on Sunday or
a Federal holiday.
(h) Mobile noise sources associated with
agricultural pest control through pesticide
application, provided that the application is
made in accordance with restricted material
permits issued by or regulations enforced by
the Agricultural Commissioner.
-5-
•gd/ORN228755(11/18/91)
(i) Noise sources, excepting leaf blowers as
defined in Section 6.20.010(a) of the Dana
Point Municipal Code, associated with the
maintenance of real property provided said
activities take place between the hours of 7:00
a.m. and 8:00 p.m. on any day except Sunday or
a Federal holiday, or between the hours of 9:00
a.m. and 8:00 p.m. on Sunday or Federal
holiday.'
(j) Any activity to the extent regulation thereof
has been preempted by State or Federal law."
SECTION 3. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, is
for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase,
or portion thereof, irrespective of the fact -that any one or
more sections, subsections, subdivisions, sentences,
clauses, phrases or portions thereof be declared invalid or
unconstitutional.
SECTION 4. The City Clerk shall certify to the
adoption of th si Ordinance and cause the same to be posted
at the duly designated posting places within the City and
published once within fifteen (15) days after passage and
c.: 3R42.28755(11/18/91)
i
adoption as required by law; or, in the alternative, -the
City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the test of this Ordinance
shall be posted in the Office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance; and,
within fifteen (15) days after adoption, the City Clerk
shall cause to be published, the aforementioned summary and
shall post a certified copy of this Ordinance, together with'
the vote for and against the same, in the Office of the City
Clerk.
PASSED, APPROVED AND ADOPTED this 26
Of November , 1991.
ATTEST:
2
MARY�ryA. ARLSON, CITY CLERK
•tlly`
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF DANA POINT
)
).
SS
MI
I, MARY A. CARLSON, City Clerk of the City of
Dana Point, California, do hereby certify that the foregoing
Ordinance No. 91-18 was duly introduced and placed upon its
first reading at a regular meeting of the. City Council on
the 12th day of November , 1991, and that
thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the 26th day
of November , 1991, by the follow ng vote, to
wit:
AYES: Council Members Easattre, Curreri, Krause, tad Mayor Eggers
NOES: Mayor Pro Tem Lloreda
ABSTAIN: None
ABSENT: None
(SEAL)
-.7-.
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF DANA POINT
Point;
AFFIDAVIT OF POSTING
AND PUBLISHINQ
MARY A. CARLSON, being first duly sworn, deposes, and says:
That she is the duly appointed and qualified City Clerk of the City of Dana
That in compliance with State Laws of the State of California,
ORDINANCE NO. c I _1 a , being:
AN ORDINANCE OF THE CITY OF DANA POINT,
CALIFORNIA, ADDING CHAPTER 6.20, 'REGULATION
OF LEAF BLOWERS,' TO THE DANA POINT
MUNICIPAL CODE
was published in Summary in the Dana Point News newspaper on the 21st day of _
November „1991, and the 12th day of December , 1991, and, in further
compliance with City Resolution No. 91-10-08-1, on the 91 ar , day of Nnvn,nhnr ,
1991, and the 12th day of December , 1991, was caused to be posted in
three (3) public places in the City of Dana Point, to wit:
Dana Point City Hall
/Capistrano Beach Post Office
Dana Point Post Office.
J
MARY A. CARLSON, CITY CLERK
Dana Point, California
i
_ 3 -
Mayor and City Council
(714) 229-6699
Building & Safety
229-6730
Business License
229-6712
City Clerk
229-6680
City Manager
229-6688
Code Enforcement
229-6727
Engineering
229-6741
Finance
229-6713
Maintenance
229-6760
Personnel
229-6681
Planning
229-6720
Police Information
229-6600
Public Works
229-6740
Purchasing
2296719
Recreation & Parks
229-6780
Redevelopment
229-6720
Risk Management
229-6685
CITY OF CYPRESS
5275 Orange Avenue, Cypress, California 90630
October 12, 1990
Mr. Don Benninghoven
Executive Director
League of California Cities
1400 "K" Street
Sacramento, CA 95814
RECEIVED
OCT 1 5 1990
Ans'd
Dear Mr...Benninghoven:
The Cypress..City Council, :at its meeting held on October 8,
1990, approved the first reading of the enclosed Ordinance
relating to establishing restrictions on the operation of
leaf blowers.
This action was taken in response to the many complaints
received from our citizens regarding the noise and debris
generated by the use of the leaf blowers.
The City Council further requested that the League consider
adoption of a resolution urging restrictions on the operation
of leaf blowers on a state-wide basis.
Thank you for your attention to this matter.
DE:lh
encl.
Very truly yours,
Cam`
Darrell Es ex
City Manager/Ci Clerk
LEAGUE OF CALIFORNIA CITIES
1400 K street
Sacramento, California 95814
RETURN IN 2 WEEKS PLEASE
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS ADDING SECTIONS 13-72.1
TO 13-72.6 TO THE CODE OF THE CITY OF
CYPRESS ESTABLISHING RESTRICTIONS ON THE
OPERATION OF LEAF BLOWERS
WHEREAS, the use of electrical or gasoline powered
leaf and debris blowers within the City of Cypress creates a
noise which is bothersome to nearby residences and passers-
by; and,
WHEREAS, the use of said blowers causes dust and
other debris to be blown onto adjoining properties and onto
public streets and public rights -of -way; and,
WHEREAS, in order to control unnecessary, excessive
and annoying noise, dust and debris in the City of Cypress,
it is hereby declared to be the policy of the City to
regulate such noise, dust and other debris generated by the
use of leaf blowers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION I. Sections 13-72.1 to 13-72.6 is hereby added to
the Code of the City of Cypress to read as follows:
"Sec. 13-72.1. Restrictions On Leaf Blower Operation;
Definitions.
As used in this Section, the following terms shall
have meanings as set forth below:
(a) "Leaf Blower" means any machine however
powered used to blow leaves, dirt and other
debris off sidewalks, driveways, lawns and
other surfaces.
(b) "Parcel" means an area of real property with a
separate or distinct number or other
designation shown on a plat recorded in the
office of the County Recorder. Contiguous
parcels owned by the same individual or entity
shall be considered one (1) parcel for
purposes of this Section.
Sec. 13-72.2. Restrictions.
It shall be unlawful for any person within a
residential zone or within two -hundred (200) feet of a
residential zone to operate any type of leaf blower
within the City of Cypress except under the following
restrictions:
(a) Time Restriction — Notwithstanding Section 13-
. 70(i), leaf blowers shall not be operated
except between the hours of 8:00 a.m. and 6:00
p.m. Monday through Friday and 9:00 a.m. to
6:00 p.m. on Saturday;
jec/0RD47811:vlk
-1-
r +�
•
(b) Distance Restriction - Leaf blowers shall not
be operated within a horizontal distance of
ten (10) feet of any operable window, door, or
mechanical air intake opening or duct;
(c) Duration of Use Restriction - Leaf blowers
shall not be operated for more than fifteen
(15) minutes per hour on parcels less than
one-half acre and no more than thirty (30)
minutes per hour on parcels greater than one-
half acre.
(d) Number Restriction - No person shall operate
more than one (1) leaf blower per parcel.
Sec. 13-72.3. Unlawful to Propel Debris Beyond
Parcel Boundary.
It shall be unlawful for any person to use or
operate any leaf blower in such a manner as to blow,
dispel, or make airborne, dust, leaves, grass cuttings,
paper, trash, or any other type of unattached debris or
material which by its use will cause said dust, leaves,
grass cuttings, paper, trash, or any other type of
unattached debris or material to become airborne or
travel beyond the parcel boundaries in which it is being
used to adjoining/properties. It shall be unlawful for
any person to use or operate any leaf blower within the
City in such a way as to blow leaves, dirt, and other
debris onto the public rights -of -way and to allow the
material to remain there for more than fifteen (15)
minutes.
Sec. 13-72.4. Exemptions.
The following are exempted from the operation of
this Section.
(a) Any publicly owned properties, including but
not limited to public schools, parks, fire
stations, etc. -located within residential
zones.
(b) Privately owned schools located within
residential zones.
.Sec. 13-72.5. Violations: Infractions.
Any person violating any of the provisions of this
Section is deemed an infraction and upon conviction
thereof, shall be fined in an amount not exceeding fifty
($50.00) dollars. Each day r:uch violation is committed
or permitted to continue shall constitute a separate
,offense and shall be punishable as such.
.Sec. 13-72.6. Violations - Additional Remedies -
Injunctions.
As an additional remedy, the operation of any leaf
jec/ORD47811:v1k
-2-
blower in violation of any provision of this Section
which operation 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 abatement
summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
Any violation of this Section is declared to be a
public nuisance and may be abated in accordance of
law. The expense of such abatement may be by resolution
of the City Council declared to be a lien against the
property in which such nuisances are maintained, and
such lien shall be made a personal obligation of the
property owner."
SECTION II. Section 13-70(i) of the Code of the City of
Cypress is hereby amended to read as follows:
"Noise sources, excepting Leaf Blowers as
defined in Section 13-72.1(a) of this
Code, associated with the maintenance of
real property provided said activities
take place between the hours of 7:00 a.m.
and 8:00 p.m. on any day except Sunday or
federal holiday, or between the hours of
9:00 a.m. and 8:00 p.m. on Sunday or
federal holiday."
SECTION III. The City Clerk is hereby authorized
and directed to certify as to the passage of this
Ordinance and to give notice thereof by causing
copies of this Ordinance to be posted in three (3.)
public places throughout the City.
FIRST READ at a regular meeting of the
City Council of said City held on the 8th day
of October , 1990 and finally adopted
and order posted at a regular meeting held on
the day of , 1990.
CYPRESS
ATTEST:
MAYOR OF THE CITY OF
CITY CLERK OF THE CITY OF CYPRESS
jec/ORD47811:vlk
-3-
LEAG OF CALIF RNTA CrAT•ES
1400 R street
Sacramento, California 95814
121
RETURN IN 2 WEEKS PLEASE
summarily by a restraining order or injunction
issued by a court ofcompetent jurisdiction. (Ord.
5118 § 1.50, 1973)
Chapter 9.37
LEAF -BLOWING MACHINES
Sections:
9.37.010
9.37.020
9.37.030
9.37.040
937.050
Declaration of policy.
Definitions.
Unlawful. use.
Certificate of compliance to be
filed with department of finance.
Health department certification
of leaf blower required.
9.37.010 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 -blowing machine, gas or electric,
which is designed or intended, by 'generating a
concentrated stream of air, to blow, dispel, or
make airborne, leaves. grass cuttings, paper,
trash or any other type of unattached debris or
material.
B. "Parcel" as used in this chapter, means that
area of real property as defined by 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 of this code.
435
71,2-
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 Friday and
9:00 a.m. and 5:00 p.m. Saturday.
B. It is unlawful for any person to use or oper-
ate or cause to be used or operated a leaf blower
in such a manner as to blow, dispel or make
airborne, leaves, grass cuttings. paper, trash or
any other type of unattached debris or material,
which by its use will intentionally cause such
leaves. grass cuttings, paper, trash or any 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 1 leaf
blower per parcel.
D. It is unlawful to use a leaf blower for more
than 15 minutes per hour on parcels of less than
one-half acre and for more than 30 minutes per
hour on parcels greater than one-half acre. (Ord.
6227 § 1 (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 they 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 § 1 (part), 1987) .
( Pasadena •12-)1.87)
'4
9.37.050-9.41.010
937.050 Health department certification of
leaf blower required.
It is unlawfulto 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 of directors by
resolution. Upon certification, a sticker shall be
affixed on the body of the leaf blower so as to be
visible at all times. (Ord. 6227 § 1 (part), 19S7)
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 unlwful 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 balls 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 of any court
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 "No
trespassing" or other words to the same effect, it
is unlawful to enter upon the land or premises
whereon such sign or signs are posted for the
purpose of recovering any ball or balls, without
(Pasadena I? -)I-87)
436
having first secured the expressed consent of the
owneror 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 of the provisions of this chap-
ter, is deemed guilty of a misdemeanor, and upon
conviction thereof shall be punishable by a tine
of not more than $50.00. or by imprisonment for
not more than 50 days, or by both such fine and
imprisonment. (Ord. 1629 j 1, 1916: Ord. 1397 $
2-1/2, 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. Offenses :Against Property
Chapter 9.48
FIRE HYDRANTS
Sections:
9.48.010
9.48.020
9.48.030
9.48.040
9.48.050
Short title.
Definitions.
Connection permit required.
Taking water without permit.
Hydrant operations.
City Manager's Oflice
City, C;vic CFA! .vt 'i�j�i7 i- � i.i�•'. '�;.. _. ♦..'!E. Cai ic{:'In 92713
October 10, 1991
Kathleen Schuler
LEAGUE OF CALIFORNIA CITIES
1400 "K" Street
Sacramento, CA 95814
Dear Kathleen,
Per your request, enclosed is a copy of our city code which
regulates motorized leaf blowers. I have also enclosed a copy of
a brochure we produced which is made available to people who
inquire about our ordinance.
If you have any questions about the code or how we implement the
regulations, contact Bob Storchheim, Manager of Building & Safety,
at 714-724-6453.
If I can be of further assistance, please contact me at 714-724-
6262.
it talta.o,
RISTINE WHALEN
Management Analyst
C LWWORNIA CITIES
1400 E street '
• Sacramento, California 95814
RETURN IN 2 WEEKS PLEASE
VLK-304 IRVINE CODE
(c) Noise zone 3: All commercial properties ex-
cluding professional office properties.
(d) Noise zone 4: All industrial properties.
(2) Exterior and Interior Noise Standards:
(a) The following noise standards, unless other-
wise specifically indicated, shall apply to all
property within a designated noise zone.
NOISE STANDARDS
dB(A)
Noise Levels for a Period Not Exceeding
(minutes/hour)
Noise Time
Zone . Period
1 Exterior 7:00 a.m.-10:00 p.m.
10:00 p.m. -7:00 a.m.
Interior 7:00 a.m.-10:00 p.m.
10:00 p.m. -7:00 a.m.
2 Exterior Any time
Interior Any time
3 Exterior Any time
Interior Any time
4 Exterior Any time
Interior Any time
30 15 5 1 0 (any rime)
55 60 65 70 75
50 55 60 65 70
— — 55 60 65
— — 45 50 55
55 60 65 70 75
— — 55 60 65
60 65 70 75 80
— — 55 60 65
70 75 80 85 90
— — 55 60 65
(b) It shall be unlawful for any person at any
location within the city to create any noise or
to allow the creation of any noise on property
owned, leased, occupied or otherwise controlled
by such person which causes the noise level
when measured on any property within des-
ignated noise zones either within or without
the city to exceed the applicable noise standard.
(c) Each, of the noise standards specified above
shall be reduced by five (5) dB(A) for impact,
or predominant tone noise or for noises con-
sisting of speech or music.
(d) .In the event that the noise source and the
affected property are within different noise
zones, the noise standards of the affected prop-
erty shall apply. (Ord. No. 84-18, 9-11-84)
Sec. VI.K-305. Special provisions.
(1) Construction activities and agricultural op-
erations may occur between 7:00 a.m. and 7:00
p.m. Mondays through Fridays, and 9:00 a.m. and
6:00 p.m. on Saturdays. No construction activities
shall be permitted outside of these hours or on
Sundays and federal holidays unless a temporary
waiver is granted by the manager of building and
safety or his authorized representative. Trucks,
Supp. No. 36
6298
vehicles, and equipment that are making or are
involved with material deliveries, loading, or
transfer of materials, equipment service, mainte-
nance of any devices or appurtenances for or
within any construction project in the city, shall
not be operated or driven on city streets outside of
these hours or on Sundays and federal holidays
unless a temporary waiver is granted by the City.
Any waiver granted shall take impact upon the
community into consideration. No construction ac-
tivity and agricultural operation will be permitted
outside of these hours except in emergencies in-
cluding maintenance work on the city rights -
of -way that might be required.
(2) Maintenance of real property operations may
exceed the noise standards between 7:00 a.m. and
7:00 p.m. on any day except Sundays, or between
9:00 a.m. and 6:00 p.m. on Sundays or a federal
holiday.
(3) The use of leaf blowers shall be regulated as
follows:
(a)
(b)
Definition of leaf blower: Leaf blowers are de-
fined as portable power equipment that is pow-
ered by fuel or electricity and used in any
landscape maintenance, construction, prop-
erty repair, or property maintenance for the
purpose of blowing, dispersing or redistrib-
uting dust, dirt, leaves, grass clippings, cut-
tings and trimmings from trees and shrubs or
other debris.
Limitations on use:
(i) All leaf blowers shall be equipped with a
permanently installed limiter that re-
stricts the individual equipment motor
performance to half throttle speed or less,
and will produce not more than seventy
(70) decibels db(A) measured at the mid-
point of a wall area twenty (20) feet long
and ten (10) feet high and at a horizontal
distance fifty (50) feet away from the mid-
point of the wall, or not more than
seventy-six (76) db(A) at a horizontal dis-
tance of twenty-five (25) feet using a
sound level meter set at level A.
(ii) Each individual leaf blower shall be
tested and certified for use by the City of
Irvine or its designated representative.
Each individual leaf blower shall bear the
label of required approval in a visible lo-
cation on the equipment prior to use and
POLLUTION
VI.K-306
at all times during use. A fee for the city
to recover all costs connected with equip-
ment approvals shall be charged in an
amount set by city resolution.
(iii) The use of leaf blowers is prohibited ex-
cept between the hours of 8:00 a.m. and
5:00 p.m. Monday through Friday and be-
tween 9:00 a.m. and 5:00 p.m. on Sat-
urday.
(iv) Leaf blower operations shall not cause
dirt, dust, debris, leaves, grass clippings,
cuttings or trimmings from trees or
shrubs to be blown or deposited on any
adjacent or other parcel of land, lot, or
public right-of-way/property other than
the parcel, land, or lot upon which the
leaf blower is being operated. Deposits of
dirt, dust, leaves, grass clippings, debris,
cuttings or trimmings from trees or
shrubs shall be removed and disposed of
in a sanitary manner which will prevent
dispersement by wind, vandalism or sim-
ilar means within six (6) hours of deposit
by the user or property occupant.
(v) Leaf blowers shall not be operated within
a horizontal distance of ten (10) feet of
any operable window, door, or mechan-
ical air intake opening or duct.
(vi) No person using leaf blowers shall ex-
ceed noise limitations set by section
VI.K-304 of the City Code of Ordinances.
(c) Education:
(i) Each person operating an individual leaf
blower is required to complete not less
than one (1) training session of content
and time approved by the City of Irvine
Administrative Authority prior to opera-
tion of leaf blower equipment. Training
and qualification shall be required for cer-
tification at least every two (2) years for
each individual equipment user.
(ii) The equipment operator shall carry cer-
tification of the training and qualifica-
tion at all times during equipment use
and make it available upon demand.
Failure to abide by the use requirements
contained in this Code and/or the certifi-
cation training provided will be cause for
the City of Irvine to revoke such certifi-
cation.
Supp. No. 36
I
(iii) Exception: An individual residential prop-
erty occupant operating a single leaf
blower himself or herself in a manner con-
fined to his or her own property shall be
excepted from the education requirements
set forth by this subsection.
(d) Fees: A fee for the city to recover all costs
connected with training, testing, certification
and enforcement shall be charged in an
amount set by city council resolution.
(4) The following activities shall be exempted
from the provision of this chapter:
(a) School bands, school athletic and school en-
tertainment events, provided said events are
conducted on school property or authorized
by special permit from the city.
(b) Activities otherwise lawfully conducted on
public parks, public playgrounds and public
or private school grounds.
(c) Any mechanical device, apparatus or equip-
ment which is utilized for emergency work,
pest control, and protection or harvest of ag-
ricultural crops during periods of potential or
actual frost damage or other adverse weather
conditions.
(d) Any activity or equipment to the extent that
design regulation thereby has been preempted
by state or federal law.
The manager of building and safety or his duly
authorized representative and city police shall en-
force where necessary the provisions of this
chapter. No person shall interfere with, oppose or
resist any authorized person charged with the en-
forcement of this chapter which such person is
engaged in the performance of his or her duty.
(Ord. No. 84-18, 9-11-84; Ord. No. 88-11, §§ 1, 2,
5-2488; Ord. No. 90-2, § 1, 2-13-90; Ord. No. 90-7,
§ 1, 4-10-90)
Editor's note —Section 2 of Ord. No. 90-7, adopted Apr. 10,
1990, effective May 10, 1990, amended § VI.K-305 in its en-
tirety. Section 1 of Ord. No. 90.2, adopted Feb. 13, 1990, -effec-
tive Aug. 13, 1990, amended subsection (3).
}r.
Sec. VLK-306. Enforcement.
The manager of inspection services or his duly
authorized representative shall enforce the pro-
visions of this chapter. No person shall interfere
with, oppose or resist any authorized person charged
with the enforcement of this chapter while such
person is engaged in the performance of his duty.
(Ord. No. 84-18, 9-11-84)
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For additional information,
please contact:
BUILDING & SAFETY
(714) 724-6500
AN
IMPORTANT
MESSAGE
• REGARDING
the USE of
LEAF
BLOWERS
in the
CITY OF IRVINE
Form 66.23 A
REGULATIONS FOR USE OF
POWER LEAF BLOWERS IN
• THE CITY OF IRVINE
1. Leaf blowers are allowed to be used only between
8:00 a.m. to 5:00 p.m. weekdays, and from 9:00 a.m. to
5:00 p.m. on Saturdays. Leaf blowers are not allowed to
be used on Sundays. Use of leaf blowers at any other
time is a violation of City law.
2.All leaf blowers must be operated in accordance with City
regulations so that they will not emit more than 70
decibels at a 50 foot horizontal distance.
3. The certification sticker provided by the City Testing is
not allowed to be removed from the leaf blower and is
non-transferrable. Every leaf blower used in the City of
Irvine must be tested and approved by the City of Irvine'
and shall bear an approval label issued by the City of
Irvine.
4. Each person operating a leaf blower is required to
complete a City training session in the proper use of a leaf
blower. This is required every two years for users of the
equipment.
5.The commercial equipment operator is required to carry a
City of Irvine certification card of training at all times
during leaf blower use and make it available on demand.
6. Violation of these regulations are a misdemeanor and are
subject to a penalty prescribed by law for each violation.
7.Operate blowers at the lowest possible speed to do the
job. Maximum speed is seldom necessary.
8. Before using a leaf blower, check wind direction. Leaf
blowers shall not be operated within a horizontal distance
of ten (10) feet of any door, window or building opening.
Look for open doors and windows, freshly washed cars,
children or pets at play, and other things that could be
harmed by blowing dust, leaves or debris.
9.After using blowers and other equipment, clean up.
Dispose of debris within six (6) hours and in a manner that
will prevent dispersal of the debris. It is against the law to
blow debris onto city streets or onto other property.
10. Use rakes and brooms to loosen debris before blowing.
11. Use the full blower nozzle extension so the air stream can
work efficiently, close to the ground, minimizing the
spread of dust. In dusty conditions, wet down surfaces or
use the "mister attachment".
12.Check condition of your leaf blower, including the muffler,
air intakes and air filter, on a regular basis to mak sure
the unit is operating properly. Make immediate repairs or
discontinue use of the blower when you suspect your
blower is not operating within the acceptable noise level.
REGLAMENTOS PARA EL USO DE
MAOUINAS SOPLADORAS DE HOJAS
(POWER LEAF BLOWERS) EN LA
CIUDAD DE IRVINE
1.Sera permitido el uso de sopladoras de hojas (leaf
blowers) solamente desde las 8:00 a.m. a las 5:00 p.m.
de lunes a viernes, y desde las 9:00 a.m. a las 5:00 p.m.
los sabados. No se permite el uso de sopladoras de hojas
en domingos. El uso de sopladoras de hojas en cualquier
otro tiempo es una violacion de la ley de la Ciudad.
2.Todas las sopladoras de hojas deberan ser operadas en
conformidad con los reglamentos de la Ciudad de Irvine,
de manera que no emitan mas de 70 decibeles en una
distancia horizontal de 50 pies.
3. No es permitido remover la etiqueta engomada (sticker)
de certificacion (provista por el examen de la Ciudad) de
las sopladoras de hojas, ni tampoco es transferible.
Todas las sopladoras de hojas usadas en la Ciudad de
Irvine habran de ser examinadas y aprobadas por la
Ciudad de Irvine y Ilevaran una etiqueta de aprobacion
dispensada por Ia Ciudad de Irvine.
4. Es requerido que cads persona que opera una sopladora
de hojas complete una clase de entrenamiento ofrecida
por la Ciudad en el uso apropiado de las maquinas
sopladoras de hojas. Esta clase es requerida cada dos
anos para los operadores del equipo.
5.Es requerido que el operador del equipo comercial
cargue una tarjeta de certificacion de entrenamiento de la
Ciudad de Irvine en todo momento durante el uso de la
sopladora de hojas y que la muestre cuando se le pida.
6. La violacion de estos reglamentos en un delito menor y
esta sujeto a una multa de $50.00 por cads violacion.
7. Opere las sopladoras de hojas a la velocidad menor
posible que se necesite para hacer el trabajo. La
velocidad maxima es raramente necesaria.
8.Tenga en cuenta la dlreccion del viento antes de usar las
sopladoras de hojas. Las sopladoras de hojas no seran
operadas dentro de una distancia de diez (10) pies de
puertas, ventanas o aperturas de un edificio. Fijese en
puertas y ventanas abiertas, carros recien lavados, ninos
jugando, animales alrededor, y otras cosas que podrian
ser danadas al soplar polvo, hojas o basura en en aire.
9. Haga la limpieza despues de usar las sopladoras o al
usar cualquier,otro equipo. Disponga de la basura dentro
de seis (6) horas y hagalo en una manera que prevenga
derramar la basura. Es en contra de la ley soplar basura
hacia las relies de la Ciudad o hacia otras propiedades.
10. Use rastrillos y escobas para aflojar la basura antes de
usar las sopladoras de hojas.
11. Use toda la extension de la boquilla de las sopladoras de
hojas para que la corriente del aire trabaje
eficientemente. Use las sopladoras de hojas cerca del
suelo, disminuyendo asi la dispersion del polvo. En
condiciones polvorientas, humedezca las superficies o
use el rociador.
12. Revise la condicion de su sopladora de hojas, incluyendo
el silenciador, entrada del aire y filtro del aire, con
regularidad para asegurarse de que la unidad este
operando adecuadamente. Haga reparaciones
inmediatamente o descontinue el uso de la sopladora
cuando usted sospeche que su aparato no esta operando
dentro del nivel de ruido que es aceptable.
LUAT LE CAN THIET K DUNG
MAY THOI KW LA "LEAF BLOWERS"
TRONG-DO THI IRVINE
1) May the la chi &Jac phep dung to 8:00 gio sang cho den
5:00 giechieu trong tuen va to 9:00 gio sang den 5:00 gib
chieu ngay thu bay va khang dilac,dung ngay chi nhat.
Xu dyng may the' la ngoai cac gio an dinh tren la vi pham
lust cue do thi.
2) Can xu dyng may thoi la theo dung lieu chuan cua do thj.
Tieng dgng co khong the keu to hen 70 decibel trong
vong 50 bp.
3) Nhen Neu gia; phep (certification sticker) cap boi do thj
sau khi thu may phi.'luo'n luo6n On lien voi may va bat
kha chuyen nhugng. Mai may the' la chi dubc phep dung
sau khi da duoc do thi kiem soat va cap giay phep
dyng.
4) MOT ngubi xu dyng may the la can phi trei qua mQt lop
thNc tap cua do thi hau biet tech xu dung, hai nem mat
len.
5) N,uoi hanh nghe thoi la phai luon luon mang theo chung
chi thuc tap cap boi do thi khi can chung minh.
6) Vi pham cac lust le not tren la toi hinh lust va se bi phat va
m6i khi pham Iuat.
7) Chi nen xu dvng may voi tot do toff thieu, tranh tot doitoi
da trtl truong hop can thiat.
8) Xem ky chieu gio truoc khi xu dung may thoi. Can cach xa
cua so, cua ra vao it What muoi (10) bo (feet). Can de y cac
cua vacua ,xe mbi tau chuff, not cac tre em va suc vat
Bang chi hoc cac vat dung khec ma bui va rac thoi co
the lam ha hai.
9) Lau chuff can than cac may sau khi dung. Trong,vong sau
tieng doong ha phi quet sect), se rac rubi va do vo thung
rac can than. Khong duoc thoi rac ruoi bay sang cac nha
lan can hoac ra ngoaff duong, nhu vay se vi pham lust vie
sinh cua thanh pho.
10. Dung choi hay cao de boi long rac truoc khi xu dung may.
11. Dung ong not dai khi can thiet de thoi sat, mit dat tranh
cho boi rac kh i bay len cao va can lam not mat dat bang
nuoc khi qua nhieu byi.
12.Thuong xuyan xem xet va bao trl may (cac bo phan Iqc
gio va bo phan lam giam gang d"ong) hau giu ma, trong
tinh trang tot. Can phai sua chug ngay hoc ngung xai
may khi may keu qua to.
Form 66-23 A