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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. -1- 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 -2- DEC-Y^-1ii92 11:01 FROM dch/ORD091S80 TO P.O4 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 KC -07-1592 10:59 FROM dch/ORD09158o TO 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 -2- :E1: -u 1E452 11:0Z FFON TO F.01 ! t dch/ORD091580 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. -3- [E: - T-1 't' 11:04 FROM dch/ORD091580 TO 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 -4- 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) Post -It' brand tax transmittal memo 7671 ' of psq•# % / lb/7./ prom Co. V Dept. RitMu • Fax a Fax # ttaffr gl Y r 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: League of California Cities 1400 K Street, 4th Floor Sacramento, CA 95814 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. SEN. YtXerctx Telecopier 7021 ! 7-16-91 ; 3:29PM 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). KCS:gb 071591 139kcs/540/91 S•E A'Xerox Telecopier 7021 ' "-18-91 ; 3:31PM Ar---040♦ 815 383 08334 4 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) 6299 7-i\.(i izt'It 6 1J dl -7 • 7Q-:fiefliftrt ® ® ® ®. 1. 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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