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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 -1- 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. CRN:mlk corres.cm\leafblower.sta -2- DECO? -1992 ii:Oi FROM TO F.04 dch/ORD091580 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 DEC -07-1992 10:59 FROM dch/ORD091580 TO P.02 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 -2- UEC-0?-1993 11:03 FROM t TO P.O1 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 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. -3- LIEC-"-199_ 11:04 FROM dch/ORD091580 TO F. U- 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: -4- 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