Weed & Debris Blowers F-140City .fieoffinl JUL
INCORPORATED JANUARY 24, 1957
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
and 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.
t
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Printed on Recycled Paper.
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.
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ORDINANCE NO. 091-528
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALOS VERDES ESTATES, CALIFORNIA,
SUSPENDING THE PROVISIONS OF 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 THE 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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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.
THE COUNCIL OF THE CYTY OF PALOS VERDES ESTATES
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 Blower 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 Hours. 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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19 91.
ATTEST:
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 to provide for
alternate methods of cleaning yards, driveways, gutters, and
curbs during the duration of the current water emergency.
PASSED AND APPROVED this nth day of March
BARBARA J. %'' VER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF PAIRS VERDES ESTATES)
Palos Verdee, Barbara J. Culver , City Clerk of the City of
Estates , do hereby certify that the foregoing Ordinance
No. 091-528 was regularly introduced and placed upon its /
first reading at a regular meeting of the City Council on
the 2_ 6th day of February 1991 . That thereafter,
said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 245th day of
March , 1991, by the following vote, to wit:
AYES: COUNCfLMEMBERS: Mattingly, Moody, Humphrey
NOES: COUNCILMEMBER$ : Gralow
ABSENT: COUNCILMEMBERS: Nyman
APPROVE TO FORM:
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ORDINANCE NO. 442
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALOS NG
THE OFD AND DEBRIS CALIFORNIA,E US WIT= HE
CITY LIMITS
WIT= THE
debris bi itICREAS, the use of electrical or gasoline
cues a noise which is bothersome to powered residents and
and passers-by: and, by residents ,
Palos vezde present O� No. 203 of the Code of the City of
in which said blowersregu3a q tin noise, fails to cover all situations
might be tisedt and,
WRIMENSto be blown the use
to blowers causes dust and other debris
adjoining properties and onto public streets;
ESTA DOES ORDAIN AS FOLLOWS:
, CITY COUNCIL OF T - CITY Or PAIRS VERDES
SDQTIo 1. Section 12»3'2(A) of the Code of the City of
Palos Verces tes is hareb added to read:
MID AMID _IS MIOCERg PROHIBITED
"The use of electrical or gaeoline powered blowers such
as commonly used by gardeners and other
yards, driveways, gutters, and prohibit for c,nansnq
time within the City limits Abe is prohibited at any
ts of Palos Verdes Estates."
certify to C 22. SheMayor Shall sign and the City Clerk shall
shall make a mi�uts theadoption of this ordinance. The City Clerk
of the proceedings of the City CpasCoounccil in thereofoption int the records
which the same is passed arkd minutes of the meeting at
posted once in three (3) adopted, and shall cause the same to be
limits ofn the within conspicuous public places within the corporate
City the time and manner as prescribed by law.
This ordinance shall take effect and be is full force and effect thirty
(30) days after the adoption thereof.
APPROVED AND ADOPTED this 12th day of May
19 87 .
Ax'PESTs
CITY OF PALOS VEEtDFS ESTATES
RESOLUTION NO. 1163
A RESOLUTION. OF THE CITY COUNCIL OF TiE CITY OF`.
PALOS VERDES ESTATES, CALIFORNIA, REOOMMENDING
TO THE SOUTH BAY MUNICIPAL COURT BAIT. FOR SECTION
12-37A OF THE PAWS VERDES ESTATES.CODE
THE CITY COUNCIL OF THE CITY OF PALOS VERDES ESTATES DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council recommends to the Honorable
Judges of the South Bay Municipal Court that bail for the violation of
Section 12-37A of the Palos Verdes 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 ADOPTS) this 9th day of
June , 19 87
ATTEST:
MAYOR