HomeMy WebLinkAbout2000-05-08 Ordinance 4634, ..
ORDINANCE NO. 4634
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 9.10 OF TITLE 9 (PEACE, MORALS,
AND SAFETY) OF THE PALO ALTO MUNICIPAL CODE
REGULATING NOISE FROM LEAF BLOWERS
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION 1. The Council hereby finds as follows:
(a) Leaf blowers are commonly used for commercial as well
as residential landscape maintenance to the extent that they are
viewed as being economically' essential to professional
contractors, but they present a unique nuisance because of the
character and volume of their noise and pollution emissions and
the dust and debris they project as well 'as the damage they do to
topsoil.
(b) Existing restrictions on leaf blower noise emission
in Chapter 9.10 of the Palo Alto Municipal Code constrained all
gasoline powered leaf blowers to seventy-five dBA and allowed
their use only between nine a.m. and five p.m. Monday through
Saturday and from ten a .m. through four p.m. on Sundays and
holidays. Electric powered 1eafb1owers are constrained as
"residential power equipment" to ninety-five dBA and allowed from
eight a.m. to eight p.m. Monday through Friday, from nine a.m. to
six p.m. on Saturday, and from ten a.m. to six p.m. on Sundays
and holidays.
(c) Increasing citizen complaints about the noise, dust,
and debris emitted from leaf blowers have led to extensive f
investigations' of the need and ibi1i ty for further
rest cting leaf blowers. These investigations have confirmed
that manufacturers are facing increasingly restrictive state r
pollution regulation. Additionally, manufacturers and landscape
maintenance professionals are recognizing the wide
resistance many communi ties now present to the use of 1 f
blowers because of their noise and r pollution emissions, and
in response manufacturers are developing technologies which
better muff their noise and reduce their pollution emissions.
Noise emission reduction to a maximum of sixty-five dBA at a
distance of fty feet, measured using standards .adopted by the
American National Standards Institute, is currently available
new machines, and further reductions are likely in the next few
years. These advances are reflected in sta recommendations to
limit all types of leaf blowers to sixty-ve dBAat fifty feet
using ANSI standards. Electric leaf blowers were recommended to
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be constrained in both residential and non-residential zones to
the hours of eight a.m. to six p.m. Monday through Friday and ten
a.m. to four p.m. on Saturday, with no allowance for electric
leaf blowers on Sundays or holidays. However, in recognition of
the greater noise emissions typical of internal combustion
powered leaf blowers, staff recommended that these be further
constrained to operation in residential as well as non-
residential zones between eight a.m. and five p.m. Monday through
day but that on Saturdays they be permitted in non-residential
zones only between the hours of ten· a .m. and four p.m.; their
operation on Sundays and holidays was banned entirely.
(d) Following extens public hearings before the
Council, and in recognition of the greater noise emissions
typical of internal combustion powered leaf blowers, this Council
has determined that those types of leaf blowers should be
prohibited from operation residential zones entirely. In non-
residential zones, leaf blowers powered by internal combustion
engines should be permitted to operate between ght a.m. and six
p.m. Monday through Friday and between ten a.m. and four p.m. on
Saturday, but not on Sunday or holidays.
(e) The Council adopts the staff recommendations for
electric powered leaf blowers allowing their operation only if
they have a manufacturer's label affixed confirming a maximum
noise emission of sixty-fiv~ dBA and limiting electric leaf
blowers in both residential and non-residential zones to the
hours of nine a.m. to five p.m. Monday through Friday and ten
a.m. to four p.m. on Saturday, with no operation by ectric leaf
blowers on Sundays and holidays.
(f) Council also adopts staff recommendations that leaf
blowers be required to use all manufacturer-suppliedmu ers and
extension tubes and that all commercial landscape maintenance be
subject to training and certification aimed at assuring this
equipment is used with the least possible noise and dust impacts.
(g) In recognition of the intens public use of
business district streets and parking lots and in public parks
during daylight hours as well as in the evenings, the· Council
determines that city crews and contractors should be permitted to
use leaf blowers between four a.m. and eight a.m.
(h) The Council determines that these additional
restrictions best balance the competing needs for using leaf
blowers with the objections to their noise and dust. However, in
order to provide a trans ion period for implementing these new
restrictions, the Council has decided to make the restrictions
effective on January 1, 2001. In order to provide a further
transi tional pe od for the additional prohibition against the
use of leaf blowers powered by internal combustion engines within
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resident zones, this Council has determined that this
prohibition should become effective on July 1, 2002.
(i) The City Manager is directed to report to Council in
October 2000 and April 2001 concerning the implementation of the
amendments effected by this ordinance.
SECTION 2. Chapter 9.10 (Noise) of Title 9 (Public
Peace, Morals, and Safety) of the Palo Alto Municipal Code is
hereby amended to read as follows:
9.10.010 Declaration of policy.
It is hereby declared to be the policy of the
city that the peace, health, safety and welfare of the
citizens of Palo Alto require protection from
excessive, unnecessary and unreasonable noises from any
and all sources in the community. It is the intention
of the city council to control the adverse effect of
such noise sources on the citizen under any condition
of use, especially those conditions of use which have
the most severe impact upon any person.
9.10.020 Definitions.
For the purposes of this chapter, certain terms
are defined as follows:
(a) "Sound level," expressed in decibels (dB),
means a logarithmic indication of the ratio between the
acoustic energy present at a given location and the
lowest amount of acoustic energy audible to sensitive
human ears and weighted by frequency to account for
characteristics of human hearing, as given in the
American National Standards Institute Standard Sl. 1,
"Acoustic Terminology," paragraph 2.9, or successor
reference. All references to dB in this chapter utilize
the A-level weighting scale, abbreviated dBA, measured
as set forth in this section.
(b) \\ Precision sound level meter" means a device
for measuring sound level in decibel units within the
performance specifications in the American National
Standards Institute Standard Sl. 4, \\ Specification for
Sound Level Meters."
(c) "Noise level" means the maximum continuous
sound level or repetitive peak sound level, produced by
a source or group of sources as measured with a
precision sound level meter. In order to measure a
noise level, the controls of the precision sound level
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meter should be arranged to the setting appropriate to
the type of noise being measured.
(d) "Local ambient" means the lowest sound level
repeating i lf during a six-minute period as measured
with a precision sound level meter, using slow response
and "N' weighting. The minimum sound level shall be
determined with the noise source at issue silent, and
in the same location as the measurement of the noise
level of the source or sources at issue. However, for
purposes of s chapter, in no case shall the local
ambient be considered or determined to be less than:
(1) Thirty dBA for interior noise in Section
9.10.030(b); (2) Forty dBA in all other sections. If a
significant portion of the local ambient produced by
one or more individual identifiable sources which would
otherwise be operating continuously during the six-
minute measurement period and contributing
significantly to the ambient sound level, determination
of the local ambient shall be accomplished with these
separate identifiable noise sources silent.
(e) "Vehicle" means any device by which any
person or property may be propelled, moved, or drawn
upon a highway or street.
(f) "Property plane" means a
including the property line which
property boundaries in space.
vertical plane
determines .the
(g) "Emergencies" mean essential activities
necessary to restore, preserve, protect or save lives
or property from imminent danger of loss or harm.
(h) "Leaf blower" means any portable machine used
to blow leaves, dirt and other debris off sidewalks,
driveways, lawns or other surfaces.
(i) "Residential power equipment" means any
mechanically powered saw, sander, drill, grinder,
generator, lawnmower, hedge trimmer, edger, or any
other similar tool or device (other than f blowers) .
(j) "Residential zone" means all lands located
within the following zoning districts: RE, Rl, R2,
RMD, RM-15, RM-30, and RM-40; "residential zone" also
means any lands located within Planned Community (PC)
zoning dist cts actually used for authorized
residential purposes. Any zoning district other than
those defined as residential zones are classified as
non-residential zones for purposes of this chapter.
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(k) "Holiday' means and includes New Year's Day
(January 1), Martin Luther King Day (the third Monday
in January), Washington's rthday (the third Monday in
February), Memorial Day (the last Monday in May),
Independence Day (July 4), Labor Day (the first Monday
in September), Columbus Day (the second Monday in
October), Veteran's Day (November 11), Thanksgiving Day
(the fourth Thursday in November), and Christmas Day
(December 25) .
9.10.030 Residential property noise limits.
(a) No person shall produce, suffer or allow to be
produced by any machine, animal or device, or any
combination of same, on residential property, a noise
level more than six dB above the local ambient at any
point outside of the property plane.
(b) No person shall produce, suffer or allow to be
produced by any machine, animal, or device, or any
. combination of same, on multi-family residential
property, a noise level more than six dB above the
local ambient three feet from any wall, oor, or
ceiling inside any dwelling unit on the same property,
when the windows and doors of the dwelling unit are
closed, except wi thin the dwelling unit in which the
noise source or sources may be located.
9.10.040 Commercial and industrial property noise
limits.
No person shall produce, suffer or allow to be
produced by any machine or device, or any combination
of same, on commercial or industrial property, a noise
level more than eight dB above the local ambient at any
point outside of the property plane.
9.10.050 Public property noise limits.
(a) No person shall produce, suffer or allow to be
produced by any machine or device, or any combination
of same, on public property, a noise level more than
fifteen dB above the local ambient at a distance of
twenty-five feet or more, unless otherwise provided in
this chapter.
(b) Sound performances and special events not
exceeding eighty dBA measured at a distance of fifty
feet are exempt from this chapter when approval
therefor has been obtained from the appropriate
governmental entity, except as provided in Section
22.04.180 of this code.
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(c) Vehicle horns or other devices primarily
intended to create a loud noise for warning purposes,
shall not be used when the vehicle is at rest, or when
a situation endangering life, health or property is not
imminent.
9.10.060 Special provisions.
The special exceptions listed in this section
shall apply, notwithstanding the provis~ons of Sections
9.10.030 through 9.10.050. Said exceptions shall apply
only to the extent and during the hours specified in
each of the following enumerated exceptions.
(a) General Daytime Exception. Any noise source
which does not produce a noise level exceeding seventy
dBA at a distance of twenty-five feet under its most
noisy condition of use shall be exempt from the
provisions of Sections 9.10.030(a), 9.10.040 and
9.10.050(a) between the hours of eight a.m. and eight
p.m. Monday through Friday, nine a.m. and eight p.m. on
Saturday, except Sundays and holidays, when the
exemption herein shall apply between ten a.m. and six
p.m.
(b) Construction. Except for construction on
residential property as described in subsection (c) of
this section, construction, alteration and repair
activit s, which are authorized by valid city permit
shall be allowed between the hours of eight a.m. and
eight p.m. Monday through Friday, nine a.m. and eight
p.m. on Saturday, and ten a.m. and six p.m. on Sundays
and holidays, if they meet at least one of the
following standards:
(1) No individual piece of equipment shal'l
produce a noise level exceeding one hundred ten dBA at
a distance of twenty-feet. If the device is
housed within a structure on the property, the
measurement shall be made outside the structure at a
distance as close to twenty-five feet from the
equipment as possible.
(2) The noise level at any point outside of
the property plane of the project shall not exceed one
hundred ten dBA. Posting notice of construction hours
is required. The holder of a valid construction permit
for a construction project within this city, which
proj ect is located wi thin five hundred feet of any
residential zone, shall post a sign at all entrances to
the construction site upon commencement of
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construction, for the purpose of informing all
contractors and subcontractors, their employees,
agents, materialmen and all other persons at the
construction site, of the basic requirements of this
chapter.
(A) Said sign (s) shall be posted at least
five feet above ground level, and shall be of a white
background, with black lettering, which lettering shall
be a minimum of one and one~half inches in height.
(B) Said sign shall read as follows:
CONSTRUCTION HOURS
(includes any and all deliveries)
MONDAY-FRIDAY
SATURDAY
SUNDAY/HOLIDAYS
8:00 a.m. to 8:00 p.m.
9:00 a.m. to 8:00 p.m.
10:00 a.m. to 6:00 p.m.
NOISE LIMITS
1. No individual piece of equipment shall exceed
110 dBA, measured 25 feet from such equipment.
2. Noise level at any point outside of the
construction property plane shall not exceed 110 dBA.
Violation
punishable by
fine, or both.
§ 9.10.060(b).
of this Ordinance is a misdemeanor
a maximum of six months in jail, $1,000
Violators will be prosecuted. P.A.M.C.
(c) Construction on Residential Property.
Construction, alteration, demolition or repair
acti vi ties conducted on residential property,
authorized by valid city permit, shall be allowed only
during the hours of eight a.m. and six p.m. Monday
through Friday, nine a.m. and six p.m. on Saturday, and
ten a.m. and six p.m. on Sundays and holidays, if they
meet the following standards:
(1) No individual piece of equipment shall
produce a noise level exceeding one hundred ten dBA at
a distance of twenty-five feet. If the device is housed
wi thin a structure on the property, the measurement
shall be made outside the structure at a distance as
close to twenty-five feet from the equipment as
possible.
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(2) The noise level at any point outside of
the property plane of the project shall not exceed one
hundred ten dBA.
(d) Other Equipment. Equipment used by city
employees, city contractors, or public utility
companies or their contractors, not covered by
subsections (b) and (c) of this section, shall be
allowed during the same hours as the exception set
forth in subsection (b) of this section, providing no
piece of equipment· shall produce a noise level which
exceeds one hundred ten dBA, measured at a distance of
twenty-five from the equipment.
(e) Power Equipment. Res i
power equipment 1 be allowed during the hours of.
eight a.m. and eight p.m. Monday through Friday, nine
a.m. and six p.m. Saturday, and ten a.m. and six p.m.
on Sundays and holidays, providing it does not produce
a noise level that exceeds ninety-five dBA measured at
twenty-five feet from the equipment.
(f) Leaf Blowers.
(1) On July 1, 1989, and thereafter, only
Gas-powered leaf blowers which produce a noise 1 of
seventy-five dBA or s, shall be allowed during the
following hours: nine a.m. and five p.m. Monday through
Saturday and ten a.m. and four p.m. Sundays and
Holidays.
(2} Between July 1, 2000 and January 1, 2001,
no person shall operate an electric powered leaf blower
which produces a noise level in excess of seventy-
dBA when measured from a distance of twenty-five ,
and no person shall operate an electric powered leaf
blower except during the following hours: nine a. m.
and five p.m. Monday through Saturday and ten a.m. and
four p.m. Sundays and holidays.
(3) No person shall operate any leaf blower
which does not bear an affixed manufacturer's 1
indicating the model number of the leaf blower and
designating a noise level not in excess of sixty-
dBA when measured from a distance of fifty
utilizing American National Standard Ins
methodology. Any leaf blower which bears such a
manufacturer's label shall be presumed to comply with
any noise level limit of this chapter provided that
is operated with 1 mufflers and full extension tubes
supplied by the manufacturer for that leaf blower. No
person shall operate any leaf blower without attachment
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of all mufflers and full extension tubes supplied by
the manufacturer for that leaf blower. No person shall
operate any leaf blowers except during· the following
hours: nine a.m. and five p.m. Monday through Friday,
and ten a.m. and four p.m. Saturday. No person shall
operate any leaf blowers on Sundays and holidays. No
person . shall operate any leaf blower powered by an
internal combustion engine within any residential zone
after July 1, 2002. No person shall operate any leaf
blower powered by an internal combustion engine within
non-residential zone except during the following hours:
eight a.m. and six p.m. Monday through Friday, and ten
'a .m. to four p.m. Saturday. Commercial operators of
leaf blowers are prohibited from operating any leaf
blower within the city if they do not· prominently
display a certificate approved by the Chief of Police
verifying that the operator has been trained to operate
leaf blowers according to standards adopted by the
Chief of Police. In addition to all authorizations and
restrictions otherwise provided in this chapter, public
streets, sidewalks, and parking lots in business
districts and at the Municipal Golf Course and all cit~
parks may be cleaned between 4: 00 a .m. and 8: 00 a.m.
using leaf blowers which bear an affixed manufacturer's
label indicating the model number of the leaf blower
and designating a noise level not in excess of sixty-
five dBA when measured from a distance of fifty et
utilizing American National Standard Institute
methodology. The restrictions on leaf blowers contained
in this subsection (f) (3) shall become effect on and
after January 1, 2001, except that the prohibitions on
the use of leaf blowers powered by internal combustion
engines shall become effective on and a r July 1,
2002.
(g) Street Sweeping. Street sweeping acti vi ties
are allowed between the hours of ten p. m. and· seven
a.m. daily, provided they do not produce a noise level
in excess of ninety-five dBA, or local ambient, when
measured at a distance of twenty-five from the
street sweeper.
(h) Refuse Collection. Refuse collection
activit s shall be permitted between the hours of four
a.m. and nine p.m. daily, provided they do not produce
a noise level in excess of ninety-five dBA measured at
a distance of twenty-five feet from the activity.
(i) Safety Devices. Aural warning devices which
are required by law to protect the health, safety and
welfare of the community shall not produce a noise
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level more than three dBA above the standard or minimum
level stipulated by law.
(j) Emergenc s. Emergencies are exempt from this
chapter.
(k) Public Parking Lot Cleaning. Cleaning
equipment (other than leaf blowers), when used in
public parking lots, 'shall be allowed during the hours
of ten p.m. and seven a.m., Monday through Friday,
providing no such piece equipment shall produce a
noise level that exceeds seventy-five dBA measured at a
distance of twenty-five feet.
(I) Business District Street Cleaning. Cleaning
equipment (other than leaf blowers), when used
public streets in business districts shall be allowed
during the hours of ten p.m. and seven a.m., Monday
through Friday, providing no such piece of equipment
shall produce a noise level that exceeds seventy-five
dBA measured at a distance of twenty-five feet.
9.10.070 Exception permits.
If the applicant can show to the city manager or
his designee that a diligent investigation of available
noise abatement techniques indicates that immediate
compliance with the requirements of this chapter would
be impractical or unreasonable, a permit to allow
exception from the provisions contained all or a
portion of this chapter may be issued, with appropriate
conditions to minimize the public detriment caused by
such exceptions. Any such permit shall be of as short
duration as possible up to six months, but renewable
upon a showing of good cause, and shall be conditioned
by a schedule for compliance and details of methods
therefor in appropriate cases. Any person aggrieved
with the decision of the city manager or his designee
may appeal to the city council pursuant to Section
16.40.080 of this code.
9.10.080 Violations.
Any person' who violates Section 9.10.060 (e) or
9.10.060{f) shall be guilty of an infraction. Any
person who violates any of the other provisions of this
chapter shall be guilty of a misdemeanor.
SECTION 3. This ordinance does not constitute a proj ect
having potential effects upon the environment and therefore does
not require environmental review under the California
Environmental Quality Act.
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SECTION 4. This ordinance shall be effective on the thirty-
first day after the date of its adoption.
INTRODUCED: Ap 1 24, 2000
PASSED: May 8, 2000
AYES: BEECHAM,
OJAKIAN
BURCH, FAZZINO, KLEINBERG, KNISS, MOSSAR,
NOES: EAKINS, LYTLE
ABSTENTIONS:
ABSENT:
ATTEST:
~.e
City Clerk ~ ~
APPROVED AS TO FORM:
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Police Chief
THIS DOCUMENT IS CERTIFIED TO BE AN
ORDINAMCE DULY PASSED BYTHE COUNCIL
OF rK~~ CITY OF PAI.O ALTO AND
THEi:!l,,"·Ef~ posn:gJN THE CO.uNCIL
Ol(;'RS ON _ b? -11-00 (WITHIN 15
DAY~ )' Irs PASSAGE)
"I cordy (01' d(')cIGm) under penalty
of perjury tha"l the foregoing is true
and correct."
6~ faa VJ.~ alti ~ J./~ tL AI//lb' J ,'ALLi
Date & Place '.~~.--