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HomeMy WebLinkAbout1999-02-23 City CouncilCity of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL ATTENTION: POLICY AND SERVICES COMMITTEE FROM:CITY MANAGER DEPARTMENT: POLICE DATE:FEBRUARY 23, 1999 CMR:139:99 SUBJECT:RECOMMENDATIONS REGARDING THE REGULATIONS OF THE USE OF LEAF BLOWERS IN PALO ALTO REPORT IN BRIEF This report provides ~’ecommendations for regulating leaf blowers. As staff has conducted research and talked to numerous people, it is clear that there are a wide variety of opinions and perspectives on the issue. While the recommendations would not totally eliminate ~noise level concerns and do not specifically alleviate the issue of particulate matter pollution, staff believes it has developed a balanced, proactive approach that should result in a reduction of noise levels while at the same time maintaining an accepted level of cleanliness for the City. This report provides updates on other cities’ experiences and summarizes the types of regulatory legislation used~ by other agencies. The report also discusses proposed enforcement procedures, addresses the issue of cleaning City properties and facilities, and presents alternative options for Council consideration. CMR:139:99 Page 1 of 18 RECOMMENDATIONS Staff recommends that the Council direct staff to revise Chapter 9.10 of the Palo Alto Municipal Code regulating leaf blowers in the following manner: 1)only leaf blowers that have been permitted for use by the City of Palo Alto may be operated in the City; permits would be issued, for a fee, only for blowers that meet the California air quality standards, and are rated at 65 dBA or less at 50 feet, by the American National Standards Institute (ANSI); 3)in two years, permits would be issued only for blowers that meet the Califomia air quality standards, and are rated at 62 dBA or less at 50 feet, by the ANSI standards; 4) leaf blowers must be operated with all extension tubes in place; 5)blowers could be operated only between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday; 6)use of leaf blowers would be prohibited on Sundays; 7) 8) the blowing of debris onto adjacent properties would be prohibited; enforcement Would be conducted on a proactive basis instead of a complaint basis. After an initial grace period, citations would be issued for all violations. In those situations when a commercial gardener is found to be in violation, a notice would also be given to the gardener’s client informing them of the violation. If a leaf blower operator receives two citations, the permit to operate the blower would be revoked. 9)City crews would only be allowed to operate leaf blowers beginning at 4:00 a.m. in the downtown area, California Avenue, Midtown area, the Municipal Golf Course, and in City parking lots; 10)City crews would be exempted from these regulations for clean up after special events and in emergencies; If Council approves these regulatory measures, staff would return with a draft of a revised ordinance (Chapter 9.10). Additionally, staff would return with a budget amendment CMR:139:99 Page 2 of 18 ordinance to cover the costs needed to implement the program. BACKGROUND In January 1998, Council directed staffto identify and evaluate options for addressing leaf blower noise, to review environmental issues, to provide a survey of what other jurisdictions .have done regarding leaf blowers, and to provide information about the current level of enforcement and on issues related to enforcement of any proposed ordinance changes. Since that time, staff has conducted a considerable amount of research, held meetings with gardeners and members of the public, obtained information about what other cities are doing, monitored local and state legislative activities, and performed noise level tests on equipment. The two status reports provided to the Council during theyear (CMR: 216:98 and 341:98) contain considerable information that is not repeated in this report. This report provides updated information about the above topics, as well as costs associated with cleaning City properties and facilities, alternatives for regulating the use of leaf blowers, and specific recommendations for Council consideration. DISCUSSION Alternative Clean-up Tools Staffhas investigated the types of tools that are used for clean-up purposes and compared the time it takes to do the work to the time doing the same work using a leaf blower. (It is important to note that, while the mechanical tool in question is known as a leaf blower, it is frequently used in the clean up of other debris such as litter, dirt, grass clippings, etc.) Rakes/Brooms - The most commonly used tools for clean up of yards, open spaces, grounds, etc., are rakes and brooms. Obviously, brooms are the quietest and result in the least amount of pollution (some minimal pollution occurs when dust particles become disturbed during sweeping and raking). Brooms, however, can only be used on certain types of flat, smooth surfaces such as asphalt and concrete that are amenable to sweeping. The time it takes to sweep an area is considerably longer than the time it takes using a blower. Depending upon the reference source, the time differences range from three to five times longer. According to industry standards published by the California Landscape Contractors’ Association, a nonprofit organization that represents about 2,500 State-licensed landscapers, there is an average ratio of one hour of labor using a leaf blower compared to CMR:139:99 Page 3 of 18 five hours for sweeping. In 1997, the City of Santa Barbara conducted its own study comparing times needed to clean parks with leaf blowers and sweeping. While the times differed depending upon the amount and type of debris, weather conditions, the presence of the public in the park, and the type of surface, they concluded that the average of one hour of leaf blowing was equivalent to five hours of sweeping. In October 1998, one of Palo Alto’s Public Works employees conducted a time comparison test. The employee used a broom for one hour to clean the sidewalk area of University Avenue. He swept around tree wells, along curbs and parking wheel stops. Using a broom, he was able to sweep approximately two and one-half blocks on only one side of the street. Using a leaf blower for an hour, he was able to clean a five-block area on both sides of the street. Early last year, as the City of Santa Cruz was reviewing the use of leaf blowers in its city,the city determined that the time needed to conduct the cleaning of its parking lots and other city facilities without the use of leaf blowers would be two to three times longer. Rakes are another tool that is frequently used. Rakes produce some noise when used on hard surfaces (a metal rake on concrete was measured at 58-60 dBA at 50 feet) and result in minimal air pollution. However, like brooms, they require additional time to complete the work. An experiment was conducted by Echo, Incorporated. Echo is one of the largest manufacturers of leaf blowers in the Country. It videotaped two men working side-by-side in a park area. Each gardener was to clean a grass area covered with leaves. One gardener used a rake and the other gardener used a leaf blower. The gardener who used the rake took 50 percent more. time to complete the job. Staff has heard on many occasions that a leaf blower ban adversely impacts the earning potential of gardeners because it takes longer to do the work. However, to date, no individual or organization has been able to provide any documentation that indicates that this has proven to be the case in those cities that have approved ordinances prohibiting the use of leaf blowers. The California Landscape Contractor Association sent a survey to 1,000 members last Fall. One of the questions asked how much a ban on gas-powered leaf blowers would increase their annual costs. Based upon the survey responses, the average increase was 20.7 percent. The level of increase was found to be lower for larger businesses (16.6 percent) and higher for smaller businesses (22.3 percent). Water - Water has been used in the past in many places to rid hard surfaces of debris. In non- drought years, hoses are frequently used in residential areas to dean driveways and sidewalks. Some cities, including Palo Alto, use power washers to clean their commercial areas. This equipment generates noise levels that are as loud as or louder than leaf blowers. Staffrecently took sound meter readings of a power washer being used in the downtown area. and found that it registered 73 dBA at 50 feet. While the use of water usually does not create CMR:139:99 Page 4 of 18. air pollution problems, water is a resource that should not be wasted, especially during drought years. Other Tools - City staffhas reviewed the use of other tools, such as street sweepers, that are frequently used to clean commercial areas. Sound meter readings were taken on the City’s Green Machine, and on two models of street sweepers. Attachment A provides the results of the sound meter tests taken at 3 feet, 25 and 50 feet. The Green Machine produced the lowest noise; however, even at 50 feet, it produced up to 66 dBA, not much quieter than most of the newest leaf blowers. While the Green Machine has been a useful tool in helping to clean the downtown area, it has its limitations. Cement tire stops in parking lots, tree wells, and other obstacles prevent its use in certain areas and restrict its ability to pick up debris in certain areas. New Technology_ Manufacturers of leaf blowers have been contacted regarding the status of new technology.. Several things ate occurring in this area. There is movement in the industry toward battery- operated equipment. The major concern at this time is the quality, weight and cost of the batteries. Initially, batteries could cost up to $600 and are quite heavy. While the potential of battery-operated leaf blowers includes positive aspects in that they would not have any fuel emissions, in all likelihood, they would still run at about 63-64 dBA noise levels. The potential of manufacturers to mass-produce leaf blowers that operate at 62-63 dBA within the next few years is also quite good. Due to the logadthrnic formula in determining decibel levels, this means that leaf blowers could be operated at noise levels about 155 percent quieter than those used ten years ago and about 35 percent quieter than those operated at 65 dBA. This would be equivalent to the noise levels of ears traveling on residential streets (at 25 feet). According to manufacturer representatives, it is probably unlikely that blowers would be made that would producenoise levels of much less than 62 dBA due to the considerable reduction in air flow, which would be detrimental to their operation. Staff has conducted some research and has done some sound level testing of some of the newest equipment and determined the following: The Echo PB46LN was tested and while it does not have the ping sound produced by other blowers, the noise level was slightly higher in field conditions than its rating of 65 dBA. o Toro Proline BP6900 .claims to be rated at 62 dBA, but when tested by Police CMR:139:99 Page 5 of 18 Department personnel, was found to be slightly higher. It is quieter, however, than the Echo PB46LN which is rated at 65 dBA. The Maruyama BIA500 is advertised to be the quietest backpack currently made and is rated at 62 dBA using ANSI standards. Staff was unable to obtain one to use for sound meter testing however. Ryobi manufactures a four-cycle blower that claims to produce 80 percent fewer combined hydrocarbon and nitrogen oxide emissions than the traditional two-stroke engines. Staff was interested to learn that although more leaf blowers are sold in California than in any other state in the Country, manufacturers are considering in the future not selling their blowers here due to the State’s stricter fuel emission requirements and the problems their customers face with the various types of ordinances. Apparently due to the increased sales throughout the rest of the United States, in addition to numerous countries around the world, the reduction of sales in California does not cause manufacturers much concern. While some people believe that this trend may be the best possible answer to resolving the leaf blower dilemma in the future, others are concerned that a general decline in the overall cleanliness of the state will occur. T_vpes of Leaf Blower Regulations Staff has reviewed more than 45 ordinances from cities in California and found that leaf blowers are regulated by different cities using various strategies. Cities develop regulations according to their own specific needs and factors such as the amount of commercial and open space areas located within their jurisdiction, the level of cleanliness their community demands, and the amount of expenditures they determine acceptable for ensuring compliance " to their regulations. Some cities do not regulate the use of leaf blowers at all. Regulatory strategies fall into six basic categories: 1) time of day/day of week, 2) noise levels, 3) area specific, 4) bans, 5) educational approach, or 6) a combination of the five. Time of Day/Day of Week - These types of ordinances regulate by the times of day and days of week that blowers can be operated. These regulations are the most common form imposed by cities and are based on the premise that leaf blower noise is usually most offensive during certain hours of the day or days of the week. Hour restriCtions range from 7:00 a.m. to 9:00 p.m. Some cities totally prohibit the use of blowers on Sundays and holidays, while others decrease the number of hours per day that blowers can be used on weekends and holidays. CMR:139:99 Page 6 of 18 Ordinances using only time of day/day of week restrictions are fairly simple to enforce in that it is obvious when the blowers are operated. Noise Levels - Some cities regulate the use of leaf blowers based upon noise levels. These types of regulations address one of the major complaints about leaf blowers which is the level and type of sounds they produce. The decibel levels allowed by cities also vary, although most use either 70 or 65 dBA limitations. Distances of measurement are consistently at 50 feet. Staff was unable to find any city whose ordinance required less than 65 dBA levels (except for bans). Ordinances that include noise level restrictions are not easily enforced as they require the actual measurement of the blower. This method is time consuming for officers, and gardeners can alter the noise levels by operating the blower at half-throttle, and with or without the extension tubes. Additionally, these ordinances usually require the enforcing agent to witness the blower being operated. This has been the primary reason that many agencies, including Palo Alto, issue only warnings when decibel levels of a particular blower are in question. Due to a number of variables, it is difficult to get any prosecution without an officer personally observing the offender in action. Area Specific - A number of cities have time and day of week restrictions for residential areas, and no restrictions in commercial areas. As an example, Los Gatos allows use of leaf blowers in residential areas between 8:00 a.m. and 8:00 p.m. during the week, and between 9:00 a.m. and 7:00 p.m. on weekends and holidays. However, blowers can be used.anytime in commercial areas. Los Gatos includes gasoline lawnmowers, and edge and hedge trimmers in their restrictions as well. For those cities that have different restrictions for residential and commercial areas, it is not uncommon to have distance requirements of 100 or 200 feet from residential zones. Those agencies who have these types of ordinances report that they are fairly easy to enforce as long as commercial and residential areas are well defined and easily identifiable by officers without the need of zoning maps. The cities, like Palo Alto, where there are a number of mixed use areas, present enforcement difficulties. Bans - Some cities have adopted ordinances that include various types of bans. The range of bans includes bans of all types of blowers to bans of only gasoline-powered blowers. Usually, these types of ordinances have resulted in the greatest amount of debate and controversy. The bans address the issues of air pollution and environmental concerns together with .noise levels but are not favored by gardeners or owners of large commercial and public properties. CMR:139:99 Page 7 of 18 Enforcement feasibility is directly related to the specific language in an ordinance. As an example, a prohibition of all types of leaf blowers is quite easily enforced. However, a ban on only gasoline-powered blowers is harder to enforce as users can fairly easily convert them to methane or other fuel-powered devices. EducationalApproach - Some cities, use ordinances predicated on the concept that individual fights of users and community members in general should be considered and that blowers are a useful tool if operated properly. These types of ordinances include user guidelines and emphasize cooperative efforts between gardeners and community members in providing education on the use of blowers that minimizes the noise levels and environmental issues. For the few cities, who use this approach, enforcement is almost nonexistent. Combination - Many cities use a combination of the above approaches to regulate blowers. Additionally, some cities have added additional types of restrictions in their ordinances. These include the following requirements: leaf blowers must be muffled; extension tubes must be used; blowers cannot be used for more than 10 to 30 minutes at one time; or only one blower may be used at a time on one property parcel. Depending upon the number and type of variables included in such combination ordinances, enforcement is usually quite difficult due to the factors noted above. Update: Other Cities’ Experience Staffhas continued to research what changes other cities have been making in regulating leaf blowers. Attachment B provides an updated list, by city, of various types Of ordinances. Previously, information had been received that Palos Verdes banned gasoline and electric blowers. While that language still appears in Palos Verdes’ ordinance, in 1991, due to the drought that was occurring at that time, an amendment was made to the ordinance that allowed the use 0fleafblowers that are certified by the City. Only those blowers that don’t produce noise levels of more than 70 dBA at 50 feet are certified. As a result of the amendment, the ban is not enforced. In mid-August, the City of Los Angeles stopped enforcement efforts on its ordinance (applicable only to residential areas) due to the dismissal by a Municipal Court Judge of tickets issued to gardeners who were cited for operating leaf blowers using methanol fuel. Because the ordinance only banned gasoline-powered blowers, and since it. is very difficult by either odor or visual observation to differentiate between gasoline or methanol, enforcement was curtailed for a period of time. Enforcement efforts have begun again. When a gardener claims to be using methanol, the inspector and police officer request a .sample of fuel. Any samples that are taken are sent to a laboratory for analysis. CMR:139:99 Page 8 of 18 Some cities have recently enacted bans. They include Manhattan Beach (9/98) and Santa Barbara (11/97). In October 1998, the Santa Cruz Council conducted a study session on leaf blower regulation alternatives. At that time, the Council directed that a task force of community members and gardeners be formed to review the issue. The task force was developed and initial indications were that it would recommend restrictions, but not a ban. In the interim, the membership of the City Council changed. The issue of leaf blowers has been put on hold. Sunnyvale held a noise forum last fall that addressed all types of noise issues. Based upon the information received, recommendations most likely will be made to Sunnyvale’s Council that leaf blowers not be singled out from other noise producing tools and that with the possible exception of reducing the hours of the day that blowers could be used, no changes be made to current regulations. Staff has also received a copy of a .court decision that was rendered in New York last December that ruled that the City of Long Beach, New York’s ordinance prohibiting the use of power blowers was unconstitutional. The case involved two defendants; a landscaper and an employee of the local school district, who were charged with violating that city’s four-year old ordinance that prohibited the use of power blowers. The defendants moved for dismissal of the charges on the grounds that the ordinance was arbitrary, exceeded reasonable objectives and was unreasonably burdensome to their landscaping business and school maintenance program. Staff had originally planned on providing Council with evaluation of options last fall. However, due to the Senate Bill that was pending at that time in Sacramento and the ballot measure activity that were occurring in Menlo Park. However, staff believed it was prudent to wait until after Menlo Park’s election and a conclusion was reached in the State capital before requesting Council action. Menlo Park’s ballot measure was defeated and currently a task force is reviewing options for regulating leaf blowers. Senator Polanco’s bill died during last year’s session after it reached the Committee on Environmental Quality. Staff reeently spoke to a representative from Senator Polanco’s office and was told that he is actively considering proposing a similar type of bill during this year’s session, but that a final decision will not be made until mid or late February. Pollution Issues As described in CMR’s 216:98 and 351:98, in addition to noise levels, there are two pollution concerns associated with leaf blowers, gas emissions and particulate matter. According to the Environmental Protection Agency (EPA), most manufacturers of leaf CMR:139:99 Page 9 of 18 blowers will be able to meet the new Tier II emissions standards that will become effective next year. The EPA indicated that while electric equipment is cleaner than gas powered engines, generating the power to run electric equipment does produce pollution as well. The Bay Area Air Quality Management District estimates that yard care equipment is responsible for 2 percent of total pollution and that leaf blowers are only responsible for about 17 percent of the pollution associated with yard care equipment. It has been estimated that using a gas- powered leaf blower for one hour may be equivalent to 34 hours of driving a car; using a chain saw for an hour may be equivalent to 63 hours of driving, and using a weed whacker may be equivalent to 21 hours of driving. The conclusions about particulate matter pollution are much less concrete and questionable based upon the lack of creditable research and data.. In 1996, AeroVironment Incorporated conducted a study for the South Coast Air Quality Management District to determine the amount ofrespirable dust (PM-10) produced by leaf blowers. At that time, it estimated that PM-!0 emissions from leaf blowers contributed to about 1 percent of the total emissions in the Los Angeles area. It acknowledged, however, that it considered this a conservatively high estimate that was based upon assumptions and unvalidated information. While it is obvious that leaf blowers do add to particulate matter pollution, until more scientific research using valid information can be completed, it is not possible to determine the extent. Update: Palo Alto Enforcement During 1998, police personnel responded to 175 leafblow.er complaints, an increase of 30 compared to the previous year. Of those complaints, by the time the officer responded, the person using the blower was not located in 67 or about 38 percent of the cases. Out of the total number of calls, 107 were as a result of the blower being used before the currently permitted starting time on weekdays and 11:00 a.m. on weekends. Citations were iSsued on two occasions within the last four months. One was issued in the downtown area for operation of a blower on a weekday prior to 9:00 a.m. Warnings had been issue prior to the citation being issued. The other citation was issued in a commercial area for operating a leaf blower on a Sunday prior to 10:00 a.m. Attachment C provides a history of the 1998 complaints by date, time of day and location. Proposed Regulations and Enforcement Opinions on the use of leaf blowers range from opponents who are concerned about noise levels and pollution generation to proponents who cite leaf blowers efficiency, utility and economy. Little consensus is shared between people who hold the divergent viewpoints. It CMR:139:99 Page 10 of 18 is clear that regardless of Council’s final direction, some members of the community will not be satisfied. With this in mind, staff recommendations reflect efforts to approach the issue with a balanced, proactive strategy that should result in considerable noise reduction while allowing gardeners and others to maintain the cleanliness of the City. Staffrecommends a decrease in allowable decibel levels of leaf blowers, further restrictions in the permitted hours and days of operation and a change in enforcement procedures. Staff has analyzed the information regarding the use of leaf blowers and determined the following: Leaf blowers (gasoline and electric) do produce noise levels that are offensive and bothersome to some individuals. Leaf blowers (gasoline and electric) blow pollutants including dust, animal droppings, and pesticides into the air adding to pollution problems. Gasoline-powered leaf blowers produce fuel emissions that add to the air pollution. Other garden equipment such as gasoline-powered lawn mowers, hedge trimmers, and weed wackers also produce similar noise levels and present many of the same environmental concerns. While there are other types of tools that can be used, the majority of them require at least 30 to 50 percent more time to complete the work compared to leaf blowers, and thus significantly increase the costs to the City for clean up ofpublicfacilities. Ordinances regulating the use of leaf blowers should be easily enforced and understood in order to be effective and for compliance to occur. Staff proposes changing the level of enforcement associated with the recommended changes to leaf blower regulations from a reactive and complaint basis to a proactive basis. This recommendation is made based upon the belief that compliance would be more apt to occur if users of leaf blowers knew that the City’s approach was not complaint-based. The con.cept of issuing permits, .similar to that procedure used by Palos Verdes, provides two positive elements. The first is ease of enforcement. As police staff travel around the city and observe people using leaf blowers, it would be quite easy to determine a violation just by visually inspecting the blower for an affixed permit. Prior to receiving a City permit, the blower would be tested once by either City staff using a sound meter or a certificate of compliance by an independent testing agency such as ANSI would be required. A manufacturer’s certificate would not be accepted. Permits would need to be obtained for all leaf blowers, including those used by residents on their private property. Secondly, at the time permits are issued, City staff would provide education material CMR:139:99 Page 11 of 18 (bilingual) and instruction to users of blowers on the proper way to use them. As an example, research revealed that when the extension tubes are used on blowers, they are quieter than when used without the tubes. According to many sources, many independent commercial gardeners never receive instruction on the proper use of blowers. This type of educational assistance would be beneficial in helping to ensure the appropriate use. Staff is recommending that permits be issued only to those leaf blowers that meet ANSI standards. The American National Standards Institute (ANSI) is the coordinator and administrator for the United States private sector voluntary standardization. Underwriters Laboratories, an independent non-profit organization that has become a recognized leader in product safety and certification uses ANSI standards when certifying leaf blowers. Staffbelieves that a stricter enforcement posture that would result in citations being issued after an initial warning period would help to alleviate many concerns. Staff also recommends some additional enforcement elements. These include provisions that after receipt of two citations, the permit for the blower would be revoked. Also, staff proposes that the clients of commercial gardeners who are found in violation of the ordinance would be notified in order for them to take more ownership in the issue. Currently, Section 9.48.040 of the Palo Alto Municipal Code prohibits the sweeping, throwing or placing of dirt, debris, and rubbish onto sidewalks, streets, alleys and gutters. Staff recommends strengthening this language by including a prohibition against blowing debris into adjacent properties and adding the proactive approach to enforce these ordinances. City_ Use of Leaf Blowers Currently, City crews and contractors use leaf blowers to clean City parking lots, downtown sidewalks, tree wells, bike paths, tennis courts, parks, City Hall plaza, athletic fields, City facilities, and the golf course. Public Works and Community Services staff compiled information for each of these areas regarding the frequency these areas are cleaned and the times of day the cleaning takes place. Additionally, the costs to clean these areas using leaf blowers has been determined and an estimation of increased costs should the use of leaf blowers be prohibited. Attachment D provides the detailed information. Staff estimates that the current annual cost of almost $500,700 would be increased by almost four times ($1,979,775) should City crews be prohibited from using blowers. These estimates were based upon information received from the City’s contractors, cities that have implemented leaf blower bans, and projections for in-house work. The blowers used by City crews in the downtown area are the newer models that are rated CMR:139:99 Page 12 of 18 at 65 dBA. City crews who work in other areas of town use models that are rated at 70 dBA. All City contractors are required to use blowers rated at 65 dBA. The other issue relative to City crews using leaf blowers deals with the actual hours of use. At the time the current ordinance was adopted, Council made a specific exception which allowed for business district street and public parking lot cleaning to occur between 10:00 p.m. and 7:00 a.m. on weekdays. Council recognized that, due to the presence of vehicles and pedestrians, it is difficult to clean these areas during the times that leaf blowers are normally allowed to be used (9:00 a.m. to 5:00 p.m.). The permitted decibel level of the blowers used by City crews and contractors, however, is at the same 75 dBA at 25 feet that is required for daytime use. Over the years, staff has received some complaints from people living in the downtown and California Avenue areas about the noise created by the blowers, especially in the early morning hours, and street and sidewalk cleaning. The City crews make every effort to keep ,the noise levels down. Staff believes that the problems associated with daytime cleaning are still present and as a result are recommending that some specific exemptions for City crews in certain parts of the city. ALTERNATIVES TO RECOMMENDATION Staffhas considered alternative options for dealing with the leaf blower issue and discussed the pros and cons with the members of the public at the three community meetings. (See attached CMR:341:98). These alternatives, together with the reasons staff has not recommended them, are listed below for Council consideration. Make No Changes to the Current Ordinance - Staff believes that~ changes to the current ordinance are needed and as a result does not recommend this alternative. While the combination of decibel level limits and hours/time of day is a more effective regulation than just one or the other, as reflected in the complaint history over the last few years, enforcement has not been effective for several reasons. In order to determine whether a violation has occurred during permitted hours of operation, the user must be observed by the officer. Additionally, decibel levels must be measured. It is not uncommon for commercial gardeners to use different staff at the same locations. A complaint may be received about a user one week and the officer may determine a violation has occurred. Due to the procedure the Department has used over the years, first offenses result in warnings. The next week, another complaint about the same location may be received, but the officers frequently find another individual operating the blower. CMR:139:99 Page 13 of 18 Another problem with enforcement ofthe current ordinance is created by the fact that many complaints are made anonymously. As a result, by the time an officer arrives, the violator has already !eft, has stopped using the blower, or has changed the throttle level of the blower. Without additionalinformation by an actual witness, enforcement is extremely difficult. As noted in a prior staff report, the average amount of time spent on leaf blower responses is about 30 minutes. Complete ban on all leaf blowers - Staff does not recommend this alternative for several reasons. As discussed previously, ifa ban on the use of leaf blowers were to occur without any exemptions for City crews and contractors, the costs to maintain the cleanliness of City facilities, parks, parking lots, etc., would increase from $500,700 to approximately $1,979,775. The City would not be the only public agency who would incur additional costs ifa ban were implemented. Staff has conferred with representatives of the Palo Alto Unified School District and determined that some years ago, it was forced to reduce its gardening staff by about 50 percent. As a result, it is vital that it use leaf blowers in order to keep the campuses clean. It is diligent about operating its blowers at half speed and has not received any Complaints about their use. Should a ban on leaf blowers be imposed, it would face the altematives of increased costs or accepting a lower level of cleanliness. , While staffhas been unable to find any documentation regarding the loss of economic earnings for gardeners in those cities that have banned blowers, there is no doubt that clean up of all kinds takes more time without the use of blowers. Gardeners would then be forced to charge higher fees in order to maintain their same level of income. Other types of power garden tools produce noise levels that are louder or as loud as leaf blowers and that add to air pollution problems. While they do not necessarily produce the same pitch as blowers, there are substantial indications that other types of tools are as offensive as blowers. A prohibition against just leaf blowers seems arbitrary. If Council desires to prohibit the use of leaf blowers, staff would recommend the prohibition against other power garden tools, such as lawn mowers, hedge trimmers, chainsaws and edgers. Ban on Only Fuel Powered Leaf Blowers - While staff considered this alternative, it is not recommended based upon several factors. While an ordinance banning all fuel powered (gasoline, methanol, etc.) blowers would also be easier to enforce than the current ordinance, staffhas learned that gardeners and other users of blowers in some cities have attempted to circumvent the law by giving the appearance that electrical CMR:139:99 Page 14 of 18 cords are attached to the blowers. Staff has also been advised by officers from some jurisdictions that have banned fuel powered leaf blowers that because officers still must personally observe the violation in order for enforcement to occur, few citations are actually issued. Gardeners in those cities have leamed that they have at least a three- to five-minute window in which to do their blowing prior to the time an officer may respond. In many instances, that window of opportunity is even longer due to the low priority given to these types of calls for service in many cities. As a result, it is not unusual for the gardener to have either left the location, or at the very least, stopped using the blower prior to the officer’s arrival. Because it would be extremely difficult for City crews/contractors to use electric blowers due to the lack of accessible power outlets in many of the areas cleaned, staff believes the cost impact for this altemative would be equivalent to that in alternative #1. While it is possible to connect these blowers to generators, the noise and fuel emissions created by the generators are frequently worse than gas powered blowers. There are also safety, issues concerning the potential for electrical shock when cords come into contact with wet surfaces. Because of this hazardous condition, two people are usually needed to operate an electric leaf blower, one to operate the blower and one to ensure that the cord does not come into contact with water or other liquids. Based upon sound meter tests, electric leaf blowers are as loud as or louder than gasoline-powered blowers. While they do not emit harmful fuel by-products, they disturb the equivalent amount of particles that add to air pollution concerns. Allow the Use of Leaf Blowers Only in Commercially Zoned Areas - Staff also looked at this alternative and identified some positive factors. As one example, this alternative would permit City crews to use blowers in such areas as the downtown, California Avenue, etc., and as a result, the cost impact to the City would not be as significant as bans. However, the primary reason staff has not recommended this option deals with the difficulty in enforcement of such an ordinance. Police staff would need to rely on City zoning maps in order to determine the designation of a specific property. Additionally, there are a number of places in the City where commercially zoned properties abut or are across the street from residential or other designated types of zones. This would present problems in that a blower could be legally used on one side of the street, but cause an annoyance on the other side of the street. This would create confusion and frustration. Enforcement would be almost as labor intensive as the current ordinance. J Further Restrict the Hours of the Day and/or Days of Week Leaf Blowers may be Operated - As an example, allowable times could be reduced to 10:00 a.m. to 4:00 p.m. or use could be prohibited on weekends and holidays. Staffbelieves ordinances CMR:139:99 Page 15 of 18 just restricting times and locations are confusing to users, difficult to enforce and do nothing to address the noise level concerns. Under this option, if City crews were not exempted, additional staff would still be needed or contractors hired if the same level of cleanliness was to be maintained. The amount of additional costs would be dependant upon the number of hours and/or days of weeks that would be further considered restricted. o Allow Leaf Blower Use Only by Private Citizens on Their Own Property - In addition to the cost impact to the City for cleaning City facilities and properties, a regulation such as this would be difficult to enforce. Officers would have to verify the identity of the user and the ownership of the property. Additionally, it does not address the noise issues that are of the greatest concern. Staff also believes it unfairly targets the commercial gardeners while allowing residents unlimited usage. Other Ideas - During the public meetings, other ideas surfaced such as allowing leaf blowers to be used only in increments of 15 minute periods and dividing the City into different zones and allow blowers to be used in specific zones on certain days of the week. Staff determined that the confusion on the part of users, together with the difficulty in enforcing such regulations, make this an unrealistic approach to dealing with the issue and as a result has not recommended it. RESOURCE IMPACTS Currently, three Community Service Officers (CSO) are assigned to the patrol division to take minor accident and crime reports, handle abandoned vehicles, perform traffic control, respond to noise complaints. Staffbelieves that with the extra work load associated with the issuance of permits for leaf blowers, the provision ofproactive enforcement, and in order to provide seven-day-a-week coverage, some additional staffing would be needed. Because information about the number of leaf blowers in the City that would require permits is not known, staffwould propose to hire a temporary CSO. After gaining some experience with the program, staff would evaluate additional staffing needs and if warranted, would return to Council with requests for additional regular staff. Estimated Costs for the initial implementation include: Salary $40,000 Uniforms/equipment $ 3,000 Supplies, education materials, permits ~ Total $46,000 CMR:139:99 Page 16 of 18 In staff’s recommendation, a fee for leaf blower permits would be charged on an annual basis. While a specific amount has not been determined, staff anticipates that a fee in the area of about $10 would be reasonable and would assist in helping to offset the operational costs of the proactive program. The fee revenue would be determined by the number of users of leaf blowers who obtained the permits. Should Council approve the staff recommendation, staff would return with specific recommendations for the amounts for penalties that would be assessed against violators. Currently, the fine for violation of the ordinance is $35, with a $69 penalty assessment for a total of $104. POLICY IMPLICATIONS Staff’s recommendations are consistent with the Comprehensive Plan’s policy to evaluate changes to the noise ordinance to reduce the impact of leaf blower noise (N61). As stated previously, staff’s recommendation does not significantly address particulate matter pollution, but instead attempts to have a significant impact on the noise levels and tries to balance the concerns of as many involved parties as possible. ENVIRONMENTAL REVIEW An environmental determination would be made at the time the proposed ordinance returns to Council for adoption. ATTACHMENTS Attachment A - Results of Sound Meter Readings of Other Types of Equipment Attachment B - Summary of Additional Cities’ Ordinances Attachment C - History. of 1998 Leaf Blower Complaints Attachment D - City Cost Comparisons Ban/No Ban CMR:341:98 CMR:216:98 PREPARED BY:,Lynne Johnson, Assistant Police Chief Don Hartnett, Police Lieutenant CMR:139:99 Page 17 of 18 REVIEWED BY: PATRICK DWYER, CHIEF OF POLICE APPROVED BY: CMR:139:99 Page 18 of 18 ATTACHMENT A NOISE LEVELS OF ALTERNATIVE CLEANING EQUIPMENT EQUIPMENT 3’25’50’ Power Washer 87 76 73 Green Machine 82 69 64/66 Elgin "Cross Wind" Street Sweeper 91 82 78 Elgin "Pelican" Mechanical Broom 91 81 79 Sweeper o o o o ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Date 01-14-98 01-17-98 01-20-98 01-28-98 01-28-98 01-30-98 01-30-98 02-14-98 02-20-98 02-20-98 02-20-98 02-21-98 02-23-98 02-26-98 03-03-98 03-05-98 03-09-98 03-09-98 03-10-98 03-10-98 03-11-98 03-12-98 03-23-98 03-26-98 Time 7:29 a.m. 9:56 a.m. 7:19 a.m. 7:59 a.m. 11:55 a.m. 8:48 a.m. 4:11 p.m. 8:56 a.m. 8:45 a.m. 10:36 a.m. 10:51 a.m. 1:53 p.m. 7:58 p.m. 8:57 a.m. 7:44 a.m. 12:17 p.m. 8:14 a.m., 8:45 a.m. 7:42 a.m. 4:59 p.m. 6:22 a.m. 7:42 a.m. 3:43 p.m. 11:20 a.m. Contact Made (CM) or Unable to Locate (UTL) CM CM UTL UTL CM UTL CM CM CM UTL CM CM CM CM CM CM CM UTL CM CM CM CM CM Hundred Block of Reported Leaf Blower Violations 700 block of Middlefield 1100 block of Hamilton 100 block of E1 Camino Real 300 block of Pastuer 800 block ofMoana Ct. 300 block of Cowper 500 block of Lincoln 1700 block of E1 Camino Real 200 block of Termyson 1700 block of Emerson 3300 block of St. Michael 800 block of Miranda Green Ct. 100 block of Lytton 1800 block of Waverley 1300 block of Newell 600 block of Kingsley 300 block of Curtner 900 block of Amarillo 2800 block of Middlefield 500 block of St. Clair 100 block of Califomia 1000 block of Colorado 700 block of Loma Verde 2500 block ofW. Bayshore Date 03 -27-98 03-31-98 04-02-98 04-05-98 04-10-98 04-14-98 04-17-98 04-25-98 04-26-98 04-27-98 04-28-98 04-28-98 04-28-98 04-29-98 05-03-98 05-06-98 05-06-98 05-07-98 05-10-98 05-11-98 05-13-98 05-13-98 05-15-98 05-17-98 ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Time 3:42 a.m. 7:41 a.m. 7:53 a.m. 3:32 p.m. 4:51 a.m. 7:27 a.m. 1:04 p.m. 8:44 a.m. 3:36 p.m. 1:51 p.m. 7:24 a.m. 7:30 a.m. 5:46 p.m. 6:18 a.m. 11:47 p.m. 7:33 a.m. 11:57 a.m. 8:57 a.mo 11:49 p.m. 8:28 a.m.. 1:25 p.m. 1:39 p.m. 12:08 p.m. 11:22 p.m. Contact Made (CM) or Unable to Locate (IJTL) CM* CM CM UTL CM* CM CM UTL CM CM CM* CM CM* UTL CM UTL CM* CM* UTL UTL CM CM* Hundred Block of Reported Leaf Blower Violations 600 block of Arastradero 200 block of Palo Alto Ave. 700 block of Maplewood 600 block of Homer 400 block of University 300 block of Hamilton 500 block of Lincoln 3900 block of E1 Camino Real 600 ’block of Homer 4200 block of Wilkie 300 block of Bryant 200 block of Sherman 200 block of Curtner 400 block of University 300 block of Waverley 300 block of Portage 200 block of Grant 3800 block of E1 Camino Real 300 block of Waverley 200 block of Hamilton 2300 block, of Tasso 500 block of Channing 200 block of Edlee 300 block of Waverley Date 05-25-98 05-27-98 06-01-98 06-02-98 06-03-98 06-05-98 06-11-98 06-15-98 06-15-98 06-16-98 06-17-98 06-17-98 06-18-98 06-22-98 06-22-98 06-23-98 06-23-98 06-23-98 06-23-98 06-24-98 06-25-98 06-25-98 06-26-98 06-27-98 ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Time 1:50 p.m. 5:19 a.m. 8:12 a.m. 7:53 a.m. 10:25 a.m. 1:48 p.m. 8:39 a.m. 7:36 a.m. 7:57 a.m. 7:56 a.m. 6:32 a.m. 7:41 a.m. 8:19 a.m. 7:42 a.m. 3:40 p.m. 7:42 a.m. 7:40 a.m., 7:32 a.m. 5:25 p.m. 7:38 a.m. 8:16 a.m. 8:31 a.m. 5:54 a.m. 1:35 p.m. Contact Made (CM) or Unable to Locate (UTL) CM CM* CM UTL CM UTL UTL UTL CM CM UTL CM CM CM UTL UTL UTL UTL UTL UTL CM UTL CM CM Hundred Block of Reported Leaf Blower Violations 700 block of Sutter 600 block of Waverley 3500 block of Laguna 1200 block of Harriet 3100 block of Waverley 1200 block of Wilson 3800 block of E1 Camino Real 100 block Middlefield 1200 block of Newell 2600 block of Birch 500 block of University 3500 block of Arbutus 3400 block of Ross 700 block of Page Mill 700 block of San Antonio 700 block of Page Mill 200 block of Sherman 100 block of Middlefield 700 block of Northampton 700 block of Page Mill 3800 block of E1 Camino 500 block of Center 3300 block ofW. Bayshore Rd 1500 block of Portola ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Date 06-29-98, 06-29-98 06-29-98 06-29-98 06-29-98 06-30-98 06-30-98 06-30-98 07-01-98 07-03-98 07-04-98 07-05-98 07-06-98 I" 07-08-98 07-08-98 07-09-98 07-09-98 07-10-98 07-10-98 07-11-98 07-12-98 07-13-98 07-13-98 07-15-98 Time 7:30 a.m. 8:26 a.m. 7:40 a.mo 1:11 p.m. 9:01 p.m. 7:57 a.m. 8:28 a.m. 6:04 p.m. 7:30 a.m. 8:30 a.m. 11:31 a.m. 8:24 a.m. 8:40 a.m. 7:37 a.m. 7:27 a.m. 8:22 a.m: 8:40 a.m. 8:20 a.m. 10:14 a.m. 2:48 p.m. 4:56 a.m. 7:19 a.m. 7:38 a.m. 8:34 a.m. Contact Made (CM) or Unable to Locate (UTL) CM UTL UTL CM CM* CM UTL CM UTL UTL CM UTL CM CM CM CM CM* UTL CM UTL CM CM UTL CM* Hundred Block of Reported Leaf Blower Violations 700 block of Guinda 3100 block of Manchester Ct. 700 block of Page. Mill 200 block of Lowell 200 block of Sherman 700 block of Page Mill 100 block of Middlefield 500 block of Matadero 700 block of Page Mill 3700 block of E1 camino Real 400 block of Ruthven 3100 block of Alexis 100 block of Middlefield 200 block of Forest 700 block of Page Mill 500 block of Center 1300 block of Newell 1100 block of Greenwood 3300 block of St. Michael 4200, block of McKellar 1500 block of Page Mill 800 block of Hansen 3600 block of Whitsell 200 block of Forest ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Date 07-15-98 07-16-98 07-17-98 07-18-98 07-22-98 07-23-98 ’07-23-98 07-24-98 07-25-98 07-27-98 07-28-98 08-03-98 08-03-98 08-03-98 08-04-98 08-05-98 08-07-98 08-11-98 08-14-98 08-14-98 08-17-98 08-17-98 08-18-98 08-18-98 Time 8:56 a.m. 8:23 a.m. 6:41 a.m. 7:15 a.m. 8:33 a.m. 8:13 a.m. 8:27 a.m. 11:11 a.m. 1:35 p.m. 7:34 a.m. 8:31 a.m. 6:47 a.m. 6:19 p.m. 7:46 p.m. 7:55 a.m. 6:37 a.m. 6:37 a.m. 8:09 a.m. 6:37 a.m. 10:45 p.m. 8:46 a.m. 11:55 a.m. 8:09 a.m. 3:27 p.m. Contact Made (CM) or Unable to Locate (UTL) UTL UTL UTL UTL CM UTL CM UTL CM CM* UTL UTL UTL CM CM CM* CM* UTL UTL UTL CM UTL CM UTL Hundred Block of Reported Leaf Blower Violations 500 block of Arastradero 1200 block of Newell 400 block of Cowper 3700 block of E1 Camino Real 400 block of San Antonio 1200 block of Hewell 3800 block of Corina 100 block of Churchill 2700 block of Waverley 200 block of Hamilton 1200 block of Forest 400 block of University 700 block of Colorado 2900 block of Alexis 1200 block of Newell 400 block of University 400 block of University 1200 block of Forest 500 block of Waverley 2300 block of Wellesley 1800 block of Emerson 4200 block of Wilkie Way 1200 block of Forest 2300 block of Middlefield ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Date 08-21-98 08-21-98 08-21-98 08-24-98 08-24-98 08-24-98 08-25-98 08-25-98 08-25-98 08-27-98 08-27-98 08-28-98 08-30-98 09-04-98 09-06-98 09-08-98 09-12-98 09-15-98 09-16-98 09-17-98 09-18-98 09-23-98 09-23-98 09-25-98 Time 7:18 a.m. 8:51 a.m. 8:58 a.m. 6:39 a.m. 8:41 a.m. 8:59 p.m. 7:25 a.m. 1:33 p.m. 6:48 p.m. 10:56 a.m. 8:33 a.m. 6:31 a.m. 12:43 p.m. 7:46 a.m. 7:22 a.m. 8:31 a.m. 8:25 a.m. 7:12 a.m. 5:30 a.m. 4:23 a.m. 9:30 a.m. 9:42 a.m. 12:12 p.m. 8:03 a.m. Contact Made (CM) or Unable to Locate (UTL) CM CM CM. CM CM UTL CM UTL UTL CM CM CM* CM CM UTL UTL CM UTL CM* CM* CM CM CM UTL Hundred Block of Reported Leaf Blower Violations 400 block of Kipling 200 block of Seale 700 block of Garland 200 block of University 3000 block of E1 Camino Real 2400 block of E1 Camino Real 2800 block of Middlefield 500 biock of Channing 500 block of Arastradero 600 block of Channing 900 block of Hansen 400 block of University 600 block of Homer 2100 block of Greer 100 block of College 700 block of Emerson 900 block of Dennis 700 block of Colorado 500 block of University 400 block of University 500 block of Alger 100 block of Lincoln 300 block of Sheridan 1200 block of Forest Date 09-25-98 10-02-98 10-06-98 10-06-98 10-08-98 10-09-98 10-11-98 10-13-98 10-17-98 10-18-98 10-20-98 10-27-98 10-27-98 10-28-98 10-28-98 10-28-98 10-31-98 11-02-98 11-05-98 11-05-98 11-07-98 11-08-98 11-09-98 11-10-98 ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Time 5:18 p.m. 8:31 a.m. ¯ 8:06 a.m. 6:50 p.m. 7:52 a.m. 10:28 a.m. 3:13 p.m. 9:34 a.m. 8:17 a.m. 8:11 a.m.. 6:29 a.m. 12:27 a.m. 7:49 a.m. 8:43 a.m. 7:47 a.m. 7:37 a.m. 1:25 p.m. 3:25 p.m. 8:42 a.m. 1:21 p.m. 12:01 p.m. 8:40 a.m. 8:35 a.m. 1:13 a.m. Contact Made (CM) or Unable to Locate (UTL) CM CM - citation issued CM UTL CM CM CM CM CM CM* CM* CM CM CM CM UTL CM CM UTL UTL CM CM - citation issued CM UTL Hundred Block of Reported Leaf Blower Violations 2000 block of Channing 600 block of Waverley 600 block of Emerson 800 block of Ross Ct. 1600 block of Edgewood 1900 block of Waverley 400 block of Forest 1000 block of Cowper 200 block of Rineonada 2900 block of Middlefield 200 block of Cambridge Amtrack Depot - University Circle 4100 block of MacKay 700 block of Layne Ct. 100 block of Middlefield 900 block of Scott 2700 block of Waverley 300 block of College 1200 block of Greenwood 1200 block of Wilson 2700 block of Waverley 1700 block of Embarcadero 2200 blockof Greer Amtrack Depot - University Circle Date 11-11-98 11-14-98 11-15-98 11-17-98 11-19-98 11-23-98 11-24-98 11-24-98 11-24-98 11-27-98 12-03-98 12-08-98 12-09-98 12-14-98 12-16-98 12-17-98 12-26-98 ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Time 5:25 p.m. 2:15 p.m. 11:23 p.m. 5:18 p.m. 8:51 a.m. 8:30 a.m. 8:32 a.m. 1:26 p.m. 3:55 p.m. 7:35 a.m. 12:28 p.m. 7:14 a.m. 7:50 a.m. 7:33 a.m. 8:47 a.m. 10:10 a.m. 2:59 p.m. Contact Made (CM) or Unable to Locate (UTL) CM UTL CM CM UTL CM CM CM CM CM CM UTL UTL UTL UTL CM UTL * = City employee or City subcontractor Hundred Block of Reported Leaf Blower Violations 400 block of Meadow 200 block of Tennyson 3900 block of Middlefield 800 block of Richardson Ct. 1300 block of Greenwood 3100 block of E1 Camino Real 900 block of Cowper 300 block of High 2000 block of Oberlin 3700 block of E1 Camino Real 200 block of Edlee 2200 block of Birch 700 block of Middlefield 800 block of Webster 1800 block of Emerson 400 block of Forest 300 block of Ruthven ATTACHMENT D COMPARISON BETWEEN CURRENT CITY COSTS AND ESTIMATED COSTS IF LEAF BLOWER BAN IMPLEMENTED PUBLIC WORKS AREAS BLOWERS USED City Parking Lots Downtown Civic Center Cubberley Misc. Parking Lots Bike Paths Dead Ends Downtown Sidewalks Tree Trimming In-House Tree Trimming SUBTOTAL FREQUENCY 1 / week 1 / week 1 / week 1 / week 3 / week Varies Varies TIMES 11 p.m.- 7 a.m. 11 p.m.- 7 a.m. 9 a.m. - 3:30 p.m. 9 a.m. - 3:30 p.m. 4 a.m. - 7 a.m. 8 a.m. - 4 p.m. 8 a.m. - 4 p.m. CURRENT COSTS $15,650 $21,700 $4,100 $2,250 $8,000 $12,500 $12,500 $76,700 ESTIMA TED COSTS $31,300 $43,400 $8,200 $4,500 $24,000 $25,000 $25,000 $161,400 CONTRACTOR USED Yes No No No No Yes No COMMUNITY SER VICES AREAS BLOWERS USED FREQUENCY TIMES Tennis Courts I" Downtown Tree Wells Parks City Hall Plaza Other City Facilities Contract Inspection Athletic Fields City Facilities - Higher Use Golf Course SUBTOTAL 2 / month 3 / week 5 / week 3 / week 3 / week 5 / week 3 / week 3-5 / week 5/week 9 a.m. - 4 p.m. 10 p.m. - 7 a.m. 9 a.m. - 3 p.m. 8 a.m. - 3 p.m. 8 a.m. - 3 p.m. 7 a.m. - 3 p.m. 9 a.m. - 3 p.m. 9 a.m. - 3 p.m. 6 a.m. - 3 p.m. CURRENT ]ESTIMATED COSTS COSTS $9,245 $21,500 :$45’,000~ ¯ ’~, i ’$227,500 $9,125i $27,375 $423,37.0 $1,818,375 !TOTAL I $500,070 ]$1,979,775 ] CONTRACTOR USED Yes Yes Yes Yes Yes No No No No TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: POLICE AGENDA DATE: APRIL 27, 1998 CMR:216:98 SUBJECT:- LEAF BLOWER ASSIGNMENT STATUS REPORT This is an informational report and no Council action is required at this time. BACKGROUND In January 1998, Council directed staffto identify and evaluate options for addressing leaf blower noise, to review environmental issues, to provide a survey of What other jurisdictions have done regarding leaf blowers, and to return in 90 days with a report., Council also requested that staff provide information about the current level of enforcement and on issues related to enforcement of any proposed ordinance changes. Since .receiving the assignment, staff has been gathering information needed to develop the OPtions. This report provides information that staffhas gathered to date regarding the following: a summary of the history of leaf blower control in Palo Alto; experience of other cities and their leaf blower ordinances; test results of sound meter readings for various types of leaf blowers and other garden equipment; leaf blower complaints and current enforcement efforts; pollution information; and pending legislation concerning leaf blowers. In 1972, the City established noise standards with the adoption ofPalo AI~0 Municipal Code, Chapter 9.10. In 1986, as a result of numerous complaints about noise from equipment used by gardeners and Public Works employees and City contractors, the Police Department started to formalize its response and enforcement of the ordinance. At that time, after conducting noise meter readings on 18 different pieces of commonly used equipment, it was CMP,:216:98 Page 1 of 8 concluded that the noise ordinance was restrictive and needed to be reviewed for changes. After a Council study session on the issue early in 1987, staff presented three options to the Council specifically related to leaf blowers, including: 1) a ban on the use of gasoline powered leaf blowers, 2) a prohibition on the use of gasoline leaf blowers within 250 feet of a single family or multiple family residence~ and 3) a prohibition on the use of a gasoline leaf blower exceeding 90 decibels at a distance of 25 feet between 10:00 a.m. and 4:00 p.m., Monday through Saturday, and total prohibition on Sundays and holidays. The Council approved the third option with some modifications as an ordinance amendment. The modifications included a reduction from 90 decibels to 82 decibels and a further reduction to 75 decibels after July 1, 1989, and a change in hours from 9:00 a.m. to 5:00 p.m., Monday through Saturday, and from 10:00 a.m. to 4:00 p.m. on Sundays and holidays. At the time of the second reading of the ordinance amendment, there was considerable discussion concerning a possible exemption for City crews who used leaf blowers to clean parking lots during nighttime hours due to the anticipated increase in costs and a decrease in the standard of cleanliness. Direction was given to staff at that time to prepare a policy for purchasing quieter equipment. In August 1987, Council approved an amendment to the noise ordinance, which permitted the use of gasoline leaf blowers not exceeding 82 decibels at 25 feet (reduced to 75 decibels at 25 feet on July 1, 1989) to clean City parking lots between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday. Additionally, Council directed that all. potential vendors and bidders for City equipment purchases or City contractors adhere to five noise emission criteria for consideration. The criteria included: the vendor’s ability to comply with the City’s noise ordinance; written plans for reducing equipment noise emissions in the future; current operating decibel levels of equipment used by the vendor; the ability of the vendor to provide equipment designed to reduce noise; and the vendor’s commitment to the "Buy Quiet" program sponsored by the National Institute of Governmental Purchasing. .. A leaf blower control initiative was placed on the November 1987 ballot, which would have prohibited the use of gasoline powered leaf blowers exceeding 70 decibels at 25 feet and would have required users of leaf blowers to get written certification from the Police Department that the equipment was not able to produce noise.levels in excess of 70 .decibels. During the time prior to the election, it was estimated by representatives of both sides of the initiative that costs for homeowners and the City would increase by 20 to 30 percent. The initiative failed by 3,333 votes. The Police Department has enforced the ordinance regarding the use of leaf blowers on a complaint basis for the last 11 years. Calls received concerning leaf blowers are assigned to a police or community services officer for investigation. Response to these calls falls within the non-emergency response category and, depending upon other higher priority calls CMR:216:98 Page 2 of 8 for service at the time, the calls are normally handled within one hour of the receipt of the call. It is not uncommon for the users of the leaf blower to have left prior to the officer’s arrival. Oftentimes, if the user is present, they will reduce the power of the equipment once they see the officer arrive. While the current ordinance prohibits leaf blowers which produce noise levels in excess of 75 decibels, without testing each piece of equipment at full throttle with a sound meter it is not possible for the officer to determine if they are in violation. The majority of complaints associated with leaf blowers concern their use prior to the permitted hours of operation. Very few complaints have been received about their use after the permitted time. Attachment A provides a listing of leaf blower complaints received by the Police Department from January 1, 1996 through December 31, 1997, providing the location of the complaint, and whether the officer was able to contact the alleged violator. For the first offense, a written warning is issued to the user. The officer completes a noise violation form and information is maintained by location, name of user, and the action taken. It is extremely rare to encounter repeat offenders. During 1996, the Police Department responded to 123 leaf blower complaints; in 1997, the number increased to 145. It takes an average of about 30 minutes for an officer to respond, investigate and document a leaf blower complaint. The Police Department uses calibrated sound meters that meet the standards of the American National Standards Institute (ANSI) to measure decibel levels. It should be noted that ANSI ratingS, that come with most leaf blowers are usually obtained by taking measurements in controlled settings and at 50 feet that sound meter readings taken under field conditions usually result in higher readings than the ANSI ratings. In 1987, few, ffany, gasoline powered leaf blowers produced noise levels below 70 decibels at 25 feet. Staffhas recently taken sound meter readings of various brands of gasoline and electric leaf blowers, other commonly used garden equipment, and for comparison purposes, ambients of other areas. Attachment B provides a detailed listing of the results. Generally, most gasoline powered leaf blowers produce less noise than earlier models, but still have the ¯ capability of reaching the mid to high 80 decibel level. Electric leaf blowers tend to be slightly less noisy, but not significantly so. Manufacturers are finally beginning to design and distribute blowers with even lower noise emissions. As an example, the Echo 46LN model used by City workers has the capability of emitting only 65 decibels measured at 50 feet per the ANSI testing standards. In field tests, depending upon the ambient and other. factors, the equipment produces up to 73 decibels at 50 feet. As with other types of garden equipment, there are four noise sources associated with leaf blowers of any type, the engine, CMR:216:98 Page 3 of 8 air volume/flow (normally measured in cubic feet per minute), muffler and impeller.. According to information received from manufacturers, for the models that produce only 65 decibels the engine noise is about the same as the air volume noise. It is important to note because a logarithmic formula is used in calculating noise levels, a blower that produces 70 decibels is actually one-fourth as loud as one that produces 90 decibels. A change of three decibels is barely noticeable to the human ear while a five decibel change is noticeable, but not dramatic. In researching the issue, staffleamed that the way blowers are altered or changed also affect noise levels. As an example, most blowers are equipped with removable tube segments. While it is presumably easier for the user to use just the short tube, there is a reduction in noise levels when all the tube segments are attached. The determination of whether a noise source is annoying is not solely determined by the ¯ decibel level.- Other pieces of garden equipment such as lawn mowers and weed trimmers can produce the same decibel levels, but are not as annoying due to differences in tone, pitch, and/or duration of use. Pollution Issues There are two pollution concerns associated with leaf blowers: gas emissions and dust/pollen.. The United States Environmental Protection Agency (EPA) has es ".thuated that garden equipment accounts for five percent of the air pollution in the country. Exhaust emissions from these engines contain hydrocarbons, nitrogen oxides, carbon monoxide, carbon dioxide, and particulate matter. These emissions are the result of fuel and airbeing mixed and burned to produce the power needed for the operation of the engine. According to the National Vehicle and Fuel Emissions Laboratory, evaporative emissions occur in several ways. The majority occur during refueling and spillage. These types of emissions are generally smaller compared to the hydrocarbon emissions. In an article from the Bay Air Quality Management District, it was noted that a gasoline powered leaf blower emits as much pollution hourly as a car driven 100 miles, a lawn mower 50 miles, and a chain saw 200 miles. Because other gasoline powered garden equipment produces equivalent amounts of exhaust emissions, the EPA has addressed all types of equipment and has not singled out leaf blowers. In June 1995, the EPA finalized the first national, regulations affecting small gasoline powered engines used in garden equipment. Phase 1 regulations became effective in 1997 and were expected to result in a 32 percent reduction in hydrocarbon emissions. Because the Phase 1 regulations affected all new garden equipment manufactured after August 1, 1996, the full impact has not yet been determined. Currently, the EPA is working with state CMK:216:98 Page 4 of 8 and industry representatives to structure Phase 2 standards that would result in an additional 30 percent reduction below the Phase 1 levels. Staff is still in the process of attempting to gather information regarding dust pollution or particulate matter created by leaf blowers. While it is clear that airborne dust particles are factors in cardiopulmonary illnesses, little concrete information based upon scientific analysis associated with blowers has been found to date. The impetus behind the City of Santa Monica’s ban was directly related to the number of residents with immune deficiency diseases and the senior population with respiratory illnesses. Other Cities’ Experience Staffhas checked with other cities regarding their enforcement of leaf blowers. Most cities have ordinances similar to Palo Alto’s inthat they attempt to control the use of leaf blowers by regulating certain decibel levels, hours of permitted use and distances from residential areas. Some cities have included such stringent distance requirements that the ordinance actually serves as a ban. Los Angeles~ as an example, prohibits gasoline leaf blowers within 500 feet of a residential zone. After passage of the Los Angeles ordinance in 1996, opponents went to court in an attempt to get the ordinance declared unconstitutional. Some ¯ cities have considered bans (e.g. Pahn Springs) but have decided against.them for various reasons. After Santa Barbara’s .City Council decided not to ban all leafbl0wers, an initiative was placed on the ballot and was approved by the voters last November. However, a similar advisory ballot proposal was defeated in the City of Burbank. Attachment C shows those cities that have adopted ordinances that totally ban leaf blowers. The majority of those cities that have enacted a leaf blower ban prohibit only the use of gasoline powered blowers; a few others have outlawed gasoline, electric and battery operated blowers. Enforcement is usually done on a complaint basis and response is a low priority. Staffhas learned that in order to circumvent the language of some bans, people have changed the type of fuel they use from gasoline to alternative fuels like methane. Became some blowers have the capability of also being used as vacuums, some users also circumvent leaf blower bans by using the vacuum capability to pick up leaves and debris. Staffhas also learned tha~, depending upon the size of the city, without an exemption for city crews, a decrease in the level of maintenance to city streets, parks, and facilities or an increase in costs resulted when a total ban occurs. Industry standards published by the California Landscape Contractors’ Association and the National Parks and Recreation Association use a ratio of one hour of labor using a leaf blower to five hours of sweeping. Some cities have conducted their own time/motion studies and have concluded that production rates vary depending upon the amount/type of debris, weather conditions, type of surface, and the number of people occupying the area that is being cleaned. In 1997, the City of Santa Barbara estimated that a change from leaf blowers to sweeping/raking would CMR:216:98 ’Page 5 of 8 increase costs to maintain its golf course, parks, downtown, and parking facilities by mi estimated $445,000 per year and about $120,000 in one-time costs for the purchase of newer equipment. The City of Berkeley reported that by switching from leaf blowers to brooms, its park maintenance costs increased without receiving commensurate increases in its budgets, and the frequency, quality, and standards of maintenance have been reduced. Berkeley also reports a significant increase of wrist, elbow and back injury Workers’ Compensation claims and retirements since it has switched to brooms. Several years ago, the City of Whittier completed an exhaustive time-in-use study that compared time and costs associated with alternatives to the use of leaf blowers. It concluded the following: Area covered is 168,989 square feet: COSTTIIVlE 2.25 hours 282 hours 76 hours 18 hours Blower $32.06 Broom $4,018.50 [....Hose down $1,083.00 Walk behind vacuum $256.06 Pending Legislation. On February 13, 1998, Senator Polanco introduced Senate Bill 1651. This bill was initially introduced with language that focused on gasoline powered leaf blowers. It would require the State Department of Consumer Affairs to establish a testing and certification program by July 1, 1999, that_ would govern permissible noise levels for leaf blowers and a trade-in program for those blowers that do not meet the specified standards. All leaf blowers sold after January 1, 2000 would need tomeet a maximum noise level of 65 decibels at 50 feet. The bill would permit homeowners to use non-qualifying blowers on their own property after January 1,.2000. Additionally, the bill would prohibit local agencies from regulating the use of leaf blowers except between the hours of 6:00 p.m. and 8:00 a.m. on weekdays and 5:00 p.m. and 9:00 a.m. on weekends. Staff contacted Senator Polanco’s office and found out that the bill was introduced in reaction to the City of Los Angeles’ new ordinance that became effective on February 13, 1998. Senator Polanco believes that reasonable statewide regulation of leaf blowers represents public policy that is superior to the various conflicting local ordinances. In the analysis of the bill, Senator Polanco estimates that a commercial gardener’s costs would increase 20 to 40 percent. However, the Senator’s assistant indicated CMR:216:98 Page 6 of 8 that this estimate was based on antidotal information. The bill was not passed at the first hearing in the Senate’s Business and Professions Committee on April 13 due to the lack of the required number of Senators in attendance.~ At that time, the language was amended to address leaf blowers in general without regard to power source. The amended bill was reconsidered on April 21 and further amendments were made. The most recent amendments include language that would require the State Department of Consumer Affairs to certify leaf blowers as meeting a specified maximum noise level based upon data provided by manufacturers. Additionally, the bill has been changed to allow local initiative measures Which contained more stringent requirements on the hours or manner of use of leaf blowers to supersede the bill’s provisions. The bill failed passage in the first hearing of the Revenue and Taxation Committee, but will be reconsidered. Anticipated Additional StaffWork to be Completed Prior to returning to Council with some options for consideration, staff will complete the research phase of the assignment. With that information, meetings will be conducted with residents, gardeners, and other interested parties to obtain, feedback on the issues and on the pros/cons of alternatives. Staff will then finalize options and return to Council. Staff anticipates the remaining work on the assignment to take about two to three months, depending upon the input received at the meetings with various groups. When staffretums to Council with options, cost estimates associated with each option will be provided based upon enforcement, as well as any resource impacts to City operations. Attachment A: Attachment B: Attachment C: ,Two-Year History of Leaf Blower Complaints Decibel Level Matrix of Garden Equipment Other Cities’ Leaf Blower Ordinance Matrix PREPARED BY:Don Hartnett,’Lieutenant, Traffic Manager Lynne Johnson, Assistant Police Chief C/vlR:216:98 Page 7 of 8 REVIEWED BY: APPROVED BY: Chris Durkin, Police Chief CMR:216:98 Page 8 of 8 ATTACHMENT A TWO-YEAR HISTORY OF LEAF BLOWER COMPLAINTS Date 12-31-97 12-31-97 12-30-97 12-28-97 12-28-97 12-28-97 12-24-97 12-24-97 12-17-97 12-14-97 12-6-97 12-4-97 12-4-97 12-4-97 12-3-97 12-1-97 11-28-97 11-28-97 11-27-97 11-26-97 11-25-97 11-24-97 Contact Made (CM) or Unable to Locate (VTL) CM CM CM CM CM UTL CM CM CM CM CM UTL CM UTL UTL UTL CM UTL Hundred Block of Possible Leaf Blower Violations 400 block of Forest 400 block of San Antonio 300 block of High 600 block of Homer 700 block of Rosewood 2000 block of Channing 3600 block of E1 Camino Bryant @ Channing 400 block of Kipling 800 block of Middlefield 600 block of Homer 4100 block of Crosby Pl 100 block of Walter Hayes 2700 block of Middlefield 200 block of Waverley 700 block of Arastradero 4100 block of Crosby 900 block of Scott 600 block of Gilman Moana Ct 200 block of Grant 300 block of Curtner 11-20-97 11-20-97 11-07-97 11-04-97 11-3-97 " 10-30-97 10-30-97 10-27-97 10-26-97 10-24-97 10-23-97 t0-20-97 10-17-97 10-15-97 10-08-97 10-6-97 10-3-97 9-30-97 9-30-97 9-08-97 9-25-97 9-24-97 9-24-97 9-23-97 9-22-97 9-19-97 9-18-97 UTL UTL CM CM CM UTL CM UTL CM UTL UTL CM CM CM CM CM CM CM CM CM CM UTL CM CM CM CM 600 block of Bryson 300 block of Forest 4100 block of Baker Birch @ California 400 block of Kipling Bryson @ Middlefield 00 block of University 400 biock of Kipling 400 block of Lytton 1900 block of Waverley Bryson @ Middlefield Sheridan @ El Camino Seale @ Webster 3700 block of El Camino 2300 block of St. Francis 400 block of Kipling 3600 block of E1 Camino 900 block of Waverley 00 block of University 400 block of Alma 500 block of Channing 2200 block of St. Francis 3500 block of Laguna 400 block of Addison 2200 block of Yale 3000 block of Middlefield 2000 block of Oberlin 9-16-97 9-15-97 9-14-97 9-13-97 9-10-97 9-9-97 9-7-97 9-3-97 9-3 -97 9-3-97 8-29-97 8-29-97 8-25-97 8-23-97 8-17-97 . 8-13-97 8-8-97 8-1-97 8-1-97 7-29-97 7-27-97 7-27-97 7-22-97 7-17-97 7-16-97 7-12-97 7-10-97 CM CM" CM CM CM CM CM CM UTL CM CM CM UTL CM UTL CM UTL CM UTL CM CM CM CM CM CM CM 400 block of Lincoln 1500 block of Mariposa 400 block of Guinda 1500 block of Escobita 2300 block of Webster 800 block of Los Robles 4000 block of Middlefield 500 block of Everett Ct Ruthven 100 block of Middlefield 1000 block of Forest 3200 block of Ramona Kipling @ Lytton Curmer @ El Camino 500 block of Everett Ct Webster @ University 00 block of University 3500 block of G-reef ChurChill @ Bryant 300 block of Forest 100 block of E1 Camino 600 block of San Antonio 500 block of Channing 2000 block of Channing 700 block,of Loma Verde 1400 block of Hamilton 300 block of Feme 7-9-97 7-7-97 7-7-97 7-6-97 7-5-97 7-4-97 6-27-97 6-27-97 6-25-97 6-24-97 6-21-97 6-19-97 6-18-97 6-16-97 6-12-97 6-10-97 6-6-97 6-5-97 6-4-97 6-2-97 6-1-97 5-30-97 5-24-97 5-24-97 5-21-97 5-16-97 5-15-97 CM UTL CM unit canceled UTL CM CM UTL CM CM CM CM CM CM UTL UTL CM UTL CM CM CM CM CM CM P~rtola @ Sequoia Torreya Ct 300 block of Lytton 100block of E1 Camino 1900 block of Waverley Forest @ Bryant 3300 block of Middlefield 400 block of Forest 4100 block ofPena Ct 800 block of Lytton 3300 block of Hillview Cowper @ Hamilton " 700 block of Middlefield 900 block of Bryant 2000 block of Oberlin 900 block of Bryant 700 block of Colorado Byron 2000 block of Oberlin 1400 block of Bryant Forest @ Gilman 200 block of Edlee Forest @ Gilman 300 block of Cowper 1700 block of Middlefield 4100 block of Middlefield 800 block of University 5-14-97 5-14-97 5-14-97 5-12-97 5-9-97 5-9-97 5-1-97 4-23 -97 4-21-97 4-21-97 4-18-97 4-15-97 4-3-97 3-30-97 3-27-97 3-24-97 ¯ 3-22-97~ 3-21-97 3-20-97 3-14-97 3-10-97 3-8-97 3-7-97 3 -3 -97 3 -3 -97 3-2-97 3-1-97 CM UTL CM UTL CM CM CM UTL CM UTL CM CM CM CM CM UTL CM CM CM unit CM CM CM CM CM CM CM canceled 500 block of Arastradero 3100 block of Bryant 300 block of Webster 2600 block of Marshall 300 block of Cowper 4200 block of Ruthelma Gilman @ Forest 600 block of High 200 block of Addison 00 block of University 4200 block of Ruthelma 2000 block of Channing 600 block of Glenbrook 3300 block of Hillview 600 block of Gilman 2700 block of Middlefield 500 block of Hamilt0n 400 block of Forest Cowper @ Everett Park @ Edlee Guinda @ Homer , . 500 block of Hamilton 500 block of San Antonio Bryant @ Kellogg 300 block of Lytton 1600 block of E1 Camino 100 block of Cowper 3-1-97 2-27-97 2-21-97 2-18-97 2-14-97 ~2-13-97 1-27-97 1-25-97 1-21-97 1-14-97~ 1-10-97 1-27-97 1-14-97 1-9-97 1-7-97 12-26-96 12-22-96 12-6-96 12.-4-96 12-3-96 11-28-96 11-24-96 11-23-96 11-23-96 11-22-96 11-20-96 11-14-96 UTL UTL CM CM CM CM UTL UTL CM UTL CM UTL UTL CM CM UTL UTL CM : CM CM CM CM CM CM CM CM CM Hamilton @ Cowper 2000 block of Channing Hamilton @ Lincoln 4100 block of El Camino Louis @ Embarcadero Bryant @ Churchill 400 block of Alma Lincoln @ Webster Channing @ Webster Channing @ Cowper Columbia @ Stanford 400 block of Alma Channing @ Cowper Columbia @ Stanford Channing @ Cowper 300 block of Seale 400 block of Forest 3700 block of Wright 400 block of High 3800 block ob Magnolia 400 block of Coleridge 400 block of Hamilton 500 block of Hamilton 700 block of Channing 4100 block of Hubbart 700 block of San Antonio Kingsley @ Webster 11-13-96 11-13-96 11-13-96 11-7-96, 10-31-96 10-25-96 10-24-96 10-24-96 10-16-96 10-12-96 10-11-96 10-11-96 10-9-96 10-9-96 10-9-96 10-7-96 10-6-96 10-5-96 10-3-96 10-2-96 10-1-96 9-27-96 9-26-96 9-26-96 9-23-96 9-21-96 9.19296 CM CM CM CM CM CM CM UTL CM UTL CM UTL UTL CM UTL UTL CM CM CM UTL UTL CM CM CM CM CM CM (eleetrio blower) Forest @ Gilman 4200 block of Pomona Lytton @ Emerson 300 block of Seale 3200 blook of Middlefield 4100 block of Sutherland 600 blook of Glenbrook 3200 blook of Middlefieki Forest @ Bryant Bryant @ Forest 700 block of SuRer 500 block of University Emerson @ Churchill University @ Cowper 400 blook of High 200 block of Cowper 1100 block of Hamilton 500 block of Hamilton Loma Verde@ Middlefield Forest @ GiLman 2200 blook of Wellesley 400 block of Femando 400 block of Femando Hamilton @ Gilman 00 block of University Lot J 200 blook of Alma 9-16-96 9-16-96 9-13-96 9-12-96 9 - 11-96 9-9-96 9-4-96 8-31-96 8-30-96 8-27-96 8-26-96 8-16-96 8-14-96 8-9-96 8-8-96 8-8-96 7-27-96 7-18-96 7-17-96 7-13-96 7-10-96 7-5-96 7-3 -96 7-3 -96 6-30-96 6-30-96 6-24.-96 CM UTL CM CM unfounded CM CM UTL CM CM UTL CM CM UTL CM CM CM UTL CM CM CM CM CM CM UTL CM UTL Hawthorne @ Cowper 400 block of Femando . Sheridan @ El Camino Middlefield @ LomaVerde 400 block of Femando California @ Columbia 100 block of Heather Colorado @ Middlefield 400 block of University 3800 block of Magnolia 400 block of Femando Waverley @ Embarcadero 300 block of Bryant 200 block of High Ash @ Grant 400 block of Grant Oregon @ W. Bayshore 4100 block of Morris 300 block of University 800 block of Hansen 800 block of Hamilton 1900 block of Waverley 1100 block of Parkinson 800 block of San Antonio Hamilton @ Cowper 400 block of Hamilton 900 block of Matadero 6-22-96 6-14-96 6-3-96 5-31-96 5-30-96 5-23 -96 5-23-96 5-22-96 5-19-96 5-17-96 5-16-96 5-14-96 5-13-96 5-13-96 5-8-96 5-8-96 5-7-96 5-6-96 5 -5 -96 5-3 -96 5-3 -96 4-29-96 ~b26-96 4-26-96 4-24-96 4-23-96 4-22-96 CM UTL unfounded CM CM CM CM CM CM CM unit canceled CM unfounded CM UTL UTL CM CM CM CM UTL CM~ UTL CM 500 block of Center Wellesley @ California 700 block of San Antonio 500 block of Lowell 100 block of Emerson College @ Ash Gilman @ Forest 100 block of Heather 600 block of Wildwood Emerson @ University 500 block of Lincoln 400 block of San Antonio 200 block of Univ.ersity 1500 block of Page Mill Middlefield @ Homer 200 block of California 1900 block of Waverley University @ Tasso Alma @ Lytton 2000 block of Channing 1100 block of Greenwood University @ Cowper 600 block of Guinda 500 block of University North California University @ Alma- 700 block of Page Mill 4-17-96 4-16-96 4-11-96 4-1-96 4-1-96 3-28-96 3-25-96 3-19-96 3-14-96 3-12-96 3-12-96 2-29-96 2-26-96 2-22-96 2-14-96 2-10-96 2-9-96 1-25-96 1-22-96 1-12-96 1-10-96 1-10-96 1-8-96 1-6-96 1-6-96 i-6-96 1-5-96 1-5-96 UTL unit canceled UTL CM UTL CM CM CM CM CM CM CM CM UTL CM CM UTL CM UTL CM CM CM CM CM CM CM North California Forest @ Waverley Gilman@ Forest Stanford @ Bowdoin 500 block of University 3200 block of Greet 1400 block of Bryant 400 block of Hamilton Everett ~ Bryant 300 block of Forest 3600 block of El Camino Columbia @ Stanford 700 block of Guinda 2200 block of Park 2200 block of Park 300 block of Curtner 200 block of University Stanford @ Columbia 600 block of Channing 2000 block of Edgewood 2000 block of Bryaut 400 block of Grant 400 block of Newell Castilleja @ Miramonte 1700 block of El Camino 1500 block of California 1900 block of Waverley 3300 block of Alma Company Echo Stihl Echo Echo Echo Stihl Stihl Stihl Stihl Roybi Honda ,Honda Blk-Decker Shindaiwa Honda Sears Echo Model ATTACHMENT B DECIBEL LEVEL MATRIX OF GARDEN EQUIPMENT CFM 388 476 370 382 377 362 Company 50’ dBa rating 74 75 ? 65 n/a rda 69 69 65 PB400E leaf blower BR400 leaf blower PB46LN leafblower PB46LN @ reduced power PB400E (with elbow tube removed) BR320L leaf blower BG75 hand held leaf blower BE55 electric leaf blower BE55 @ ½ power electric leaf blower metal leaf rake on lawn steps HRC216HXA lawn mower HRC216HXA with blade off electric lawn mower T260 line trimmer GX22 line-trimmer .. 01d electric line trimmer CS3400 chain saw (small) 50’ field test 71-78 72-77 7O-73 60-64 73 -79 72-75 62-72 66-68 62-65 61-63 58-60 68 62 62-63 72-76 71-74 60-61 75-82 25’ field test 79-84 82-84 73 -78 68-72 79-84 78-80 73-78 73 -77 70-73 68-73 63 -70 81 72 7O 77-79 77-80 67-70 81-88 3’ field test 91-104 90-100 89-95 85-88 91-104 ¯ 88-98 88-96 89 85 84 75 -82 93 86 81-84 94-98 ’ 92-97 80 99-106 Miscellaneous Noise Source Loud dog barking at approximately 35 feet Voices during city staff meeting City Hall plaza at lunch time Train an’i.’ving at University Ave station measured at 25 feet Car going by on quiet residential street measured at 25 feet Vehicle traffic at Alma & Churchill during heavy traffic Car with bad muffler at Alma & Churchill Inside a quiet house Front porch of above house Back porch of above house (some freeway noise and wind in trees) dBa’s 78-80 55-65 58-65 85-92 65 62-76 81 42’ 43 49 CFM is the cubic feet per minute of air produced by a leaf blower. All measurements were rounded down to the nearest whole number. Field tests were conducted under circumstances that an officer would likely encounter, but do not meet the ANSI testing standards which require the use of a sound room or stadium. All of the tested equipment is gasoline operated, unless otherwise noted. Sound measurements of garden equipment varied based on the four 90 degree turns made by the operator. ° ~.~o TO: City of Palo Alto City Manager’s Report FROM: CITY MANAGER DEPARTMENT: POLICE AGENDA DATE: AUGUST 10, 1998 CMR:341:98 SUBJECT: LEAF BLOWER ASSIGNMENT - SECOND STATUS REPORT In response to a Council assignment to identify and evaluate options for addressing leaf blower noise and environmental issues, staff has continued to conduct research, contacted additional cities that have implemented blower bans, and has held some community outreach meetings to receive input on the options. This report provides an update on the research, includes information received from gardeners and community members about their concerns, ideas and suggestions, and status report on pending legislation. Staff will return to Council soon after Council’s vacation with specific recommendations. CMR:341:98 Page 1 of 7 This is an informational report and no Council action is required. This report provides additional information on the Council assignment to evaluate options for addressing leaf blower noise, to.review environmental issues, and to get community input On potential impact associated with options. Specifically, this report includes updated information on pending legislation, experiences of additional cities that have banned blowers, and the process used and opinions obtained fi’om the community. Staff anticipates agendizing the item for discussion and action at the Policy and Services Committee meeting of October 6. Due to the interest level on this issue, staffwill include the third staff report in. the Council packet soon after the Council returns f~om vacation in order to allow for wider and timely distribution. DISCUSSION Staff has conferred with several other cities regarding their enforcement of leaf blowers. Contact was made with the Cities of Piedmont, Lawndale and Del Mar. The City of Piedmont implemented a ban on fuel-powered leaf blowers in 1990. One problem it has encountered is that gardeners use gas-powered generators forthe electric blowers that are as loud and create as many pollution problems as leaf blowers. Del Mar adopted its ordinance banning portable, gasoline-engine blowers in 1989. Its ordinance is enforced by code enforcement personnel and they respond to 15-25 complaints a month. Lawndalejust enacted its ordinance one year ago. They allow homeowners and gardeners. with a business license to operate electric blowers. Its code enforcement officers enforce the ordinance and respond to about six complaints a week. Due to the fact that over half of the cities that have banned leaf blowers are much smaller than Palo Alto and as a result usually do not have large commercial and industrial areas, numerous city facilities/properties or vibrant downtowns, staff has contacted some of the larger cities to determine how they deal with the cleanliness issues in these areas without leaf blowers. CMR:341:98 ,Page 2 of 7 Since adopting its ordinance, the City of Los Angeles has received so many complaints that it is in the process of adopting another ordinance that would give its code enforcement personnel enforcement authority, as significant police officer time has been spent in dealing with the number of complaints. The City of Los Angeles has also allocated $1 million to its Department of Water and Power to develop a battery-operated prototype leaf blower that is quieter and as powerful as gas-powered blowers. Because city workers use brooms, many areas of the city are not cleaned as oiten. Due to its concern about the cleanliness of surfaces such as tennis, basketball, and volleyball courts, additional efforts are made to keep them clean to ensure safety and to protect the city from increased’liability claims. The City of West Hollywood has used general relief workers who are on unemployment and welfare to perform some of the extra manual labor that was needed when its ordinance became effective in 1984. The cleaning of the city’s large parking lots is contracted out and the associated costs have increased, but actual figures were not available. In response to the City of Menlo Park’s ban, a petition drive to put the issue to the vote of the people was successful and it will be included on the November 1998 ballot. The San Mateo County Board of Supervisors recently adopted a resolution that prohibits use of any polluting garden and utility equipment by any County department or independent contractors working for the County on "Spare the Air Days" or other days that the Bay Area Air Quality District requests the public refrain from engaging in polluting activities. Attachment A provides an updated list of cities that have banned leaf blowers. Senate Bill 1651, that Senator Polanco introduced in February 1998, died in the Senate Appropriations Committee due to the language that required the State Department of Consumer Affairs to provide for certification of blowers. However, Senator Polanco has amended Senate Bill 14,’which 0dginally dealt with jury service, and substituted leaf blower language in this bill. Senate Bill 14 had already passed the Senate with its original language and is currently pending in the Assembly. If passed, SB 14 would: prohibit cities from establishing noise limitations on leaf blowers .emitting noise levels of 65 decibels or less at 50feet; prohibit cities from regulating leaf blowers except between 6:00 p.m. and 8:00 a.m. on weekdays and 5:00 p.m. and 9:00 a.m. on weekends; allow cities to regulate the manner and use of leaf blowers used to blow debris into sidewalks or gutters; require leaf blowers used commercially alter January 1, 2000 to be tested and certified by an independent testing facility; and allow cities to adopt more stringent requirements on the hours or manner leaf blowers may be used only through a ballot initiative approved by the majority of the voters. Staff will continue to track this legislation. CMR:341:98 Page 3 of 7 Staff has received information regarding associated pollution issues from the California Environmental Protection Agency Air Resources Board (CEPARB), the Environmental Protection Agency (EPA), the Bay Area Air Quality Management District, the Sacramento Metropolitan Air Quality Management District, and the South Coast Air Quality Management District. The EPA initially adopted Tier I emission standards for utility engines (engines used in lawn and garden equipment) in 1990 that were to have became effective in 1992. However, due to a petition filed by the utility engine industry, the implementation of the standards did not begin until 1995. Tier II standards were originally scheduled to become effective in 1999; the implementation of those standards.has been delayed until 2000. Under the Tier II regulations, the emissions of hand-held equipment will be reduced by about 70 percent from the 1995 standards. Attachment B details the difference in standards between the 1995 and 2000 regulations. Estimates developed by the CEPARB some years ago revealed that the amount of particulate matter that is emitted from a leaf blower is equivalent to the surface dust that might be caused by the wind blowing on a paved road or about five pounds an hour per leaf blower. They also noted that leaf blowers are frequently used to clear paved areas such as driveways, parking lots, etc., and thus become "dust" blowers. In a 1991 report, the CEPARB concluded that particulate matter can cause serious health problems, especially pulmonary and respiratory problems. The California particulate matter standard that was adopted in 1982 is 50 micrograms per cubic meter in a 24-hour period. The national-24-hour standard, adopted in 1987 (EPA is currently revising), is 150 micrograms per cubic meter, not to be exceeded more than once per year averaged over three years. While most particulate matter is emitted from motor vehicles, off-road engines or engines used for lawn and garden equipment, including leaf blowers, are responsible for a certain’portion of this pollution. However, the EPA and CEPARB do not single out leaf blowers as offenders, but include all fuel-powered lawn and garden equipment such as mowers, chain saws, edge trimmers, etc. EPAdocuments acknowledge that hand-held equ!pment is primarily powered by two-stroke engines because, unlike a four-stroke design, twO-Stroke engines have more operational capability and are significantly lighter than four-stroke engines. Two-stroke engines, however, emit higher levels of hydrocarbons, carbon monoxide, and particle matter. The EPA has also recognized the industry’s progress towards lowering emission levels is ."significant" and is being accomplished through relatively simple engine modifications. As a result, the CEPARB concludes that the industry is on schedule with its research and development efforts that will bring them into compliance with the Tier II standards. CMR:341:98 Page 4 of 7 Communi _w Outreach/Response After receiving considerable information from other cities and based upon staff research, seven options were presented as a basis for the community outreach meetings: 2. 3. 4. A ban on all types of leaf blowers. A ban only on fuel-powered leaf blowers. A ban on the use of leaf blowers except in industrial parks and commercial areas. Further restrictions on the hours of the day and days of the week they are currently allowed. An ordinance permitting the use of leaf blowers that are certified that they cannot be operated at higher than 65 decibels at 50 feet and that are permitted by the City for use in Pal. Alto.~ An ordinance allowing leaf blowers to be used only by private citizens on their own property. No changes to the current ordinance. At each of the meetings staffhas conducted with the various interested groups, feedback on the issues and the pros/cons of options have been obtained. Some additional ideas that were presented at the meetings include: The use of leaf blowers on "Spare the Air Days." Dividethe City into districts and allowing leaf blowers to be used in districts on certain days of the week. Conduct more educational outreach to leaf blower users on" proper use. Regulate leaf blower use based upon duration of time used (e.g., 15 minutes in an hour). Use mediation to settle issues between nsers/complainants. Staff. has met with" representatives from Echo Corporation, the largest manufacturer of commercial leaf blowers in the Country. Additionally, information from other manufacturers has been collected. On June 10, staff held a meeting that was attended primarily by gardeners and landscapers. Twenty-one people attended that meeting. The in’st generalI community meeting was held on June 17. Community members were notified of this meeting in several ways. Letters were sent to each neighborhood association and to over 70 people who had voiced opinions via letter, e-mail, telephone or oral communications at Council meetings. A notice was included in the City’s.Web page and a press release was issued. Twenty-six people attended this meeting. Another community meeting was held on July 15. Stuff especially invited residents and business owners who hired gardeners who used leaf blowers, as this was one segment of the community that staff had not heard from. CMR:341:98 Page 5 of 7 Twenty people attended this meeting, seven of whom had attended one of the previous meetings. Attachment C provides the unedited responses received at each of the meetings. The opinions and perspectives about the use of leaf blowers and the appropriate course of action in dealing with them are varied. Some people have very strong feelings that the only alternative is to totally ban leaf blowers due to the noise and pollution issues. Others have strong feelings that blowers are a necessary tool to help keep the community clean. There is general consensus that whatever regulation/option is selected, it needs to be easy to understand and enforce, and that the City should adhere to the same regulations as homeowners; gardeners or businesses. Additional Staff Work to be Completed Staffis finalizing the research phase of the assignment and in the process of determining cost impacts to the City for the various options. Additionally, using all the information obtained from the community outreach, staff will develop recommendations for Council consideration. In order to provide a wide and timely distribution of the staff report containing recommendations to interested community members, staff will agendize the item for referral to the Policy and Services Committee once the Council returns from vacation and agendize the discussion at the Policy and Services Committee meeting on October 6. RESOURCE IMPACTS Staff is still in the process of estimating costs associated with the options. Attachment A - Revised List of Cities Who Have Banned Leaf Blowers Attachment B- EPA’s Hand-Held Equipment Emissions Standards Attachment C - Unedited Responses From Community Meetings PREPARED BY:Lyrme Johnson, Assistant Police Chief CMR:341:98 Page 6 of 7 REVIEWED BY: APPROVED BY: P~ICK DWY~R ~- POLICE CHIEF .. MANAGE .~ CMR:341:98 Page 7 of 7 ATTACHMENT B EPA’s HAND-HELD EQUIPMENT EMISSIONS STANDARDS Year Displacement HC O,, , , ........NOx PM 1995-98 Less than 20c.c 220g/bhp-hr 600g/bhp-hr 4.0g/bhpohr n/a 20cc - less than 50~180 600 4.0 n/a 50cc and greater 120 300 4.0 n/a 2000 All 50 130 4.0 .25 HC - Hydrocarbons CO - Carbon Monoxide NOx- Oxides of Nitrogen PM - Particulate Matter g/bhp-hr - grams per brake-horsepower-hour ATTACHMENT C Complete ban on all leaf blowers. None given would take more time to do the work increase costs to customer/City vacuums won’t work (corners) no economic equivalent quality of work suffers aesthetic degradation increase in repetitive motion injuries raking disturbs top soil; causes soil erosion arbitrariness: doesn’t take into account needs of all parties; quality of life for everyone precludes advancement of technology to resolve noise issues newer equipment is much quieter more homeowners can have a beautiful garden with use of blowers increase in requestluse of gardeners - seniors clients opted for less services when prices would increase 3rd party intervention is the problem - should be between client and gardener Ban on only fuel powered leaf blowers. ~rJ;~: None given in 1.5 years, everything we know.about 2 stroke engines will change doesn’t take into account new generation of technology generators aren’t GFI equipped - result - safety issues electric blowers designed for homeowners use commercial use - only 2 months double noise issue - blower and generator requires 2 people - one to handle cords and one to use blower trip hazards created by cords (electric blowers) pollution still occurs - uses power electric shock PrOblem lack of access to plugs can be just as loud ~ hatchet approach Allow leaf’ blower use only in industrial parks or commercial areas. ~LO~: None given some types of commercial areas require quiet mixed use becomesan issue double .equipment needed for gardeners who commercial enforcement could be an issue do both residential and o Further restrict the hours of the day and days of week leaf blowers may be operated. (e.g. 10 a.m.-4 p.m., Monday-Friday) better than ban when tube requirement added, this solves the complaint problem (San Mateo) would beat peak hours for commercial some clients prefer work done on weekend gardeners need to work eight hours use on Saturday~ use on Sundays isn’t significant; they do work holidays Allow leaf blowers that cannot be op.erated at higher than 65 decibels as certified by manufacturer at 50 feet and require permits issued by the City.. Hilisborough uses this would assist in recovery/identification of stolen blowers would eliminate use of older units easy to enforce training could be mandatory would help drive technology some people might not maintain their equipment 65 dba now, few years 60 dba companies (responsible) put down safe mulch more particulate matter disturbed by vehicles QP.tJgJ3_~:Allow use of leaf blowers only by private citizens for use on their own property. ¯Gardeners could sell their old blowers o ° o 0 problem for gardeners most people in Palo Alto have gardeners discriminates between homeowners would tend to be noisier - older equipment o 1 week 15 minute use compared commercial use noise level could ,go up if more homeowners used, especially Sundays ~: No change to current ordinance. o ° o o Hillsborough uses this would assist in recoverylidentification of stolen blowers would eliminate use of older units easy to enforce training could be mandatory would help drive technology manufacturers won’t be inclined to solve problem hard to enforce continued levels of complaint . doesn’t resolve issue if state passes legislation, current ordinance couldn’t be used Other Ideas divide City into districts - only allow use on certain days in certain districts to coincide with garbage pick up days would assist in education; some commercial clients have offered to provide space 63% gardeners 2-5 employees; 21% gardeners 5-10 employees; 5.3% gardeners’25 + employees they are willing to .work with City key is training on operation of blowers taking leaf blower away from trade is equivalent to prohibit electric vacuums in house cleaning weather causes back-ups people see constant blower use all day long would rather work .with reasonable restrictions than not work at all example: MP ban = he raised rates - lost 11 clients; these clients hired others who do less quality work; 15o30% increase in fees -another lost 7 clients vacuums also disturb air - dust brooms kick up dust dust/particles accumulate without blowers - becomes issue with wind force manufacturers to give training 50-60% belong to organization; is increasing ¯ multi-language handouts for training Brands of Leaf Blowers ¯Echo - newer models are heavier o Stihl- 320L ¯Red Max ¯Astron ¯Shindawa Qg.tJg1Lt~: Complete ban on all leaf blowers. annoyance to bicyclists as debris blown into streets budget only option that addresses problem of pushing debris from one place to another 20 other cities have a ban - no cost increases easy to understand easy to enforce removes noise, pollution issues associated with blowers - addresses health problems would put pressure on industry (garden equipment, not just blowers) o o unless PA bans them like other adjacent cities,. PA will become a mecca for blower use only totally pollution-free option blowing removes valuable topsoil/mulch alternatives provide more exercise, more jobs less risk to gardeners more fair as neighbors aren’t disturbed have proven effective in other communities 0 O O 0 would remove a useful tool from gardeners all tools have a cost associated with them people on limited income would have a hard time affording gardener service is arbit.rary singles out one tool ¯2 stroke engines the-problem O_otion #2: Ban on only fuel powered leaf blowers. o o -o o PoSsibly quieter good compromise, better than no ban at all reduced fuel emissions have proven effective in other communities best electric blowers are cheaper than gas powered dust still gets blown around electric blowers can be just as noisy still removing organic topsoil generator noise can be very loud still have impeller that creates noise shock hazard in wet areas still could be hard to enforce as people can’t differentiate between noise of gas vs electric takes less time with gas powered so noise isn’t heard for as much time if you water surface prior to blowing, only leaves get blown battery powered electric broom is quieter Allow lea~ blower use only in industrial parks or commercial areas. P_r_~: None given discriminatory based upon areas mixed use, people live in commercial areas even workers deserve peace and quiet noise could result .in loss of worker productivity often encourages use in very early or late hours Further restrict the hours of the day and days of week leaf blowers may be operated (e.g., 10 a.m.- 4 p.m., Monday-Friday). None given unenforceable stiil impacts sleeping babies, people who work at home, seniors, ill people would concentrate emissions/noise into shorter periods - more harmful still have noise, pollution unfair to those at home would be unfair to residents who do their own work on weekends Allow leaf blowers that cannot be operated at higher than 65 decibels as certified by manufacturer at 50 feet and require permits issued by the City. based on noise standard, not on single piece of equipment could provide an educational component (could track # of complaints to revoke if too many) o o o certification by manufacturer is like fox guarding hen house noise level still too high some lots only 50’ wide still takes time to enforce ¯ hard to measure leaf blower annoyance in decibels - pitch the issue cost of administration, issuance of permits dust pollution still a problem not a good use of police resources Allow use of leaf blowers only by private citizens for use on their own property. ¯would result in overall less leaf blower use unenforceable - proof of ownership still creates noise, dust, emission problems could result in neighbor conflicts could put some gardeners o~ut of work ~: No change to current ordinance. None given use all comments from other options police Officers don’t always have noise meters would cause more irritation would make it difficult to deal with other noise issues has loophole of alternate fuels °begs question on how it is enforced ¯Ordinance might not bethe problem, but enforcement of it Other ideas San Mateo County -county operated equipment -not allowed to use on =spare the air" days -adopted purchasing guidelines covers county contractors Educational outreach needed Mediation could be an option .Regulate by duration of noise (time used - e.g., 15 rain in an hour) needs to be evaluated in context of all noise, e.g., Caltrain, highway would like to see the complaints info mapped - may not be a problem in all neighborhoods decisions shouldn’t be based just on the # of complaints - some people don’t complain ask the question - what are leaf blowers trying to do current ordinance ha’rd to enforce gardeners who don’t use leaf blowers are efficient and effective if Council bans blowers for residents, should ban for City use people who use blowers (City workers in parks) wearing hearing protection noise harmful to especially children - police enforce all sorts of bans, illegal activity use of police to enforce noise not a good use responsibility should be on homeowners who hire gardeners who use leaf blowers LA green card - English and Spanish use water instead people can chose to pay more or. have reduced level of cleaning Leaf Blower Meeting - July 15, 1998 Complete ban on all leaf blowers. More gardeners would be needed so more gardeners would be employed. Conflicts with peacefulness associated with =gardens." is enforceable, Promotes clean/healthy air. More peaceful community. Protects gardeners. improves quality of life. Helps people who work at home; noise affects productivity. Two cycle engines add to global warming. . In downtown areas, businesses get dirty, cars get dirty with dust blown up. Experience of cities who have banned no increased rates/less pollution.. Used to clean sidewalks, lots, not just yards. Increases liability for land owner. Ban in commercial areas would increase maintenance costs, cost to land owners/tenants; rents would increase. May result in lawsuits to City by employees due to injuries. Commercial properties would be impacted more as they have larger problem. People working at home who object could lead to cost increases for everyone. Blowers rhelp to’get rid of dust and have it carried away by gardeners. Ban on only fuel-powered leaf blowers. Would eliminate gas emissions. Makes a hum, not a screech; more palatable. Cost to gardeners is less for equipment/maintenance. Air pollution still a problem healthwise. Top soil disturbed in yards. Electric blowers can be louder or as loud. Pollution created through use of electricity. Risks when used around pools, water, tripping. Requires two people to work cord and blower. Hazard on larger properties with extension cords; some homes don’t have electrical outlets. Generators are noisy (used for electric). Units used by gardeners are just as costly as fuel powered. Allow leaf blower use only in industrial parks or commercial areas. Would allow for cost-effective cleaning of large areas. For commercial properties, they are economic necessity. Not fair to adjacent residential neighborhoods. People in businesses need quiet too. Puts out even more air pollution. Harm to user of equipment. Issue of mixed use would pose a problem. People on fixed incomes may not be able to afford gardeners. Increased costs for some users. Hard to enforce. Further restrict the hours of the day and days of week leaf blowers may be operated (e.g.o 10 a;m. to 4 p.m., Monday through Friday). Alternative:Prohibit Saturday-Sunday-Federal holidays for commercial use. Should. apply to the City of Palo Alto. Better than complete ban. Nurses, police officers sleep during the day - would help them. Unfair to people who work at home. Still hard to enforce. . Increased costs due to decrease in working hours without any real benefit. Unfair to everyone at home - more people work at home. Most complaints come in early in the morning. Allow leaf blowers that cannot be operated at higher than 65 decibels at 50 feet and require permits issued by the City. There are different skill levels for gardeners. Some don’t know how to properly use. Education component would change this. Would keep prices down. Easier to enforce as only a few blowers would qualify. ¯Not workable - people will ignore. Allow use of leaf blowers only by private citizens for use on their own property. ~j:~: None given Unfair - neighbor might have old noisy blower. Unrealistic as many residents hire gardeners. J~.gtigJ:~: No change to current ordinance. ¯No change would be simple. °,Vast majority of residents don’t complain. All cons from other options. NOt working now., Other Ideas A. Divide city into,zones - use 0nly one day in a zone. °Coincide with trash pick up. Scheduling difficulty for gardeners People who live on border of zones would get two days a week. B.License all gardeners beyond business license (state or local). Would have ¯educational requirements; require certain number of hoUrs of schooling end mandate membership in professional association. Would raise competence level of gardeners. Would need to be a state license so gardeners don’t have to have multiple licenses. Not practical. Difficult for independents. Alternatives to leaf blower could also have some air pollution problems. We don’t know how much particulate matter is stirred up in air in Palo Alto with blowers. No one talks about banning lawn mowers and they make just as much noise. Some places in town have different levels of use - 20 times in 5-day period. Mixed use in city would be hard to differentiate between residential/commercial. NOt used just for leaves. Tighter hours, more stringent limits, stronger~enforcement would help. Each option should be reviewed closely on enforceability. Enforcement should not pit neighbor against neighbor. Gardeners should be paid more if they don’t use blowers. Study needs to be done to see difference in air pollution between fuel/electric -powered. When compared to trucks, planes, cars, leaf blowers not a real issue. Blowers help to keep city beautiful. BeauS/disturbed. Abuses should be handled by neighbors/gardeners association. OSHA requires respirators/hearing protection for users. Consideration for other people must be considered. There are different skill levels of users, Leaf blower has been singled out to be banned - there must be a reason. Leaf blowers benefit the few at the expense of many.