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HomeMy WebLinkAboutStaff Report 281-05" I·· have been prohibited in residential areas after July 1, 2002. Finally, City crews would be prohibited from using fuel-powered leaf blowers in residential areas. In 2002, the City Council again amended Chapter 9.10 of the Palo Alto Municipal Code, deferring the prohibition of the use of combustion-fueled blowers in residential areas until July 1,2005. The amendment was based upon the belief that leaf blower manufacturers would be able to enhance technology enough to reduce the issues of noise generation and gas emissions during that time period, would potentially develop a battery-powered blower that would meet the needs of commercial gardeners and that the prohibition of leaf blowers in residential areas would result in a substantial financial impact on the City's Community Services and Public Works Departments. The current ordinance is due to sunset on July 1, 2005. At that time, unless Council directs otherwise, the use of gas-powered leaf blowers in residential areas by any person, (commercial gardeners, City staff and crews, and residents) will be prohibited. Due to the complexities of the issues, staff is requesting that the Council provide policy direction for a revised ordinance and in order to allow for public discussion on the potential revisions, extending the current ordinance until December 31,2005. DISCUSSION Environmental Issues There are three environmental issues associated with leaf blowers: noise levels, gas emissions and particulate matter. Gas Emissions -To date, most of the requirements have dealt with the reduction of gas emissions. The Federal Environmental Protection Agency (EPA) Phase I and II standards basically require manufacturers to build cleaner engines that will not degrade and release more emissions as they age. Manufacturers are required to conduct in-house testing of engines to prove that the engine's performance meets the standards. In essence, EPA is encouraging engine manufacturers to design new and improved uses of automotive-style overhead-valve (OHV) technology in non-hand-held engines. EPA's hope is to reduce emissions, as well as improve durability and fuel economy. The California Air Resource Board (CARB) submitted a report in January 1999 to the State Legislature that summarized the potential health and environmental impacts ofleafblowers and also provide recommendations for alternatives to their use and/or development of additional standards to which manufacturers are to adhere when developing new equipment. CARB recommended that manufacturers develop technologies that would ultimately reduce the amount of fuel delivered to the combustion chamber for four and two stroke engines. CMR:281:05 Page 3 of 13 CARB's phased approach is a three-tier plan to reduce gas emissions from engines in the 20 to 50 cc displacement range. Tier I, which ran from 1995 to 1999, permitted 230 grams of emissions per kilowatt. Tier II, which ran from 2000 until this year, reduced the grams per emission to 72. Tier III, which started this year, requires emissions to be reduced to 50 g/Kwh. Attachment A lists those manufactures that presently produce 2005 Tier III engines as listed by the CARB. Particulate Matter -There has been a great deal of research done by the CARB and the American Lung Association of California regarding the issue of particulate matter. Air pollution levels in California have improved tremendously within the last few decades due to the aggressive controls on vehicle industry and power tool manufacturers. However, CARB and the American Lung Association believe Californians are still being exposed to a significant amount of particulate matter from a wide variety sources. CARB and the American Lung Association of California report particulate air pollution contributes to cardiac illnesses, respiratory illnesses and cancer. The number of premature deaths linked to particulate matter generated from a wide variety of sources are comparable to deaths from traffic accidents and second-hand smoke. Hospital admissions, emergency room visits and asthma attacks have increased over the years and population-based studies have linked particulate matter as the cause. While particulate matter is still being researched, specific regulations and andlor recommendations have not yet been developed by CARB or the EPA. Noise -While the technology is slowly improving in this area, significant progress still remains to be made. Over the last 20 years, noise levels of blowers have decreased from 90 decibels (dBA) to today's standard of 65 dBA. One manufacturer has developed a blower that is rated at 60 dBA. In 2002, staff determined that the Los Angeles Department of Water and Power was aggressively worked towards developing a portable electric leaf blower that would be suitable for use by commercial gardeners. In 1998, they contracted with AeroVironment, Inc., which specializes in new technology development, to assist in prototyping and designing a new leaf blower. Last December, the Los Angeles Department of Water and Power contracted Giltronics Associates, Inc., to make the transition from prototype to mass production ofleafblowers. The new leaf blower requires no power cord, weighs approximately 10 pounds less than a gas- powered blower and is less than 65 dBA. According to the specifications, the energy source is a nickel metal hydride battery pack that operates for approximately 45 minutes at 344 cubic feet per minute. Currently, the Los Angeles Department of Water and Power has solicited interested manufacturers through a "Request for Proposal" process, which ended April 22, 2005. Battery-operated leaf blowers being produced by most manufacturers, however, have their own problems associated with the handling and disposing of batteries, excessive weight, and poor performance compared to gas-powered models. There are battery-operated hedge clippers and light duty string trimmer models, and within five to ten years, technological advances may make this CMR:281:05 Page 4 of13 creates substantial nOIse Issues, not to mention even greater gas emISSIOns that gas-powered blowers. Many of the electric product manufacturers do not furnish dBA ratings. Those that do range from 64 dBA to 69 dBA. A lot depends on the power of the blower itself. The more power, the louder the motor noise and the noise of the air flow coming out of the tube. 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 clean 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. While the use of water usually does not create air pollution problems, water is a scarce resource that should not be wasted, especially during drought years. This method creates the situation where particular matter is washed into the Bay, which could be considered unhealthy to the environment. Other Tools -The Green Machine has been a useful tool in helping to maintain cleanliness in Palo Alto's downtown area but it has it 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. Other Cities' Experience Cities develop regulations according to their own specific needs and factors such as 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 ensunng compliance to the regulations. Some cities do not regulate the use ofleafblowers at all. While a number of cities have banned leaf blowers, staff has determined that the enforcement ranges from minimal to none at all. Many cities in Southern California have banned the blowers. However, there is minimal enforcement due to the lack of resources available to conduct enforcement. Many manufacturers mentioned the sales of gas-powered leaf blowers increased in Southern California over the last several years, which tends to support the lack of enforcement efforts. The majority of the cities in Santa Clara County allow the use of both gas-powered and electric blowers, but they may be operated only during specific hours and on specific days of the week. Attachment B provides a matrix of other California cities regulations on leaf blowers. Currently, in Santa Clara County, Los Altos is the only city to ban gas blowers. Los Altos has a system that allows citizens to mail in information about potential violators. Once the information is received by the Police Department, a warning letter is sent to the home or business owner where the potential violation took place. After two warning letters are mailed, Section 11.10.060 of the Los Altos Municipal Code is used, if needed, for compliance. This section makes it unlawful for any person or entity to maintain, create, cause or permit a public nuisance. Failure to comply may CMR:281:05 Page 6 of13 ,1 ., some cases no response, to cold theft cases, non-injury accidents, other noise complaints, etc. that have heretofore been handled by CSOs. Community Outreach Staff conducted two publicized open forum meetings to seek community input. The first meeting was held on April 7, 2005, and was specifically intended to obtain comments from gardeners, landscapers and other individuals who use leaf blowers as part of their daily job. Approximately 100 professionals attended the meeting. All of the individual gardeners and those representing larger organizations were unanimous in their strong recommendation to retain gas-powered leaf blowers. For them, gasoline-powered leaf blowers are critical tools necessary to getting the work done in an efficient and timely manner. The ban of gas-powered leaf blowers would require sizable cost increases to customers for the same service. Individual gardeners would no longer be able to maintain the same number of clients as the time to complete each job would be doubled. Many spoke of the quietness and clean burning nature of the newer gas-powered leaf blowers. On April 26, 2005, a second meeting was held to seek input from residents and business owners. Approximately 80 to 90 people attended, the majority of which wanted a total ban on leaf blowers, gasoline and electric. Many complained about noise and the exhaust emissions the blowers produced and how they were detrimental to the environment and people's health. Others expressed concern about the airborne particulate matter. Some speakers suffer from severe allergies and asthma and explained how leaf blowers create unhealthy air quality which exacerbates their condition. The overwhelming majority of those who spoke against the continued use of leaf blowers were residents who, for various reasons, are normally horne during the day and therefore are more routinely exposed to the negative impacts of leaf blower use. As mentioned previously, another frustration raised by residents is the seemingly futility of calling the police to report violations. Some spoke of firsthand experiences about calling the police, only to observe the gardeners leave prior to the officers' arrival. Their experience has resulted in their not reporting violations any longer. A few of the speakers indicated that they did not report leafblower violations because they did not want to "bother" the police or take them away from more important concerns. These meetings and related publicity and news coverage generated numerous other e-mails, letters and telephone calls from community members, gardeners, and business owners. The opinions expressed have been comparable to the meetings: residents tended to support a leaf blower ban or far greater restrictions, and gardeners emphasized the tremendous hardship a ban would create and pointed to the quietness and efficiency of the newly manufactured leaf blowers as an amicable solution. Some residents, however, have expressed a desire to not go forward with the ban. Bay Area Gardeners' Association CMR:281:05 Page 8 of 13 • The quality of life concerns raised by residents associated with noise, particulate matter, exhaust emission and topsoil damage would decrease. • Enforcement ofleafblower violations would be more straightforward, in that operational noise measurements, proof of gardener certification and equipment compliance verification would be eliminated. Cons: • Most likely would result in sizable cost increases to customers for the same service. Individual gardeners would need more employees or longer periods of time to complete the same job sites. Gardeners have informed staff that without leaf blowers, the time to complete each job is doubled. • Residents would also be prohibited from using leaf blowers .. • Apartment complex owners and association-governed complexes would more than likely pass added maintenance costs on to tenants. • Absent the use of leaf blowers and the convenience and ease of cleanup they afford, there is a possibility that the amount of homeowner debris being picked up disposal would be lessened, consequently there are additional concerns regarding the impact to storm drains and flow to Bay. • Residents not cleaning up the sidewalks and gutters can be expected. Residents and their contractors would no longer be blowing out under parked cars leaving additional debris to eventually find its way to the storm system. • There will be significant costs to continue maintaining City parks, open space and public works projects • Initially, staff believes there would be an increased number of calls-for-service and a higher expectation of timely enforcement of leaf blower violations. 2) Prohibit the use of only gas-powered leaf blowers in residential areas: Pros: • Exhaust emissions and use of fossil-fuels would be reduced. Cons: • Many of the commercial grade electric blowers produce a higher pitched noise level which some believe to be more intrusive that the newer combustion-powered blowers. • The use of gas-powered generators, which produce higher noise levels and significant gas emissions would increase. CMR:281 :05 Page 10 of 13 • Since City crews would be allowed to operate in residential areas, those citizens who live in and around these areas would still be impacted by the noise, exhaust emissions, and damage to topsoil as propagated by City equipment or City contractors. RESOURCE IMPACT Depending upon Council's decision, costs associated with maintaining the current level of cleanliness in City parks and facilities in residential areas would increase to approximately $1,123,700 annually (Attachment C). Since the City's costs are anticipated to double, it can be anticipated that homeowners' costs would increase by a commensurate amount. The cost of a dedicated CSO is $76,682, which includes salary and benefits. POLICY IMPLICATIONS This will be dependant on the decision the City Council makes. ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act (CEQA) as it restricts the use the leaf blowers for environmental protection purposes. ATTACHMENTS CMR:352:99 CMR:139:99 CMR:120:00 CMR:202:00 CMR:265:02 Attachment A: Attachment B: Attachment C: Attachment D: CMR:281:05 CARB Tier III Complaint Manufacturers List of Certified Small Off-Road Engine List Summary of Other City Ordinance Projected City Costs Ordinance Page 12 of 13 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 pennitted for use by the City of Palo Alto may be operated in the City; 2) 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 th~ California air quality standards, and are rated at 62 elBA 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 ofleafblowers would be prohibited on Sundays; 7) the blowing of debris onto adjacent properties would be prohibited; 8) 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 infonning them of the violation. If a leaf blower operator receives two citations, the pennit 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 IS ordinance to cover the costs needed to implement the· program. BACKGROUND In January 1998, Council directed staff to 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 blow~rs, and to provide infonnation 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 infonnation about what other cities are doing, monitored local and state legislative activities, and perfonned noise level tests on equipment. The two status reports provided to the Council during the.year (CMR: 216:98 and 341:98) contain considerable information that is not repeated in this report. This report provides updated infonnation 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 oflabor using a leaf blower compared to CMR:139:99 Page 3 or18 five hours for sweeping. In 1997, the City of Santa Barbara conducted its own study comparing times needed to clean parks with leafblowers 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 leafblower 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 ofleafblowers in its city, 'the city detennined that the time needed; to conduct the cleaning of its parking lots and other city facilities without the use ofleafblowers 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 58-60dBA 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 ofleafblowers 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 le~fblower. 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 clean 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. Staff recently 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 ofl8. ') \. Department personnel, was found to be slightly higher. It is quieter, however, than the Echo PB46LN which is rated at 65 dBA. • The Maruyama BL4500 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 engmes. Staff was interested to learn that although more leafblowers are sold in California than in any other state in the Country, manufacturers ate 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 .. Types 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 acc~table for ensuring compliance to their regulations. Some cities do not regulate the use ofleafblowers 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 fonn imposed by cities and are based on the premise that leafblower 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 or18 I Ordinances using only time of day/day of week restrictions are fairly simple to enforce in that it is obvious whenthe blowers are operated. Noise Levels -Some cities regulate the use ofleafblowers based upon noise levels. These types of regulations address one of the major complaints about leafblowers 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 comniercial areas. As an example, Los Gatos allows use ofleaf 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 .~nytime 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 tiot uncommon to have distance requirements of 1'00 or 200 feet from residential zones. Those agencies who h~1Ve 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 ~ans 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 Pagc; 7of18 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 faiily easily convert them to methane or other fuel-powered devices. Educational Approach -Some cities use ordinances predicated on the concept that individual rights 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 ofleafblowers 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:I39:99 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 employe~ of the local school district, who were charged with violatinKthat 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, st~ffbelieved 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 recently 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 or18 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,. Aero Vironment Incorporated . conducted a study for the South Coast Air Quality Management District to detemline the amount of respirable dust (PM-I0) produced by leaf blowers. At that time, it estimated that PM-I0 emissions from leaf blowers contributed to about 1 percent of the total emissions in the Los Angeles area. It acknowledged, however, thai it considered this a conservatively . high estimate that was based upon assumptions and unvalidated information. While it is obvious that leafblowers 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 leaf blower complaints, an iilcrease of30 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 ofleafblowers 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 of18 Another problem with enforcement of-the 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 left, has stopped using the blower, or has changed the throttle level of the blower. Without additional'information by an actual witness, enforcement is extremely difficult. As noted in a prior staff report,th~ average amount of time spent on leaf blower responses is about 30 minutes. 2. Complete ban on all leaf blowers -Staff does not recommend this alternative for several reasons. As discussed previously, if a ban onthe use ofleafblowers 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 if a ban were implemented. Staffhas conferred with representatives of the Palo Alto Unified School District. and determined that some years ago, it was forced' to reduce its gardening staffby 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 alternatives of increased costs or accepting a lower level of cleanliness. While staffhas been unable to fmd 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. 3. 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 of18 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 staffwould 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. 6. ' 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. 7. 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. Btaff 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. Staff believes that with the extra work load associated with the issuance of permits for leaf blowers, the provision of proactive 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, staff would 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 Uniforms/equipment Supplies, education materials, permits Total CMR:I39:99 $40,000 $ 3,000 $ 3,000 $46,000 Page 16 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 .. ATTACHMENT B· SUMMARY OF OTHER CITIES' ORDINANCES (NON-BANS)' CITY ADOPTED ORDINANCE TIMES DAYS DECIBEL DESIGNATED CITY ADDITIONAL COMMENTS SPECIFIC OFDAY OF LEVEE AREAS CREW . RESTRICTIONS TO LEAF WEEK RESTRICTION EXCEPTION BLOWERS Belmont 1991 No -gardening 8am.-M-F None NIA 7 a.m. - 6 p.m. ---- equipment 6 p.m. S-S- Holidays Burbank 1987 Yes 8a.m.r All days None Applicable to No Can't be operated - 6 p.m. residential longer than 15 zones or within minutes on parcels 200'of less than \.-'2 acre; residential 30 minutes on zones parcels more than \.-'2 acre; not more than one blower in operation per parcel at a time; prohibits debris from being blown into adjacent properties. Burlingame 1986/1994 Yes 8a;m.-: M-F None Applicable to Yes ---- 7p.m.; residential I I zones I 10 a.m. -Sat. 7 p.m.; 10 a.m.-Sun.! 6 p.m. Holiday- residents only Davis Yes 7 a.m.-M-F 70 dBA at SO' ----Prohibited· use on Decibel level restriction not applicable on 7 p.in.; Sundays except for single family residential property if operation on operated less than 10 minutes. 9am.-Sat.! single family Sp.rn. ~Holidays dwelling 10 a.m. - 4 p.m.; operation I of blowers I prohibited within 100' radius of another blower. - ------_ .. ----------- CITY ADOPTED ORDINANCE TIMES DAYS DECIBEL DESIGNATED CITY ADDITIONAL COMMENTS SPECIFIC OFDAY OF LEVEL AREAS CREW RESTRICTIONS TO LEAF WEEK RESTRICTJON EXCEPTION BLOWERS Foster City --Yes 8 a.m.-M-F None Applicable to Yes -for Prohibited on Nozzle extension must be used in 5 p.m.; residential Utility and Sundays and certain residential zones. zones or within street repair holidays; prohibits 9 a.m.-Sat. 100' of blowing of debris 5 p.m. residential onto adjacent zones. properties, streets. Fresno 1981 No N/A N/A 5 dBA above N/A N/A N/A -- ~mbient Los Gatos 1991 No -all 8 a.m.-M-F None Restrictions Yes --No limitations in connnercial industrial powered 8 p.m.; applicable only or public space. equipment for residential 9 a~m.-S-S-or noise 7 p.m. Holidays sensitive zones. Montebello 1997 Yes N/A N/A None N/A N/A N/A Blowers prohibited unless blowers muffled or equipped with muffler device. Napa No 7a.m.-All days None Pertains only to N/A N/A -- 9 p.m. connnercial activity on privately owned property. Newport Beach 1995 No -all tools, 7a.m.-M-F 65 dBA at 50' -Yes Prohibited on -- equipment 6:30 Sundays . p.m.; 8a.m.-Sat. 6-p.m. CITY ADOPTED ORDINANCE TIMES DAYS DECIBEL DESIGNATE CITY ADDITIONAL COMMENTS SPECIFIC OFDAY OF LEVEL DAREAS CREW RESTRICTIONS TO LEAF WEEK RESTRICTION EXCEPTION BLOWERS San Luis Obispo 1997 Yes 8a.m.-All days 70dBA at SO' Residential No Prohibits use of -- 6 p.m.; zones; non-gasoline powered residential blowers on 7 a.m.-M -Sat. zones. Sunday. 6 p.m.; 8 -a.m.-Sun. 6 p.m. Santa Rosa 1989 Yes 8 a.in.-M-F None Applicable to No ---- 8p.rn.; residential areas. 9 a.m. -S-S 8 p.m. Sunnyvale 1997 Revised No -all 7 a.m. -All days --Residential ----NOIse from equipment such as leafbJowers, 10 p.m. zones. edgers, sweepers, etc., are not subject to regulation when used only on a temporary or infrequent basis. ---------- • Adopted ban in 1987. Due to drought, amended ordinance per above in 1991, which is currently enforced. " ATTACHMENTC . 1998 HISTORY OF LEAF BLOWER COMPLAINTS Date Time Contact Made (CM) or Hundred Block of Reported Unable to Locate (UTL) Leaf Blower Violations 03-27-98 3:42 a.m. CM* 600 block of Arastradero 03-31-98. 7:41 a.m. eM 200 block of Palo Alto Ave. 04-02-98 7:53 a.m. CM 700 block of Maplewood 04-05-98 3:32p.m. UTL 600 block of Homer 04-10-98 4:51 a.m. CM* 400 block of University 04-14-98 7:27 a.m. CM 300 block of Hamilton 04-17-98 1:04 p.m. CM 500 block of Lincoln 04-25-98 8:44a.m. UTL 3900 block ofEI Camino Real 04-26-98 3:36p.m. UTL 600·block of Homer . 04-27-98 1:51 p.m. CM 4200 block of Wilkie 04-28-98 7:24a.m. CM 300 block of Bryant 04-28-98 7:30a.m. . CM* 200 block of Sherman 04-28-98 5:46p.m. eM 200 block of Curtner 04-29-98 6:18 a.m. CM* 400 block of University 05-03-98 11:47 p.m. UTL 300 block of Waverley 05-06-98 7:33 a.m. CM 300 block of Portage 05-06-98 11:57 a.m. UTL 200 block of Grant 05-07-98 8:57 a.m. UTL 3800 block ofEI Camino Real 05-10-98 11:49p.m. CM* 300 block of Waverley 05-11-98 8:28 a.m .. CM* 200 block of Hamilton 05-13-98 1:25 p.m. UTL 2300 block of Tasso 05-13-98 1:39 p.m. UTL 500 block of Channing 05-15-98 12:08 p.m. CM 200 block of Ed lee 05-17-98 11:22 p.m. CM* 300 block of Waverley .' ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Date Time Contact Made (CM) or Hundred Block of Reported Unable to Locate (UTL) Leaf Blower Violations 05-25-98 1:50 p.m. CM 700 block of Sutter 05-27-98 5:19 a.m. CM* 600 block of Waverley 06-01-98 8:12 a.m. eM 3500 block of Laguna 06-02-98 7:53 a.m. UTL 1200 block of Harriet 06-03 .. 98 10:25 a.m. eM ' 3100 block of Waverley 06-05-98 1:48 p.m. UTL 1200 block of Wilson 06-11-98 8:39a.m. UTL 3800 block ofEI Camino Real 06-15-98 7:36 a.m. UTL 100 block Middlefield 06-15-98 7:57 a.m. eM 1ioo block of Newell 06-16-98 7:56a.m. eM 2600 block of Birch 06-17-98 6:32 a.m. UTL 500 block of University 06-17-98 7:41 a.m. eM 3500 block of Arbutus 06-18-98 8:19 a.m. eM 3400 block of Ross 06-22-98 7:42 a.m. eM 700 block of Page Mill 06-22-98 3:40p.m. UTL 700 block of San Antonio 06-23-98 7:42 a.m. UTL 700 block of Page Mill 06-23-98 7:40a.m. UTL 200 block of Shennan 06-23-98 7:32 a.m. UTL 100 block of Middlefield 06-23-98 5:25 p.m. UTL 700 block of Northampton 06-24-98 7:38 a.m. UTL 700 block of Page Mill 06-25-98 8:16 a.m. CM 3800 block ofEI Camino 06-25-98 8:31 a.m. UTL 500 block of Center 06-26-98 5:54 a.m. eM· 3300 block ofW. Bayshore Rd 06-27-98 1:35 p.m. eM 1500 block of Portola ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Date Time Contact Made (CM) or Hundred Block of Reported . Unable to Locate (UTL) Leaf Blower Violations 06-29-98 7:30a.m. eM 700 block of Guinda , 06-29-98 8:26 a.m. UTL 3100 block of Manchester et. . 06-29-98 7:40a.m. UTL 700 block ofPag~ Miil 06-29-98 1:11 p.m. eM 200 block of Lowell 06-29-98 9:01 p.m. CM* 200 block of Sherman 06-30-98 7:57 a.m. eM 700 block of Page Mill 06-30-98 8:28 a.m. UTL 100 block of Middlefield 06-30-98 6:04p.m. eM 500 block ofMatadero 07-01-98 . 7:30a.m. UTL 700 block of Page Mill 07-03-98 8:30a.m. UTL 3700 block orEI ea.rnino Real 07-04-98 11:31 a.m. eM 400 block of Ruthven 07-05-98 8:24a.m. UTL 3100 block of Alexis 07-06-98 8:40a.m. eM 100 block of Middlefield 07-08-98 7:37 a.m. eM 200 block of Forest 07-08-98 7:27 a.m. CM 700 block of Page Mill 07-09-98 8:22 a.m. eM 500 block of Center 07-09-98 8:40 a.m. CM* 1300 block of Newell 07-10-98 8:20a.m. . UTL 1100 block of Greenwood 07-10-98 10:14 a.m. eM 3300 block of St. Michael 07-11-98 2:48p.m. UTL 4200. block of McKellar 07-12-98 4:56 a.m. eM 1500 block of Page Mill 07-13-98 7:19 a.m. eM 800 block of Hansen. 07-13-98 7:38 a.m. UTL 3600 block of Whitsell 07-15-98 8:34 a.m. eM* 200 block of Forest ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS . Date Time Contact Made (CM) or Hundred ·Block of Reported Unable to Locate (UTL) Leaf Blower Violations 0.8-21-98 7:18 a.m. CM 400 block of Kipling .08-21-98 8:51 a.m. CM 200 block of Seale 08-21-98 8:58 a.m. CM 700 block of Garland 08-24-98 6.:39 a.m. CM 200 block of University 08-24-98 8:41 a.m. CM 3000 block ofE1 Camino Real '08-24-98 8:59p.m. UTL 2400 block ofE1 Camino Real 08-25-98 7:25 a.m. CM 2800 block of Middlefield 08-25-98 1:33 p.m. UTL 500 block of Channing 08-25-98 6:48p.m. UTL 500 block of Arastradero 08-27-98 10:56 a.m. CM 600 block of Channing 08-27-98 8:33 a.m. CM 900 block of Hansen 08-28-98 6:31 a.m. CM* 400 block of University -- 08-30-98 12:43 p.m. CM 600 block of Romer 09-04-98 7:46 a.m. CM 2100 block of Greer 09-06-98 7:22 a.m. UTL 100 block of College 09-08-98 8:31 a.m. UTL· 700 block of Emerson 09-12-98 8:25 a.m. CM 900 block of Dennis . 09-15-98 7:12 a.m. UTL 700 block of Colorado 09":16-98 5:30 a.m. CM*' 500 block of University 09-17-98 4:23 a.m. CM* 400 block of University 09-18-98 9:30a.m. CM 500 block of Alger . 09-23-98 9:42 a.m. CM 100 block of Lincoln 09-23-98 12:12 p.m. CM 300 block of Sheridan 09-25-98 8:03 a.m. 'UTL 1200 block of Forest concluded that the noise ordinance was restrictive and needed to be reviewed for changes. After a Council study 'session on the issue ~arly 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)8 prohibition on the use of a gasoline leaf blower exceeding 90 decibels at a distance of25 feet between 10:00 a.m. and 4:00 p.m., Monday through Saturday, and total prohibition on Sundays and holidays. Th~ 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 pennitted 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 homs of 10:00 p.m. and 7:00 a.m;, Monday through Friday. A~ditionally, 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 reduc~g 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 sponsore~ 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 tUne 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~· . Enforcement of Ordinance 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 categOIY and, depending upon other higher priority calls CMR:216:98 Page 2 of8 ·' for service at the time, the calls are nonnally 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 of75 decibels, without testing each piece of equipment at full throttle with a sound meter it is not possible for the officer to detennirie if they are in violation. The majqrity of complaints associated with leaf blowers concern their use prior to the pennitted hours of operation. Very few complaints have been received about their uSe after . the pennitted 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 fonn and infonnation 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. Sound Levels of E(}llipment The Police Department uses calibrated sound meters that meet the standards of the American National Standards Institute (ANSI) to measme decibellev:els. It should be noted that ANSI ratings. that come with most leaf blowers are ·usually obtained by taking measuremel:lts 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, ifany, 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·ofthe 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 emittiiig only 65 decibels measured at SO feet per the ANSI tesiingstandards. 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 of8 air volume/flow (nonnally measmed in cubic feet per minute), muffier and impeller.' According to infoimation 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 fOl1llula is used in calculating noise levels, a blower that produces 70 decibels is actually one-fourth as loud as one $at produces 90 decibels. A change of three decibels is barely noticeable to the human ear while a five decibel change is noticeable, ~ut 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 equippeq with removable tube segments. While it is presunlably 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 somce 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 estimated that garden eqwpment 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 air .being mixed and burned to produce the power needed for the operation of the engine. According to . the National Vehicle and Fuel Emissions Laboratory, evapQrative emissions occm in several ways. The majority occur during refueling and spUlage. 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 homly as a car driven 100 miles, a lawn mower 50 miles, and a chaUi saw 200 miles. Because other gasoline powered garden equipment produces equivalent amounts . of exhaust emissionS, the EPA has ad~essed all types of equipment and has riot singled. out· leaf blowers. In June 1995, the EPA finalized the first national regulations' affecting small gasoline powered engines used in garden equipment. Phase i regulations became effective in 1997 and were expected to result in a 32 percent reduction in hydrocarbon emissions. Because the Phase I regulations affected all new garden equ~pment manufactured after August 1, 1996, the full impact has not yet been detennined. Currently, the EPA is working with state CMR:216:98 Page 4 or8 0' , , 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 infonnation 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 respiratoty illnesses. Other Cities' Experienc,e Staffhas checked with other cities regarding their enforcement of leaf blowers. Most cities have ordinances similar to Palo Alto's in 'that they attempt to control the use of leaf blowers by regulating certain decibel levels, hours of pemiitted 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 UIiconstitutional. Some cities have considered bans (e.g. Palm Springs) but have decided against 'them for various reasons. After Santa Barbara's City Council decided not to ban all leaf blowers, an initiative was placed on the 'ballot and was approved by the voters last November. Howev~r, a shniIar . advisoty 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 iearned 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. Because 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. IndustIy 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/mo~on studies and have concluded that production rates vary depending upon the amoimtltype of debris, weather conditions~ type . of sunace, 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 or8 -. . .. ATTACHMENT A TWO-YEAR mSTORY OF LEAF BLOWER COMPLAINTS Date Contact Made (CM) or Hundred Block of Possible Leaf Unable to -Locate -Blower Violations (UTL) 12-31-97 UTL 400 block of Forest 12-31-97 CM 400 block of ~an Antonio 12-30-97 CM 300 block of High 12-28-97 CM 600 block of Homer 12.;28-97 UTL 700 block of Rosewood 12-28-97 CM 2000 block of Channing 12-24-97 CM-3600 blockofEI Camino 12-24-97 UTL Bryant @ Channing 12-17-97 UTL 400 block of Kipling 12-14-97 -UTL 800 block ofMiddlefieid 12-6-97 CM 600 block of Homer 12-4-97 CM 4100 block of Crosby PI -12-4-97 CM 100 block of Walter Hayes 12-4-97 CM 2700 block of Middlefield 12-3-97 CM 200 bl~ck of Waverley 12-1-97 UTL 700 block of Arastradero 11-28-97 CM 4100 block of Crosby 11-28-97 UTL 900 block of Scott 11-27-97 UTL 600 block of Gilman 11-26-97 UTL MoanaCt 11-25-97 CM 200 block of Grant 11-24"'97 UTL 300 block of Curtner _ ..: 11-20-97 UTL 600 block of Bryson 11-20-97 UTL 300 block of Forest· 11-07-97 CM 4100 block of Baker 11-04-97 CM . Birch @ California 11-3-97 . CM 400 block of Kipling 10-30-97 UTL Bryson @ Middlefield 10-30-97 CM 00 block of University . 10-27-97 UTL 400 block of Kipling 10-26-97 CM 400 block of Lytton 10-24-97 UTL 1900 block of Waverley 10-23-97 ' UTL Bryson @ Middlefield ·10-20-97 CM Sheridan @ EI Camino 10-17-97 CM Seale @ Webster 10-15-97 CM 3700 block ofEI Camino 10-08-97 eM 2300 block of St. Francis 10-6-97 CM 400 block of Kipling ., 10-3-97 CM 3600 block ofEI Camino 9-30-97 UTL 900 block of Waverley 9-30-97 CM 00 block of University ., 9-08-97 CM 400 block of Alma 9-25-97 CM 500 block of Channing 9-24-97 CM 2200 block of St. Francis 9-24-97 UTL 3500 block of Laguna 9-23-97 CM 400 block of Addison 9-22-97 CM 2200 block of Yale 9-19-97 CM 3000 block of Middlefield . 9-18-97 CM 2000 block of Oberlin 7-9-97 CM Portola @ Sequoia 7-7-97 CM " TQrreya Ct 7-7-97 UTL 300 block of Lytton 7-6-97 CM 100 'block of El Camino . 7-5-97 unit canceled 1900 block ofWavetley' 7-4-97 UTL Forest @ Btyant 6-27-97 CM . 3300 block ofMidc;Uefield 6-27-97 CM 400 block of Forest 6-25-97 . UTL 4100 block ofPenaCt 6-24-97 CM 800 block of Lytton 6-21-97 CM 3300 block of Hillview 6-19-97 CM Cowper @Hamilton 6-18-97 CM 700 block of Middlefield 6-16-97 CM 900 block of Bryant 6-12-97 CM 2000 block of Oberlin . - 6-10-97 . UTL 900 block of Bryant 6-6-97 UTL 700 block of Colorado 6-5-97 UTL Byron 6-4-97 CM 2000 block of Oberlin 6-2-97 UTL 1400 block of Bryant 6-1-97 UTL Forest @ Gilman 5-30-97 CM 200 block of Edlee 5-24-97 CM Forest @ Gilman 5-24-97 CM 300 block of CoWper 5-21-97 CM 1700 block of Middlefield 5-16-97 CM 4100 block of Middlefield 5-15-97 CM 800 block 'of University 3-1-97 utL Hamilton @ Cowper 2-27-97 UTL . 2000 block of Channing 2-21-97 CM HamiJton @ Lincoln 2-18-97 CM 4100 block ofEI Caniino 2-14-97 CM Louis @ Embarcadero 2-13-97 CM. Bl)'ant @ Churchill . " 1-27-97 UTL . 400 block of Alma .. 1-25-97 UTL Lincoln @ Webster 1-21-97 CM Channing @ Webster 1-14-97 . UTL Channing @ Cowper 1-10-97 CM Columbia @ Stanford 1-27-97 UTL 400 block of Alma 1-14-97 UTL Channing @ Cowper 1-9-97 'CM Columbia @ St&:nford 1-7-97 CM Channing @ Cowper " . 12-26-96 .UTL 300 block of Seale 12-22-96 UTL 400 block of Forest 12-6-96 CM 3700 block of Wright 12-4-96 CM 400.block of-High 12-3-96 CM 3800 block ob Magnolia 11-28-96 CM 400 block of Coleridge 11-24-96 CM 400 block of Hamilton 11-23-96 CM 500 block of Hamilton 11-23-96 CM 700 block of Channing 11-22-96 CM 4100 block of Hubbart 11-20-96 CM 700 block of San Antonio 11-14-96 CM Kingsley @ Webster 9-16-96 CM· Hawthorne @ Cowper 9-16-96 UTL 400 block of Fernando . 9-13-96 CM Sheridan @ EI Camino 9-12-96 CM Middlefield @ Lorna Verde 9-11-96 unfounded 400 block of Fernando 9-9-96 CM California @ Columbia 9-4-96 CM 100 block of Heather 8-31-96 UTL Colorado @ Mid.d1efield 8-30-96 CM 400 block of University 8-27-96 CM 3800 block of Magnolia 8-26-96 UTL 400 block of Fernando 8-16-96 CM Waverley @.Embarcadero 8-14-96 CM 300 block of Bryant 8-9-96 UTL 200 block of High 8-8-96 CM Ash@Grant 8-8-96 CM 400 block of Grat)t 7-27-96 CM Oregon @ W. Bayshore 7-18-96 UTL 4100 block of Morris 7-17-96 CM 300 block of University 7-13-96 CM 800 block of Hansen 7-10-96 CM 800 block of Hamilton 7-5-96 CM 1900 block of Wave dey 7-3-96 CM 1100 block of Parkinson 7-3-96 CM 800 block of San Antonio 6-30-96 UTL Hamilton @ Cowper 6-30-96 CM 400 block of Hamilton 6-24-96 UTL 900 block of Matadero 6-22-96 CM 500 block of Center 6-14-96 UTL Wellesley @ California 6-3-96 CM 700 .block of San Antonio 5-31-96 UTL 500 block of Lowell 5-30-96 unfounded. 100 block of Emerson 5-23-96 . UTL College @ Ash 5-23-96 CM Gilman @ Forest 5-22-96 CM 100 block of Heather 5-19-96 CM 600 block of Wildwood 5-17-96 CM Emerson @ University 5-16-96 CM 500 block of Lincoln . 5-14-96 eM 400 block of San Antonio 5-13-96 . CM 200 block ofUniv~rsity 5-13-96 unit canceled 1500 block of Page Mill 5-8-96 CM Middlefield @ Homer 5-8-96 unfounded 200 block of California 5-7-96 eM 1900 block of Waverley 5-6-96 UTL University @ Tasso 5-5-96 UTL Alma @ Lytton 5-3-96 eM 200.0 block of Channing 5-3-96 CM 1100 block of Greenwood 4-29-96 eM . University @ CoWper . .. 4-26-96 eM 600 block of Guinda 4-26-96 UTL ·500 block of University 4-24-96 eM· North California 4-23-96 UTL University @ Alma . 4-22-96 eM 700 block of Page Mill ATTACHMENTB DECmEL LEVEL MATRIX OF GARDEN EQUIPMENT 0 Company Model CFM Company SO' field 15' field 3' field SO'dBa test test test : 00, rating Echo PB400E leaf blower 388 74 71-78 79-84 91-104 Stihl BR400 leaf blower 476 75 ? 72-77 82-84 90-100 Echo PB46LN leaf blower 370 65 70-73 73-78 89-95 Echo PB46LN @ reduced power nla 60-64 68-72 85-88 Echo PB400E (with elbow tube removed) nla 73-79 79-84 91-104 ' Stihl 'BR320L leafblower 382 69 72-75 78-80 88-98 Stihl BG75 hand held leaf blower 377 o 69 62~72 73-78 88-96 Stihl BESS electric leafblower 3620 65 66-68 73-77 89 Stihl BESS @ ~ power , 62-65 70-73 o 85 Roybl electric leafblower 61-63 68-73 84 metal leaf rake on lawn steps S8~60 63-70 75-82 Honda HRC216HXA lawn mower -0 68 81 93 Honda HRC216HXA with blade off 62 72 86 Blk-Decker electric lawn mower 62-63 070 81-84 Shindaiwa T260 line trimmer 72-76 77-79 -94-98 ' Honda GX22 line trimmer 71-74 77-80 92-97 Sear~ old electric line trimmer 60-61 67-70 80 Echo CS3400 chain saw (small) 75-82 81-88 99-106 Miscellaneous Noise Source dBa's Loud dog barking at approximately 35 feet 78-80 Voices during city staff meeting 55-65 City HaIl plaZa at IUrich time 58-65 "Train ~ving at University Ave station measured at 25 feet 85-92 Car going by on quiet residential street measured at 25 feet 65 Vehicle"traffic at Alma & Churchill during heavy traffic 62-76 Car with bad muffier at Alma & Churchill 81 Inside a quiet house 42 Front porch of above house 43 Back porch of above house (some freeway noise and wind in trees) 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 vaIied based on the four 90 degTcc turns made by the operator. CITY YE4R TYPE PROHIBITED CITY ENFORCEMEM' COMMENTS PASSED EXCEPTION Indiillll Wells 1995 No gasoline or electric Yes; golf Complailllt basis only. Average 3 complaints per week. use by gardeners. courses are only Residents may use exception. .. electric only on their property. Lagwta Beach 1993 : Gasoline and electric No Complaint basis only 1-2 complaints per week. Lo:. ... tos 1990 Gasoline No Complaint I Proactive 6-10 complaints per week. Los Aogeles 1998 Prohibit use of gasoline No Complaint only I Low priority I blowers within soot of residential zone. Malibu 1993 Gasoline No Complaintl basis only 1 complaint per week. M,1l Valley 1993 Gasoline No Complaint basis only Very few complaints. Palos Verdes 1987 Gasoline and electric No nla nla Santa Barbara 1997 Gasoline Yes, 7:00-9:00 nla Residents have cOmplained about increase in gardener a.m., Monday-rates; phased in total ban; very few complaints. Saturday on City parking lots -, Santa Monica 1991 Gas and electric No Proactive Average 40 complaints per week. SouUt Pasadena 1991 Gasoline; electric I No Complaint basis only' 233 complaints last year; 3 cases went to court. battery allowed only between 8:00 a.m.-8:00 p.m. weekdays; 10:00 a.m. -6:00 p.m. weekends. Jlest Hollywood 1997 Gasoline No Complaint basis only Few complaints. -- This is' an informational report and no Council action is required. BACKGROUND This report provides additional information on the Council assignment to evaluate options for addressing leaf blower noise, to uview environmental issues, and to get community input on potential impact associated with options. Specifically, this report includes updated infonnation on pending legislation, experiences of additional cities that have banned blowers, and "the process used and opinions obtained from 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, staff will include the third staff report in" the Council packet soon after the Council returns from vacation m order to allow for wider and timely distribution. DISCUSSION Other Cities' Experience Staff has conferred with several other cities regarding their" enforcement of leaf blowers. Contact was made with theCiti~s 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 for"the electric blowers that are as loud and create as many pollution problems as ieafbiowers. 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 le"af 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 detennine how they deal with the cleanliness issues in these areas without leaf blowers. CMR.:341 :98 Page 2 of7 .' .. 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 auihority, 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 often. 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 ~o 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 uPclated list of cities that have banned leaf blowers . . Pendin& Lecislation 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 Qriginally dealt withjwy service, and sub~tituted 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 50·fe.et; prohibit cities from' regulating leaf blowers except betweeri 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 after Janumy I, 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 of7 Pollution IssUes Staff has received information regarding associated pollution issues from the California Environmentai 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 unti11995. Tier n standards were originally scheduled to become effective in 1999; the implementation of those standards 'has been delayed until 2000. Under the Tier n 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 CEP ARB 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 microgrCliils 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 leBfblowers as offenders, but include all fuel-powered lawn and garden equipment such as mowers, chain saws, edge trimmers, etc. EPA docunlents acknowledge that hand-heldequ~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" andis being accomplished through relatively simple engine modifications. As a result, the CEP ARB 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 of7 ... . . Twenty people attended this meeting, seven of whom had attended one of the previous meetings. "Attachment C provides the unedited responses received at each oftlte meetings. " The opiliions 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 l~afblow~rs 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 Staff is finalizing the research phase of the assignment and in the process of detennining cost impacts to the City for the various options. Additionally, using all the infonnation 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 Seivices Committee meeting on October 6. RESOURCE IMPACTS Staff is still in the process of estim~ting costs associated with the options. ATfACHMENTS " 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: Lynne Johnson, Assistant Police Chief CMR:341:98 Page 6 of7 -- CITY YEAR TYPE PROHIBITED CITY ENFORCEMENT COMMENTS PASSED EXCEPTION Laguna Beach 1993 Gasoline and electric No Complaint basis only 1-2 complaints per week. ·Lawndale 1997 Gasoline No Complaint I Proactive 6 complaints per week. Enforced ~ code compliance staff. Los Altos 1990 Gasoline No Complaint I Proactive 10 cOmplaints per week. Los Angeles 1998 Prohibit use of gasoline No Complaint only I Low priority Nuinerous complaints. Seeking authority to allow blowers Within 500' of code enforcement staff to enforce. residential zone. Malibu 1993 Gasoline No Complaint basis only 1 complaint per week. - AMenlo Park 1998 Gasoline No i Mill Valley 1993 Gasoline No Complaint basis only Very few complaints. Palos Verdes 1987 Gasoline and electric No nla nI~ ·Piedmont 1990 Fuel-powered Yes Complaint basis only Two complaints per month. Some gardeners use gas generators to nmelectric blowers that are louder than leaf blowers. Santa Barbara 1997 Gasoline Yes, 7:00-9:00 nla Residents have complained about increase·in gardener a.m., Monday-rates; phased in total ban; very few complaints. Saturday on . City parking lots --- Santa Monica 1991 Gas and electric No Proactive Average 40 complaints per week. South Pasadena 1991 Gasoline; electric I No Complaint basis only 233 complaints last year; 3 cases went to court. battery allowed only I between 8:00 a.m.-8:00 I p.m. weekdays; 10:00 a.m. -6:00 p.m. weekends. West Hollywood 1997 Gasoline No Complaint basis only Few complaints. --- ATTACHMENT C Leaf Blower Options -Gardener's Meeting June 10, 1998 Option '1: Complete ban on all leaf blowers. Ems: None given ~: • would take more time t~ do the work • increase costs to customer/City • vacuums won't work (cornets) • 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 ~oise issues Comme'Dts: • newer equipment IS much quieter • more homeowners can have a beautiful garden with use of blowers • increase in request/use of gardener~ -seniors • clients opted for less services when prices would increase • 3rd party intervention is the problem -should be between client and gardener Option #2: Ban on only fuel powered leaf blowers. fr.o.6: None given . ,Com: • 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 Comments: • hatchet approach Option #3: Allow leaf blower use only in industrial parks or commercial areas. f.J:Qs: None given t.nns.: • some types of commercial areas require quiet • mixed use becomes· an issue . • double ,equipment needed for gardeners who do both ·residential and commercial • enforcement could be an issue .. Option #4: 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) fall: • better than ban • when tube requirement added, this solves the complaint problem (San Mateo) .c.o.ns: • would beat peak hours for commercial • some clients prefer work done on weekend • gardeners need to work eight hours Comments: • use on Saturdays • use on Sundays isn't significant; they do work holidays Option #5: 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 •. Ems: • Hillsborough 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 .c.ans: • some people might not maintain their equipment COmments: • 65 dba now, few years 60 dba • compan~es (responsibl~) put down safe mulch • more particulate matter disturbed by vehicles Option #6: Allow use of leaf blowers only by private citizens for use on their own property. ~: • Gardeners could sell their old blowers . Cnns: • problem ·for gardeners • most people in Palo Alto have gardeners • discriminates between • homeowners would tend to be noisier -older equipment - 1 week 15 minute use compared commercial use • noise level could go up if more homeowners used, especially Sundays Option #7: No change to current ordinance. • Hillsborough 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 ~: • manufacturers won't be inclined to solve problem • hard to enforce • continued levels of complaint • doesn't resolve issue • if state passes legi~lation, currerit ordinance couldn't be used Option #8: Other Ideas • divide City into' distri'cts -only allow use on certain days in certain districts to coincide with garbage pick up days .' General Comments • would assist in education; some commercial clients have offered to provide space • 63% gardeners 2-5 employees; 21 % gardeners 5-10 employees; 5.3'0/0 . 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 vacu'ums 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; 15-30% increase in fees -another lost 7 clients • vacuums also disturb air -du'st • 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 • Stihl -320L • Red Max • Astron . • Shindawa Leaf Blower Options -Community Meeting June 17. 1998 Option '1: Complete ba~ on all leaf blowers. f.ms: •. 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) • 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 creat~s noise • shock hazard in wet areas • still could be hard to enforce as people can't differentiate between noise of gas vs electric Comments: • takes less tim~ with gas powered so noise isn't heard for as mU,?h time • if you water surface prior to' blowing, only leaves get blown • battery powered electric broom is quieter Option #3: Allow leaf blower use only in industrial parks or commercial are~s . .f.rns: None given .cno.s.: • discriminatory based upon areas • mixed use, peQple 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 Option #4: 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). Ems: None given ems: • would result in overall less leaf blower use .t.nos: . • unenforceable -proof of ownership • still creates noise, dust, emission problems • could result in neighbor conflicts • could put some gardeners ~ut of work Option#': No change to current ordinance. ems: None given CnoS: • use aI/ 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 Comments: • begs question on how it is enforced . . • ordinance might not be the problem, but enforcement of it Option #8: Other Ideas A. San Mateo County county operated equipment not allowed to use on "spare the air" days adopted" purchasing g,uidelines covers county contractors B. Educational outreach needed C. Mediation could be an option D. oRegulate by duration of noise (time used -e.g., 15 min in an liouor) General Comments: • 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 haord 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 0 noise harmful to especiaiiy children potice enforce all sorts of bans, illegal activity use of police to enforce .noi~e not a ogood use responsibility should be on homeowners who hire gardeners who use leaf blowers· • LA green card -English 0 and Spanis~ • use water instead .. people can chose to pay more o( haveo reduced level of cleaning Leaf Blower Meeting -July 15, 1998 Option 1: Complete ban on all leaf blowers. .fm.s: • More gardeners would be needed so more gardeners would be employed. • Conflicts with ·peacefulness associated with "gardens. II • 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 ownsis/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 help to get rid of dust and have it carried away by gardeners. Option 2: Ban on only fuel-powered leaf blowers . . . f.ms: • 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 • .t&M: " • 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 blow.er. • Hazard on larger properties with extension cords; some homes don't have ~Iectrical outlets. • G~nerators are noisy (used for electric) . • Units used by gardeners are just as costly as fuel powered . Option 3: Allow leaf blower use only in industrial parks or commercial areas. f.m&: .. Would allow for cost-effective cleaning of large areas. • For commercial properties, they are economic necessity. Cnns: • Not fair to adjacent resjdential 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. Option 4: Further restrict the hours of the day alid days of week leaf blowers may be operated (e.g., 10 a~m. to 4 p.m., Monday thro~gh Friday). Alternative: Prohibit Saturday-Sunday-Federal holidays for commercial use. Should· . . apply to the City of Palo Alto. fms.: • 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. Option 5: . Allow leaf blowers that cannot be.operated.at higher than 65 decibels at 50 feet and require permits issued by the City. f.c.a.s: • 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. ,C.QDS.: • Not workable -people will ignore. Option 6: Allow use of leaf blowers only by private citizens for use on their own property. . educational requirements; require certain number of hours of schooling and mandate membership in professional association. ems: • Would raise competence level of gardeners . .cons: . . • Would need to be a state license so gardeners don't have to have multiple licenses. • Not practical. • Difficult for independents. General Comments • . 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 differen~ 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. re·viewed 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 se~ 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. 5) 6) 7) 8) 9) 10) 11) p.m. Monday through Friday; Allow commercial useoffuel-powered leafblowers iIi industrial areas on Saturdays between 10:00 a.m. and 4:00 p.m.; Allow residents (and commercial gardeners) touse electric leaf blowers between the hours of 8 a.m. and 6 p.m. Monday through Friday, and between 1 0:00a.m. and 4:00 p.m. on Saturdays and holidays; Prohibit the use of all leaf blowers on Sundays; Conduct enforcement on a proactive basis, utilizing citations and an increasing scale as well as notification of violations to commercial gardeners' clients at the location of the violation; Allow City crews to operate leaf blowers between 4:00 a.m. and 8:00 a.m. in the Downtown area, California Avenue area, Midtown area, the Municipal Golf Course, and in City parking facilities, with special consideration given to those areas immediately adjacent to hotels; . Exempt City crews from the regulations for clean up after special events and in emergencIes. Prohibit City crews and discourage commercial gardeners from using fuel-powered leaf blowers on Spare the Air Days. BACKGROUND Staff provided a list of recommendations regarding the regulation of leaf blowers to the Policy and Services Committee on February 23, 1999. At that time, Committee members asked that staff develop an alternative to the City issuing permits; review the hours of use around hotels; review the hours' City crews use blowers around residences; work with Bay Area Gardeners Association (BAG A) in certification and training efforts; and reconsider the· hours for use by homeowners. Additionally, staff was asked to provide information about how acceptable noise levels of blowers would be determined; how complaints would be rep'orted to the Council; and why complaints about leaf blowers had increased over the last few years .. Since February, staff has been meeting with representatives of BAG A and the California Landscape Contractor's Association (CLCA), conducted a leaf blower demonstration for the Council, completed additional research, met with representatives of downtown hotels, and monitored legislative activities associated with leaf blower regulation. DISCUSSION Legislative Update Four pieces of legislation associated with leaf blowers were introduced in Sacramento this year. One resolution was adopted and three proposed bills are in committee. Senate Concurrent Resolution Number 19 -This resolution was adopted in May 1999. The resolution directs the California State Air Resources Board (CARB) to prepare and submit CMR:352:99 . Page 2 of9 Staff proposes that the City provide assistance in the training and certification process by providing overall coordination and oversight, p~nting the certificates, and helping to Pllblicize the training sessions . . Blower Certification-Sound Level and Emission Standards Staff continues to recommend that blowers that are rated at 65 dBA or less at 50 feet using ANSI standards be allowed for use in Palo Alto and that a manufacturer's label indicating the rating be affixed to all leaf blowers used in the City .. While the leaf blower demonstration conducted for the Council in May (Attachinent A) revealed that sound levels of blowers were measured at higher levels than the manufacturers ratings, the conditions under which the measurements were taken did not follow the ANSI protocol. Staff determined that the ANSI standards are the only ones consistently recognized and used by federal, state, and local governmental agencies. Almost all legislation regulating leafblowers uses ANSI ratings as the standards. , As an alternative, if the Council. is uncomfortable with using the manufacturer's label as certification, the City could require that an independent laboratory certify all blowers used in the City. However, it should be noted that the some of the makers ofleafblowers already . use ;an independent laboratory to conduct the tests to determine equipment ratings. As an example, Maryama Company uses the Underwriter.'s Laboratory for the· testing of its leaf blowers. Laboratories follow the established ANSI testing protocol when detennining noise level ratings. Staffs original recommendations included one that within two·years, only blowers that are rated at 62 dBA or less at 50 feet be allowed for use in the City. After doing some additional research, staff has changed that recommendation. While it is apparent that the companies who make the blowers are moving towards equipment that would meet the .62 dBA rating, it would be a substantial financial burden on commercial gardeners to purchase new equipment after only two or three years. Therefore, staff now recommends that the City encourage the use of blowers that are rated at 62 dBA, but that those rated at 65 dBA would still be allowed for use for an additional three years, to 2003. According to the Environmental Protection Agency (EPA) and the CARB, leaf blowers that do not meet the Tier II standards (refer to CMR:341 :98) that become effective after January 1, 2000 will not be allowed to be sold in California. Tier II standards will lower hydrocarbon emissions by about 70% over those allowed in 1995. The intent of the' new standards is that as older, non-compliant equipment that does not meet the higher standards wears out, users will replace their blowers with those that do meet the new standards. Some companies are already making blowers that will meet the Tier II standards. It should be noted that most leafblowers come equipped with factory-installed mufflers. CMR:352:99 Page 5 of9 Days/Hours of Operation At the February 1999 Policy and Services Committee meeting, there was considerable discussion regarding staffs recommendations on the hours/days·ofweek during which leaf blowers would be al10wed to be operated. Staff .)riginally recommended that use of blowers be allowed by both commercial operators and residents between 9:00 a.m. and 5 :00 p.m. Monday through Saturday and totally prohibited on Sundays and holidays. In discussions with representatives ofCLCA and BAGA, staffhas revised the recommendations as follows: COnimercial use -Leaf blowers could be operated by commercial gardeners and landscapers between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. With the exception of large properties in industrial and general manufacturing zoned areas, cOn1mercial use would be prohibited on weekends. For those large properties in industrial and general manufacturing areas; commercial use would be allowed on Saturdays between 10:00 a.m. and 4:00p.m.· HomeownerlResident Use -Staff recommends that residents (and gardeners) be allowed to use electric blowers Monday through Friday from 8:00 a.m. to 6:00 p.m. and on Saturdays and holidays from 10:00 a.m. to 4:00 p.m. Residents would be allowed to use fuel powered leaf blowers during the same times and on the same days as commercial gardeners, (i.e. between 8:00 a.m. and 5:00 p.m. Monday through Friday). Staff is recommending. that extended hours and days be allow~d for only those residents who use electric leafblowers. The reason for this recommendation deals with enforcement. If residents were allowed to use gasoline blowers at different times/days, police staff would need to determine whether or not the operator was truly a resident. This sets up a situation that is not only labor intensive, but also would be objectionable on the part of residents. City Crews -Staff originally recommended that City crews be allowed to operate leaf blowers in the Downtown area, California . Avenue, Midtown area; the Municipal Golf Course, and City parking facilities beginning at 4 a.m. At the Committee's request, staff met with representatives from the major downtown hotels and agreed that Community Services and Public Services crews, including contractors, would coordinate their clean-up efforts around the hotels so that blowers would not need to be used in thl::: areas until 7:00 or 7:30 a.m., and the green machine would be used more frequently in areas like ~ytton Plaza. However, staffdoes not believe that it is necessary to incOIporate this agreement in the actual ordinance. For areas other than those adjacent to the hotels, the following alternatives were considered: 1) Prohibit City crews from use of leaf blowers prior to 6:00 a.m. -This aJternative presents significant problems, especially for cleaning· City parking facilities and sidewalk areas in Downtown and California Avenue areas. Vehicles begin parking in lots and garages as early as 6:00 a.m. AdditiomilIy, pedestrian traffic begins to CMR:352:99 Page 6 of9 complaints would be tracked. While, there is no way of knowing for sure, staff believes several factors have influenced the increased number of complaints. These factors include: a higher sensitivity and awareness regarding leaf blower use; better documentation and tracking of complaints; citizen's knowledge that Community Service Officer (CSO) response to complaints is usually more expeditious than police officers due to different levels of activities; and a significant increase in the use of commercial gardeners in the City. Staff would anticipate tracking leaf blower complaints as well as proactive enforcement using the same methodology and system that is used now. AsCSOs respond to complaints or take proactive action, the infonnation is communicated to dispatchers in the Communications Center and entered into a database. With the implementation of the Computer Aided Dispatch system, this tracking will be signIficantly easier to do. RESOURCE IMPACTS In order to provide consistent proactive enforcement, an additional eso would be needed to provide coverage seven days a week. Staff would propose hiring a temporary CSO for the initial enforcement efforts of a revised ordinance and, if warranted, retUrn to Council with 'requests for additional regular staff after a year's experience. Estimated costs for the initial implementation include: Salary Uniforms/Equipment Total $40,000 3,000 $43,000 If Council approves the staff recommendations, a Budget Amendment Ordinance (BAO) will be prepared for these costs, as well as any costs associated with the training and certification of gardeners. The BAO would be presented to the Council at the same time as the revisions to the Municipal Code are adopted. POLICY IMPLICATIONS Staffs recommendations are consistent with the Comprehensive Plans policy to evaluate changes to the noise ordinance to reduce the impact ofleafblower noise (N61) ENVIRONMENT AL REVIEW An environmental determination would be made at the time a proposed revision to the current ordinance is presented to the Council for adoption. ATTACHMENTS CMR:352:99 ' Page 8 of9 ATTACHMENT A LEAF BLOWER PRODUCT DEMONSTRATION Echo PB400E (No rating) 74175 77176 81/80 81 Stih13'JOL (Rated 70 DBA) 73170 75174 Stihl Vacuum (Rated 69DBA) 66/67 69170 Echo 46 LN (against fence) 67/68 72/73 Echo 46 LN (on cement) 70/69 74/75 Ambient 52 Marayama BL 4500 SP (Rated 62 DBA) 66/68 68/69 72173 69/68 StihI Electric (Rated 63 DBA) 62/64 T 64/65 Marayama (tube removed) 68/69 73172 Echo 46 LN (fence tube of 0 71173 72173 Echo 46 LN (cement no tube) 72/71 74/73 Echo 46LN .(Rated 65 DBA) 69/68 71/69 72173 68170 Toro Electric (No rating) 63/62 59/60 City Weed Wacker 77176 77178 Green Machine 69 idle 68170 motion 13) Prohibit the blowing of debris onto adjacent properties. : 14) Include all contractors directly hired by the City under the definition of City crews; BACKGROUND At the Policy and Services Committee meeting of September 14, 1999, staffrecoI11.1p.ended that the Council direct staff to revise Palo Alto Municipal Code Chapter 9.10 governing leaf blower use. Staff presented a list of regulations that would be included in the revised ordinance. Staff had inadvertently excluded several regulations from that list. Additionally, Committee members requested the following: that consideration be given by City crews of their use of leaf blowers between 4:00 a.m. and.8:00 a.m. not only adjacent to hotels, but also to residential properties; that staff further study leaf blower use in commercial areas adjacent to non-residential, private properties; and to inciude in the definition of City crews any contractors directly employed by the City. DISCUSSION This report provides a list of regulations that have been revis~d according to the Committee direction and updated information. regarding the California Resources Board report on leaf blowers. Regulation #2 was revised to incorporate the suggestion by Council member Rosenbaum that accepted leafblower model numbers be used in conjunction with manufacturers' labels for enforcement purposes to help ensure that labels were not attached to noncompliant blowers. Staff concurs with the Council direction to in~lude in the definition of City crews all contractors employed directly by the City, and regulation #12 has been added to the list. This would clarify that under the City'S contractors would also be prohibited from using fuel-powered leaf blowers on Spare the Air Days. Under the· current ·ordinance, City crews have been allowed to use leaf blowers between 10:00 p.m. and 7:00 a.m. Due to the number of noise complaints received, the schedule was changed two to three years ago to 4:00 a.m. to 12:00 p.m. In February, staffproposed codifying the change in the revised ordinance that would allow City crews to operate blowers between 4:00 a.m. and 8:00 a.m., hours that would represent an exception to the permitted hours by non-City crews. At that time, the Committee asked staff to review the hours of use around hotels. Staff met with representatives of two downtown hotels and agreed that Community Services and Public Works crews would coordinate their clean up efforts around the hotels so that blowers normally would not be used until 7:00 or7:30 a.m. Stafftherefore recommended to the Policy and Services Committee in September, that City crews be allowed to use leaf blowers between 4:00 a.m. and 8:00 a.m. with consideration being given to areas directly adjacent to hotels. At that time, the Committee directed staff to include the same considerations immediately adjacent to residential properties. While staff believes this consideration could usually be given to the cleaning of City streets and facilities that are adjacent to residential areas, it would be important to CMR:412:99 Page 2 of 4 maintain some flexibility to deal with the change of routine s~hedules associated with employee illnesses, vacations, etc. Staff therefore does not recommend a complete prohibition against the use of leafblowers in these areas during the early morning hours. Policy and Services Committee members also directed staff to study leaf blower use in commercial areas that were not adjacent to residential and private properties. The Committee's direction was associated with regulation #6 that would allow commercial use of fuel-powered leaf blowers in industrial areas on Saturdays between 10:00 a.m. and 4:00 a.m. Staff has begun reviewing this concept and believes that it would be possible to draft an ordinance that would be easily understood by gardeners and Police staff. As an example, language could be drafted such that blowers would be allowed within a certain distance from R-1 zones. However, there are some problematic issues surrounding mixed-use areas of the City, which staffis still reviewing. Staffwill include more detailed information and specific language at the time the draft ordinance is p~esented to the Council. California Air Resources Report Update Staff received a copy of the California Air Resources Board (CARB) draft report entitled "Potential Health and Environmental Impacts of Leaf Blowers." This report (see attached) was requested by the California Legislature. A second public hearing was held in El Monte, California on September 28, 1999 for the purpose of discussing the draft report with the pUblic. Because the report is still a draft, the CARB has asked that it not be cited or quoted. The final draft will be.presented to the CARB around November 11 and will be voted on at its meeting of December 9. After that meeting, the report will be presented to the legislature. Pending Legislation Update There are three bills pertaining to leaf blower regulations that were proposed during the first year of the Legislature's term that were held in Committee. Staff has learned that at least one of the bills will be pursued when the Legislature goes back into session. RESOURCE IMPACT Estimated costs for implementation of proactive enforcement are $43,000. If Council approves staffs recommendations, a Budget Amendment Ordinance would be prepared and presented to the Council at the time a draft ordinance was agendized for Council consideration. POLICY IMPLI CATIONS Staffs recommendations are consistent with the Comprehensive Plan policy to evaluate changes to the noise ordinance to reduce the impact ofleafblower noise (N61) and with Policy and Services direction. CMR:412:99 Page 3 of 4 ·, ... ". . .. ~ RECOMMENDATION At City Council direction, staff has prepared draft ordinances amending Chapter 9.10 of the ~ ....................... '""" .... * .. P-'-aale-AJi€FMYR4~QQi4hat would .. prohihit.tbe...,use_ .. offnel;.powered Jeaf. blowers in .... _. residential areas effective January 1, 2001, and an amendment to Chapter 9.48 that would prohibit the blowing, sweeping, or placing of debris onto adjacent properties. Staff also recommends that an amendment to Chapter 9.10 include more specific language regarding public property noise limits. '. BACKGROUND In January 199.8, Council directed staff to identify and evaluate options for addreSSIng leaf blower noises, to review environmental issues, to provide a survey of what other jurisdictions have done regarding leaf blowers, and to return with a report. Attached is a staff report (CMR:412:99) that provides detailed information about the work that has been done over the last two.years. At the Council meeting of November 15, 1999, staff presented recommended revisions to the Palo Alto Municipal Code regulating leafblowers. At that meeting, the Council directed staff to prepare a draft ordinance banning the use of fuel-powered leaf blowers in residential areas to become effective in one year. DISCUSSION . Draft ordinance amendments that would ban the use of fuel-powered leaf blowers in residential" areas and would prohibit the blowing or placing of debris onto adjacent properties are attached. Based upon Council discussion at the November 15, 1999 meeting, staffhas included some of the other elements from the list of original recommendations. This report provides a description of the elements of the amendments Limitations on the Use of Leaf Blowers The draft amendment to Chapter 9.10 would prohibit the use of fuel-powered leaf blowers by any person in residential areas. Because the designation of residential areas must be clear and precise for enforcement purposes, staff has used the designation found in Chapter 10.44 regulating stopping, standing and parking for purposes of this ordinance. Therefore, as proposed, residential areas would include all properties located witpin RE, Rl, R2, RMD, RM- 15, RM-30, RM-40, and PC zones where the principal use is residential. Fuel-powered leaf blowers could only be used in PC zones that are exclusively commercial. The use of these CMR:120:00 Page 2 of8 Under the current ordinance, public property noise limits cannot exceed 15 dBA above the local ___ ambienLwllen_measurecLat.25_feet. __ As~written,:.itjs_ambiguolls_w.here_the-IDeasurements-Illay ___ "_,,, be taken. Staff believes the Hmg1!age included in the amendment 'clarifies that measur'ements must be taken 25 feet from the property plane. Potential Health and Environmental Issues' The California Air Resources Board (CARB) report (attached) on the potential health and, environmental impacts ofleafblowets has been fmalized. The report is agendized for the CARB meeting of January 27, 2000. After approval by CARB, it will be forwarded to the State Secretary of Environmental Protection Agency and the Governor for approval. CARB staff anticipate the legislature will formally review it in March. The report ~oncludes, that based upon the lack of available data, recommendations for alternatives to the use of leaf blowers w9uld be premature. Further, the report ~hows that exhaust standards have already been met . by leaf blower manufacturers and that many have reduced these emissions further than what is required by law. Because the CARB did not have legislative direction regarding noise levels ofle~fblowers, the report explains that quieter leafblowers would reduce worker,exposure and any negative impacts on the general public. ·\\·,. ..... nile the report concludes that banning or restricting the use of leaf blowers would reduce fugitive dust emissions, there is no data on the amount of similar emissions cre~ted by brooms, vacuums, and rakes. The report suggests that those people who are opposed to leaf blowers should propose methods for leaf blower use that would reduce dust emissions and noise levels and develop codes of conduct to be followed by operators of blowers. It should be noted that the Cities of Davis and Sunnyvale recently concluded processes similar to Palo Alto's regarding the regulations ofleafblowers in their cities. In Davis, the City Council decided not to amend the current ordinance that allows the use of fuel-powered leaf blowers, but added a public awareness and education program, a buy-backltrade-in program, and established a certification/license component for leaf blower usage., The City of Sunnyvale amended its ordinance in June 1999 to inelude a provision that became effective January 1, 2000. Its amendment stipulates that leaf blowers used in residential areas shall not exceed a' noise level of 65 dBA when measured at 50 feet as determined by a test conducted by the American National Standards Institute or an equivalent. CMR:120:00 Page 5 of8 :,' .. Pending Legislation ---There-are-onl;)Ltbree_bills_currentLy_p.endinginBacramento_thaLar_e~as.s_o_ciated with leaf blower regulations and all have been held in Committee. The subject oflast year's Assembly Bill 1544 has been changed from leaf blower regulation to redevelopment. Technology Update On January 24,2000, the Bay Area Gardeners Association and ECHO Incorporated held a press conference in Palo Alto. The purpose of the press conference was to unveil two new leaf blowers .. Echo has spent $1.5 million in development for the prototype of a battery-operated bl9wer. Because it is battery operated, all exhaust emissions are eliminated. The battery utiit could be used for other tools such as weed whackers and edge trimmers. Echo has just completed the second-generation prototype, but will not make a decision regarding actual production until after feedback is received from' cities throughout California. The unit uses a compressor so the hi·gh pitch. noise frequently heard in ·fuel-powered blowers is non-existent. While a specific ANSI ratjng has not been determined, representatives of Echo believe it will be rated at about 56 dBA. . . . Echo also provided a demonstration on a new fuel-powered leaf blower, the PB261L that was recently released f<?r sale. While the ANSI rating is 65 dBA, it has also been tested at 63 dBA using ANSI protocol. Due to changes to the. motor, the high pitch noise has been reduced significantly, especially when used at low throttle. This unit meets the new Environmental Protection Agency's Tier II standards that became effective on January 1. Staff conducted s·ound meter tests on both of the units. Because of the wet weather and other factors, the results should be taken only for comparison purposes because the ANSI protocol was not close to being duplicated. At 50 feet, the battery-powered unit tested between 63 and 69 dBA and the PB261L unit was tested between 64 and 72 dBA. Staff also tested the Echo's 46LN, the blower is the one the majority of gardeners use. The results.for the 46LN ranged from 70 to 73 dBA. Training Video As mentioned in CMR:352:99, the Coalition for Fair Legislation composed of leaf blower manufacturers and distribu~ors, BAGA, California Landscape Contractor's Association, Latino Gardeners Association of Los Angeles, and the Portable Power Equipment Manufacturers Association have begun work on the production· of a training video on leaf blower usage. This CMR:120:00 Page 6 of8 therefore does .not require environmental review under the California Environmental Quality Act. SECTION ~ 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager . Senior Asst. City Attorney Police Chief 2 000114 syn 0043972 . follows: ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO f..MENDING CHAPTER 9.10 OF TITLE 9 (PEACE, MORALE), AND SAFETY) OF THE PALO ALTO MUNICIPAL CODE REGULATING NOISE FROM LEAF BLOWERS The ~ouncil of. the City of Palo Alt·o does ORDAIN as SECTION 1. The Council hereby finds as follows: (a) Leaf blowers' are commonly. used for commercial as well as residential landscape mairitenance to the extent .that they are viewed as being economically essential to professional contractors, but they present a unique nuisa~ce because of the character and volume of their noise and'pollution emiss-ions and . the dust ·and debris they projebt. (b) Existing restrictions on leaf blower noise emission in Chapter 9.10 of the Palo Al to Municipal Code constrained all gasoline powered leaf blowers to seventy-five dBA and allowed their use only between nine a. m. and five p. m. Monday' through Saturday and from ten a.m. through four p.m. on Sundays and holidays. Electric powered leafblowers are constrained as "residential power equipment" to ninety-five dBA and allowed from eight a.m. to eight p.m. Monday through Friday, from nine a.m. to six p.m. on Saturday, and from ten a.m. to six p.~. on Sundays and holidays. (c) Increasing citizen complaints about the noise, dust, and debris emitted from leaf blowers have led to extensive staff investigations of the need and feasibility for further restrlcting leaf blowers~ These investigations have confi~med that manufacturers are facing increasingly restrictive state air pollution regulation. Additionally, manufacturers and landscape maintenance professionals are recognizing the widespread resistance many communities now present to the use of leaf blowers because of their noise and air pollution emissions, and in response manufacturers are developing technologies which better muffle their noise and reduce their pollution emissions.' Noise emission reduction to a maximum of sixty-five dBA at a distance of fifty feet, measured using standards adopted by the American National Standards Institute" is currently available in new machines, and further reductions are likely in the next few years. These advances are reflected in staff recommendations to limit all types of lea! blowers t6 sixty-five dBA at fifty feet using' ANSI standards. Electric leaf blowers were recommended to be constrained in both residential and non-residential zones·to the hours of eight a.m. to six p.m. Monday 'through Friday and ten 1 000114 syn 0043971 a.m. to four p.m. on Saturday, with no allowance for electric leaf blowers on Sundays or holidays. However, in recognition of the greater noise emissions typical of internal combustion powered leaf blowers, staff recQmmended that these be further constrained to operation in residential as well as . non- residential zones between eight a.m. and five p.m. Monday through Friday but that .on Saturdays they be permitted in non-residential zones only between .. t'he hours of ten a.m. and four p.m.; their operation on Sundays and holidays was banned entirely. (d) Following extensive public .hearings before the Council, and .. in recognition of the. greater noise emissions typical of internal combustion powered leaf blowers, this Council has· determined that those types of leaf blowers should be prohibited from operation in residential zones entirely. In non- residential zones·, leaf blowers powered by internal combustion engines should be permitted to operate between eight a.m. and six p.m. Monday through Friday and between ten a.m.· and four p.m. on Saturday, but not on Sunday or holidays. (e) The Council adopts the staff recommendations for electric powered leaf blowers allowing their operation only if they have a manufacturer's label affixed confirming a maximum noise emission of sixty-five dBA and limiting· electric leaf blowers. in both residential and non-residential zones to the hours of eight a.m. to six p.m. Monday through Friday and ten a.m. to four p.m. on Saturday, with no operation by electric leaf blowers on Sundays and holidays. (f) Council also adopts staff recommendations that leaf blowers be required to use all manufacturer-supplied mufflers and extension tubes and that all commercial landscape maintenance be subj ect to .training and certification aimed at assuring this equipment is used with the least possible noise and dust impacts. (g) In recognition of the intensive public use of business district streets and parking lots and in public parks during. daylight hours as well as in the evenings, the Council· determines that city crews and contractors should.be permitted to use leaf blowers between four a.m. and eight a.m. (h) The Council determines that these additional restrictions best balance the competing needs for using leaf blowers with the objections to their noise and dust. However, in order to provide a transition period for implementing these new restrictions; the Council has decided to make the restrictions effective on January 1, 2001. 2 000114 syn 0043971 with a precision sound level meter, using slow response and "A" weighting. The minimum, sound level shall be determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source or sources at issue. However, f6r purposes of this chapter, in no case shall the local ambient be considered or determined to be less than:, (1) Thirty dBA ,'for interior . noise in Section 9.10.030(b)f (2) Forty dBA in all other sections. If a significant portion of the local ambient is produced by one or more individual identifiable sources which would otherwise be operating continuously during the six- minute measurement period and contributing significantly to the ambient sound level, determination of the local ambient shall be accomplished with these separate identifiable noise sources silent. (e) "Vehicle" means any device by which any person or prop~rty may be propelled, moved, or drawn upon a highway or street. (f) "Property plane" meahs a including the property line which property boundaries in space. vertical plane determines the (g) ,"Emergencies" . mean essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm. (h) "Combustion engine Leaf blower" means a,ny portable machine pOT,/ered '.lith a gasoline engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces. (i) "Residential power equipment'" means' any mechanically powered saw" sander, drill, grinderT electric leaf blmv'er, generator, lawnmower, hedge trirniner, edger, or' any other similar tool or device (other than leaf blowers) . (j) "Residential zone" means all lands located wi thin the following zoning districts: RE, Rl, R2, RMD, RM-15, RM-30, and RM-40; "residential 'zone" also means any lands located wi thin Planned Community (PC) zoning districts actually used for authori zed residential purposes. Any zoning district other than those defined as residential zones are classified as non-residential zones for purposes of this chapter. 4 000114 syn 0043971 (k) "Holiday" means and includes New Year's Day (January 1), Martin Luther King Day (the third Monday in January), Washington's Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veteran's Day (November 11), Thanksgiving --~-.-:-.---------B-ay:-·-(--t-h-e-. four-t-h--~T-hu-rs-da-v--±-n-Novernb-e-r-h---a-n-d--e-h-r-i-s--e-m-a-s------:----------- Day (December 25) . 9.10.030 Residential property noise limits. (a) No pers·on shall· produce, suffer or allow to be produced by any machine, animal or device, or any combination of same,· on· residential property, a noise level more than ·six dB above the .local ambient at any point outside of·the property plane. . (b) No person shall produce, suffer or allow to be produced by any machine,' animal, or device, or any combination . of same, on multi-family residential property, a noise level more than' six dB above the local ambient three feet from any wall, floor, or ceiling inside any dwelling unit on the same property, when the windows and doors'· of the dwelling unit are closed, except wi thin . the dwelling unit in which the noise source or sources may be located. 9.10.040 Commercial and industrial property noise limits .. No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on commercial or industrial property, a noise level more than eight dB above the local ambient at any point outside of the property plane. 9.10.050 Public property noise limits. (a) No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on public property, a noise level more. than fifteen dB above the local ambient at a distance of twenty-five feet or mor~ from the property plane, unless otherwise provided in this chapter. (b) exceeding feet are therefor 000114 syn 0043971 Sound performances and special events not eighty dBA measured at a distance of fifty exempt from this ch~pter when approval has been obtained from the appropriate 5 governmental entity, except as provided in Section 22.04.180 of this code. (c) Vehicl~ horns or other devices primarily intended to create a loud noise for warning 'purposes, shall not b~ used when the vehicle is at rest, or when a situation endangering life, health or property is riot . -.. ---.-----·-:i:mm±nen-t--;-. --. -._--.... -.-.-. -------....:....--------.~----.---- J 9.10.060 Special provisions. The special exceptions. listed in this section shall apply, notwithstanding the provisions of Sections 9.16.030 through 9.10.050. Said exceptions shall apply only to the extent and during. the hours specified in each of the following enumerated exceptions. (a) General Daytime Exception. Any noise source which does not produce a noise level exceeding seventy dBA at a distance of twenty-five feet under its· most noisy condition of use shall be exempt from the provlslons of Sections 9.10.030(a),· 9.10.040 and 9.10.050(a) between the hours of eight a.m. and eight p.m. Monday through Friday, nine a.m. and eight p.m. on Saturday, except Sundays and holidays, when the exemption herein shall apply between ten a.m. and six p.m. (b) Construction. Except for construction on residential property as described in subsection (c) of ~his secti6n, construction, alteration and repair activities, which are authorized by valid city permit shall be allowed between the hours of eighta.m~ and eight p.m. Monday through Friday, nine a.m. and.eight p.m. on Saturday, and ten a.m. and six p.m. on Sundays and holidays, if they meet at' least one of' the following standards: (1) No individual piece of equipment shall produce a noise level exceeding one hundred ten dBA at a distance of twenty-five feet. If the device. is housed wi thin a structure on· the property, the measurement shall be made outside the structure at a distance as close to twenty-five feet from the equipment as possible. (2) The noise level at any point outside of the property plane of the project shall not exceed one hundred ten dBA. Posting notice of construction hours is required. The holder of a valid construction permit 6 000114 syn 0043971 a distance of twenty~five feet. If the device is houSed within a structure on the property, the measurement shall be made outside the structure at a distance as close to twenty-five feet from the equipment as possible. (2) The noise level at any point outside qf ---+-Lhe-prop-e-rty.pi-an-e-:-:o-f-t-he--p-roj-ect-s-ha-rI--not-e-xce-e-d-o-n-e----- hpndred ten dBA. . (d) Other Equipment. Equipment used by city employees, city contractors, or public utility companies or. their co.ntractors, not covered by subsections (b) and (c) of this section, shall be allowed during the same hours as the exception set forth in s~bsection(b) of this section, providing no piece of equipment shall produce a noise level which exceeds one hundred ten dBA, measured at a· distance of twenty-five feet from the equipment. (e) Residential Power Equipment. Residential power equipment shall be allowed during the hours of eight a. m. and eight p. m. Monday through· Friday, nine a.m. and six p.m. Saturday, and ten a.m. and six p.m. on Sundays and holidays, providing it does not produce a noise level that exceeds ninety-five dBA measured at twenty-five feet from the equipment. (f) Gas Powered Leaf Blowers. Until July 1, 1989, gas po',,'ered leaf blO'llCrs Hhich do not produee a noise level in mwess of eighty blO dBA 'iJhen measured from a distance of b;enty five feet shall be allo',Jed during the follO'ldng hours: nine a.m. and five p.m. Honday through Saturday and ten a.m. and four p.m. Sundays and holidays. On July 1,· 1989, and thereafter, only gas pO'llCred leaf blO'llCrs ',fhich produce a noise level of seventy fi'le dBA or less, shall be allO\lCd during the permitted hours, specified in the preceding sentence. No person ·shall operate any leaf blower which.does not bear an affixed manufacturer's label . indicating the model number of the leaf blower and designating· a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet ·utilizing American National. Standard Institute methodology. Any leaf blower which bears such a manufacturer's label shall be presumed to comply with any noise level limit of this chapter pr·ovided that it is operated with all mufflers and full extension tubes supplied by the manufacturer for that leaf blower. No person shall operate any leaf blower without attachment of all mufflers and full 8 000114 syn 0043971 ( . ) J. chapter. Emergencies. Emergencies are exempt from this (k) Public Parking Lot Cleaning. Cleaning equipment (other than leaf blowers), when used in public parking lots, shall be allowed during the hours of ten p~m. and seven a.m., Monday through Friday, providingrl.o .such piece of· equipment. shall produce a noise level that exceeds eighty-two dBA measured at a distance of twenty-five feet until July 1 ~ 1989, and seventy~fi~edBA measured at a distance of twenty-five feet thereafter. (I) Business District Street Cle·aning. Cleaning . equipment (other than leaf blowers), when used in public streets in business, districts shall be allowed during the hours of ten p.m. and seven a.m., Monday through Friday, providing no such piece· of equipment shall produce a noise level that· exceeds eighty-two dBA measured at a distanc~ of twenty-five feet until July 1, 1989', and seventy-five dBA measured at a distance of twenty-five feet thereafter. 9.10.070 Exception permits. If the applicant can show to the city manager or his designee that a diligent investigation of available noise abatement techniques indicates that immediate compliance with· the requirements of this chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a . portion of this chapt~rmay be issued, withappropriat~ conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible up to six months, but renewable upon a showing of good cause, and shall be conditioned by a schedule· for ,compliance and details of methods therefor in appropriate cases. ,Any person aggrieved with the' decision of the city manager or his designee . may appeal to the city council pursuant to Section 16.40.080 of this code. 9.10.080 Violations. Any person who violates Section 9.10.060 (e) or 9.10.060(f) shall be guilty of an infraction. Any person who violates any of the other pr?v~sions of this chapter shall be guilty of a misdemeanor. 10 000114 syn 0043971 Electric Leaf Blowers: Use of approved electric leaf blowers will be allowed anywhere in the city Monday through Friday from 9:00 a.m. to 5:00 p.m. and Saturday from 10:00 a.m. to 4:00 p.m. Effective January 1,2001, approved electric leaf blowers will be those which have a manufacturer's label indicating the model number certifying that the noise level does not exceed 65 dBA when measured at 50 feet using the current American National Standard Institute methodology. Other Requirements -All leafbl~wer operators, including residents, will be required to use mufflers and full extension tubes supplied by the manufacturers of leaf blowers. Commercial users of any type ofleafblower will be required to obtain and display a certificate that verifies· that he/she has been trained to operate the blower according to standards approved by the City. Effective Dates -Per Council direction, the effective date for the prohibition of fuel-powered leaf blowers in residential areas will be July 1, 2001. In order to provide regulations applicable to electric leaf blowers until that time, Section 9.1 0.060(f)(3) has been added that will allow the use of electric blowers which produce noise levels not exceeding 75 dBA when measured at 25 feet between the hours of9:00 a.m. and 5:00 p.m., Mond~y through Saturday and 10:00 a.m. and 4:00 p.m., Sundays and holidays. Beginning on January 1,2001, both e1ectricand fuel- powered blowers will be subject to the 65 dBA noise limit and the other restrictions including hours of operation and use of mufflers and extension tubes. The regulations pertaining to the use of combustible engine blowers will remain unchanged until July 1, 2001. The effective dates for the amendment to Chapter 9.48 prohibiting the blowing of debris onto adjacent properties and Section 9.1 0.050 regulating public property noise limits will be 31 days after the second reading. Use of Blowers by City Crews -Included in the changes made by the Council, City crews would be prohibited from using fuel-powered leaf blowers in residential areas as defined by the ordinance. Current ordinance language would allow City crews to use fuel-powered leaf blowers in City parks as they are zoned Public Facility (PF). Additionally, the cleaning of public streets, sidewalks, parking lots in business districts, the Municipal Golf Course and City parks may be cleaned between 4:00 a.m. and 8:00 a.m. Enforcement -It is important to emphasize that after the ordinance becomes effective, leaf blower regulations will not be enforced using noise meters to determine noise levels of blowers. CMR:202:00 Page 2 of 4 Instead, enforcement will be based upon the manufacturers' labels and model numbers~ location of use of combustible engine blowers; and time and day of use. Staff has learned that the Board of Directors of the Portable Power Equipment Manufacturers Association (PPEMA) recently approved a resolution that called on all manufacturers of leaf blowers to commit to sound level labeling for their blowers. PPEMA will facilitate the effort through the development of a blower-labeling program. Companies that participate in the program must certify that blowers carrying the PPEMA label conform to the latest ANSI standards. The Outdoor Power Equipment Institute (OPEl) also recently approved a third party certification program. Under the program, leaf blowers will be inspected by the U.S. Testing Company for conformance to the current ANSI standard. Progress Reports to Council -Staffwill provide the first statUs report in October 2000. At that time, specific manufacturers and models of blowers that meet the 65 dBA standard will be provided. The report will also provide information about the progress, if any, of manufacturers' efforts regarding the production of battery-operated leaf blowers. RESOURCE IMPACT Cost estimates fora temporary Community Service Officer (CSO) that would allow for seven- day a week proactive enforcement remain at about $43,000. Staff will include revised cost estimates needed for City crews and contracts for areas in residential areas in the October status report. A placeholder of $250,000 has been placed in the proposed FY 2000-2001 budget pending further Council· direction. POLICY IMPLICATIONS The attached ordinance is consistent with the Comprehensive Plan's policy to evaluate changes to the noise ordinance to reduce the impact of leaf blower noise (N16). ENVIRONMENTAL ASSESSMENT CMR:202:00 Page 3 of 4 This project is categorically exempt from the California Environmental Quality Act (CEQA) as it further restricts the use ofleafblowers for environmental protection purposes. ATTACHMENTS Ordinance PREPARED BY: Lynne Johnson, Assistant Police Chief DEPARTMENT HEAD: .. -?a~c{c~r IJr= . Patrick Dwyer, Chief 0 ollce . ----rr' LI ~ CITY MANAGER APPROVAL: '-~J.l)'4.A~ . . . Emily mson, Assistant City Manager CMR:202:00 Page 4 of 4 be constrained in both residential and non-residential zones'to the hours of eight a.m. to six p.m. Monday through Friday and ten a.m. to four p.m. on Saturday, with :no allowance for electric leaf blowers 6n Sundays or holidays. However, in recognition of the greater noise emissions typical of internal combustion powered leaf blowers, staff recommended that these be further constrained to operation in residential as well as non- residential zones between eight a.m. and five p.m. Monday through Friday but that on Saturdays they be permitted in non-residential zones only between the hours of ten a.m. and four p.m.; their operation on Sundays and holidays was banned entirely. (d) Following extensive public hearings before the Council, and in recognition of the greater noise emissions typical of'internal combustion powered leaf blowers, this Council has determined that those types of leaf blowers should be prohibited from operation iri residential zones entirely. In non- residential zones, leaf blowers powered by internal combustion engines should be permitted to operate between eight a.m. and six p.m. Monday through Friday and between ten a.m. and four p.m. on Saturday, but not ori Sunday or holidays. (e) The Council adopts the staff recommendations for electric powered leaf blowers allowing their operation only if they have a manufacturer's label affixed confi'rming a maximum noise emission of sixty-five dBA and limiting electric leaf blowers in both residential and non-residential zones to the hours of eight nine a.m. to ~ five p.m. Monday through Friday and ten a.m. tOfour p.m. on Saturday, with no operation by electric leaf blowers on Sundays and holidays. (f) Council also adopts staff recommendations that leaf blowers be required to use ,all manufacturer-supplied mufflers and extension tubes and that all commercial 'landscape maintenance be subject to training and certification aimed at. assuring this equipment is used with the least possible noise a~d dust impacts. (g) In recognition of the intensive public use of business district streets and parking lots and in public parks during daylight hours as well as in the evenings, the Council determines that city crews and contractors should be permitted to use leaf blowers between ~our a.m. and eight a.m. (h) The Council determines that these additional restrictions 'best balance the competing needs for using leaf blowers with the objections to their noise and dust. However, in order to provide a transition period for implementing, these new restrictions, the Council has decided to make the restrictions effective on January 1, 2001. In order to provide a ·further transi tional period for the additional prohibition against the use of leaf blowers powered by internal combustion engines within 2 nnn?17."n 00<1"1071 meter should be arranged to the setting appropri~te to the type of noise being measured. (d) "Local ambient" means the lowest sound level repeating itself during a six-minute period as measured with a precision sound level meter, using slow response and "A" weighting.' The minimum sound level shall be determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source or, sources at issue. However, for purposes of this chapter, in no case shall the local ambient be considered or determined to be less than: (1) Thirty dBA for interior noise ln Section 9.10.030 (b); (2) Forty dBA in all other sections. If a significant portion of the local ambient is produced by one or more individual identifiable sources which would otherwise be operating continuously during the six- minute measurement period and contributing significantly to the ambient sound level, determination of the local ambient shall be accomplished with these separate identifiable noise sources silent. (e) "Vehicle" means any device by which any person or property may be propelled, moved, or drawn upon a highway or street. (f) "Property plane" means a including the property line which property boundaries in space. vertical plane determines the (g) "Emergencies" mean essential activities necessary to restore~ preserve, ptotect or save lives or property from imminent danger of loss or harm. (h) "Combustion engine Leaf blower" means any portable machine pm,'ered ',,'ith a gasoline engine used to blow leaves, dirt and other debris off sidewalks, driveways, 'lawns or other surfaces. (i) "Residential power equipment" means any mechanically powered saw, sander, drill, grinder, electric leaf blm,'er, generator, lawnmower, hedge trimmer, edger, or any other similar tool or device (other than leaf blowers) . (j) "Residential zone" means all lands located wi thin the following zoning districts: RE, R1, R2, RMD, RM-15, RM-30, and RM-40; "residential zone" also means any lands located within Planned Community (PC) zoning districts actually used for authorized residential purposes. Any zoning district other than those defined as residential zones arc classified as non-residential zones for purposes of this chapter. 4 000217 svn 0043971 governmental entity, except as provided in Section 22.04.180 of this code. (c) Vehicle horns or other devices primarily intended to create a loud noise for warning purposes, shall not be used when the vehicle is at rest, or when a situation endangering life, health or property is not imminent. 9.10.060 Special provisions. The special exceptions listed in this section shall apply, notwithstanding the provisions of Sections 9.10.030 through 9.10.050. Said exceptions shall apply only to the extent and during the hours specified in each of the following enumerated exceptions. (a) General Daytime Exception .. Any noise source which does not produce a noise level exceeding seventy dBA at a distance of twenty-five feet under its most noisy condition of use· shall be exempt from the provisions of Sections 9.10.030(a), 9.10.040 and 9.10.050(a) between the hours of eight a.m. and eight p.m~ Monday through Friday, nine a.m. and eight p.m. on Saturday, except Sundays and holidays, when the exemption herein shall apply between ten a.m. and six p.m. (b) Construction. Except for construction on residential property as described in subsection (c) of this section, construction, alteration and repair activities, which are authorized by valid city permit shall be allowed between the hours of eight a .m. and eight p.m. Monday through Friday, nine a.m. and eight p.m. on Saturday, and ten a.m. and six p.m. on Sundays and holidays, if they meet at .least one of the following standards: (1) No individual piece of equipment shall produce a noise level exceeding one h~ndred ten dBAat a distance of twenty-five feet. If the device is housed· wi thin a structure on the property, the measurement shall be made outside the structure at a distance as close to twenty-five feet from the equipment as possible. (2) The noise level at any point outside of the property plane of the project shall not exceed one hundred ten dBA. Posting notice of construction hours is required. The holder of a valid construction permit for a construction project within this city, which project is located within five hundred feet of any residential zone, shall post a sign at all entrances to 6 nnf\.".., ... .,n nnA':J0'71 (2) The noise level at any point outside of the property plane of the project shall not exceed one hundred ten dBA. (d) Other Equipment. Equipment used by city employees, ci ty contractors, or public utili ty companies or their contractors, not covered by subsections (b) and (c) of this section, shall be allowed during the same hours as the exception set forth in subsection (b) of this section, providing no piece of equipment shall produce a. noise level which exceeds one hundred ten dBA, measured at a distance of twenty-five feet from the equipment. (e) Residential Power Equipment. Residential 'power equipment shall be allowed during the hours of eight a.m. and eight p.m. Monday through Friday, nine a.m. and six p.m. Saturday, and ten a.m. and six p.m. on Sundays and holidays, providing it does not produce a noise level that exceeds ninety-fiv~ dBA measured at twenty-five feet from the equipment. (f) Gao Powered Leaf Blowers. (1) Until July 1, 1989, gas-powered leaf blowers which do not produce a noise level in excess of eighty-two dBA when measured from a distance of twenty- five feet shall be allowed during the following hours: nine a.m. and five p.m. Monday through Saturday and ten a.m. and four p.m. Sundays and holidays. ~ On July 1, '1989, and thereafter, only gas-powered leaf blowers which produce a noise level of seventy-five dBA or less, shall be allowed during the permitted-hours, specified in the preceding sentence. (3) Between July 1, 2000 and January 1, 2001, no person shall operate an electric powered leaf blower which produces a noise level in excess of seventy-five dBA when measured from a distance of twenty-five feet, and no person shall operate an electric powered leaf blower except during the following hours: nine a.m. and five p.m. Monday through Saturday and ten a.m. and four p.m. Sundays and holidays. (4) No person shall operate any leaf blower which does not bear an affixed manufacturer's label indicating the model number of the leaf blower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing American National Standard Institute 8 000217 ~vn 004~Q71 a noise level in excess of ninety-five dBA measured at a distance of twenty-five feet from the activity. (i) Safety Devices. Aural warning devices which are required by law to protect the health, safety and welfare of the community shall not produce a noise level more th.an three dBA above the standard or minimum level stipulated by law. (j) Emergencies. Emergencies are exempt from this chapter. (k) Public Parking Lot Cleaning. Cleaning equipment (other than leaf blowers), when' used in public parking lots, shall be allowed ~uring the hours of ten p.m. and seven a.m., Monday through Friday, providing no such piece of equipment shall produce a' noise level that exceeds eighty-two dBA measured at a distance of twenty-five feet until July 1, 1989, and seventy-five dBA measured at a distance of twenty-five feet thereafter. (I) Business District Street Cleaning .. Cleaning equipment(other than leaf blowers), when used in p~blic streets in business districts shall be allowed during the hours of ten p.m. and seven a.m., Monday t.hrough Friday, providing no such piece of equipment shall produce a noise level that exceeds eighty-two dBA measured at a distance of twenty-five feet until July 1, 1989, and seventy-five dBA measured at a distance of twenty-five· feet thereafter. 9.10.070 Exception per.mits. If the applicant can show to the city manager or his designee that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible up to six months, but renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. Any person aggrieved with the decision of the city manager or his designee may appeal to the city council pursuant to Section 16.40.080 of this code. 10 00n?17ovn 004"1Q71 ..... , follows: ORDINANCE NO. ---ORe:NANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMLWING SECTION .9.48.040 OF CHAPTER 9.48 OF TITLE 9 (PEACE, MORALS, AND SAFETY) OF THE PALO ALTO MUNICIPAL CODE REGULATING DISPOSAL OF RUBBISH, DIRT, LEAVES OR DEBRIS ON STREETS AND OTHER PUBLIC AND PRIVATE PROPERTIES The Council of the City of Palo Alto does ORDAIN as SECTION 1. The Council hereby finds as follows: (a) The existing provisions of Section 9.48.040 of Chapter 9.48 (Obstructing Streets and Side~alks) of Title 9 (Public Peace, Morals, and Safety) of the' Palo Alto Municipal Code prohibit the deposit of rubbish, dirt, debris or discarded materials on city streets and sidewalks. (b) In consideration of additional restrictions on the use of le'af blowers, the Council intends to clarify that Section 9.48.040 prohibits, among other things, using leaf blowers to blow dirt, leaves, and debris both onto city streets ~nd sidewalks and onto other public and private properties where that is unauthorized. SECTION 2. Section 9.48.040 of Chapter '9.48 (Obstructing Streets and Sidewalks) of Title 9 (Public Peace, Morals, and Safety) of the. Palo Alto Municipal Code is hereby amended to read as follows: 9.48.040 Throwing rubbish on streetsDiscarding rubbish, dirt, leaves, debris or discarded material on streets or other public or private properties. , . No person shall put, place, sweep, throw, brush,L blow or in any other manner deposit any rubbish, dirt:- leaves, debris or discarded material of any kind or character upon any sidewalk, street, alley, gutter or other place. in the city, nor shall any person throw, sweep, blow or brush any sidoialk rubbish, paper sweepings, leaves or dirt from any residence or other building or grounds onto any sidewalk, street or alley or onto any other public or private property without authorization. SECTION ~ 3. This ordinance project --::----,------having potential effects upon 1 000114 syn 0043972 does the not constitute a environment and therefore does not require environmental review under the California Environmental Quality Act. SECTION ~ 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Senior Asst. City Attorney Police Chief 2 000114 syn 0043972 '- trained and certified. Due to the large numbers, the training/certification process took significantly longer than originally anticipated. A part-time Community Service Officer (CSO) position was approved in the FY 2000-01 budget to assist with the proactive enforcement. This position was filled in March 2001, and Council approval was obtained for enforcement authority for CSOs under the City's administrative penalty process. Due to other changes in the noise ordinance regarding construction noise, training for CSOs and officers was delayed until December 2001. As a result, full proactive enforcement efforts actually began in the first part ofthis calendar year. Enforcement efforts have focused on use of approved blowers (checks of manufacturers' labels and model numbers), . gardener certification, and time and day of use. . The number of calls-for-service related to leaf blowers is decreasing. For the time period- between January through April ofthis year, there were 37 calls-for-service compared to 48 for the same time in 2001. Using this number to forecast for the entire year, calls-for-service would total 89. This would compare to 131 for the entire year of2001. This year, no warnings have been given, but seven citations were issued compared to five warnings last year and only one citation last year. For the next few months, -a police reserve officer will be used to enhance the proactive .enforcement of the ordinance. DISCUSSION In previous status reports, staff discussed a $1.5 million grant awarded to the Los Angeles Department of Water and Power (LADWP) for the development of an alternative battery- powered blower. The original design of the new electric blower was 99 percent complete as of November 2000, and distribution of 1,500 pre-production test units was to occur by late fall or winter of 200 1. Unfortunately, the LADWP project was delayed for at least a year, due to the selected manufacturer's inability to produce the unit as designed. A representative ofLADWP indicated the agency is preparing to award a contract with a manufacturer. If all goes well, it expects to see first generation production by February 2003. It has apparently solved the weight issue associated with the battery. However, due to the type ofbattery being considered, the cost for the blower and one battery is expected to be about $800. It is initially planning on providing these blowers to Los Angeles City crews and contractors. It is possible it may offer other governmental agen~ies the ability to purchase the blowers several years after that. While it currently has no plans to provide them to commercial gardeners, that possibility is being -discussed with prospective manufacturers. CMR:265:02 Page 3 of 7 A year ago, only three manufacturers produced a total of six gas-powered leafblowers that met the 65 dBA level. This year, there are four manufacturers that produce seven gas-powered blowers that are rated 65 dBA or less. Impact of Leaf Blower Prohibition The ·next phase of the ordinance, the complete prohibition of gas-powered leaf blowers in residential areas, is scheduled to take effect on July 1, 2002. Staff is recommending that Council postpone this provision .of the ordinance until July 1, 2005. The reasons for this recommendation ar~ two-fold. The ban of gas-powered leafblowers in residential areas would result in a substantial financial impact on the City's Community Services and Public Works Departments. Crews in both of these departments currently use City~approved gas-powered leaf blowers for a great deal of their work. In order to maintain the same level of cleanliness in the City, staff estimates that the ban on these blowers and the resultant switch to perfonning this work manually would increase costs by over $2 million. In light of the current economy and the City's budget situation, staff is recommending the postponement of the leaf blower ban in order to avoid the substantial expense that the City would incur. Secondly, because the technology which would enable the switch from gas-powered to electric or battery-powered leaf blowers is not yet available, a ban on gas-powered leaf blowers in residential areas would create a tremendous hardship on the part of commercial gardeners. In recent discussions with representatives from BAGA and CLCA, staff determined that many gardeners already have felt the effects of the economy as a number of their clients have . discontinued their service. As a result of the current ordinance, almost all gardeners working in Palo Alto have already purchased the quieter, City-approved blowers. A prohibition of gas- powered blowers in residential areas would require gardeners to either raise their rates or reduce the number of clients in order to get the work done. Either alternative would pose significant financial problems for the gardeners. While staff considered several alternative effective dates, the three-year postponement is recommended due to the following: While hopefully both the City and the country's economic situation will turnaround in the next year or so, there are still many uncertainties especially due to the State's budget issues. Assuming the City's financial situation improves for 2004, due to the number of cost savings strategies that the City has implemented, there will be a number of things that the City has deferred that would need to be addressed prior to costs associated with the prohibition of gas-powered leaf blowers. Some examples include the City's deferment of the costs associated with the replacement of vehicles and computers for CMR:265:02 Page 4 of 7 . ; another year and the freezing of 13 positions. Staffbelieves that the priority to address . expenditures for those deferments would be higher than those associated with the prohibition of gas-powered leafblowers. Additionally, the Council has~een discussing a number of new programs and projects such as additional library staffing atld other capital projects that will require funding. Staff believes that in three years, the Council will have more definitive information to use for prioritizing those programs and projects. The postponement until 2004 should allow ample time to address these concerns and issues. The information coming from LADWP about the development of a quieter, battery- powered leaf blower is encouraging. However, it will be at least another three years before other cities may be able to purchase them anq. another four years before commercial gardeners may be able to obtain them. California Air Resources Board Report In 1999, the California legislature requested that the California Air Resources Board prepare a report on the' potential health and environmental impacts of leaf blowers to include recommendations for alternatives if alternatives were deemed necessaf'j. A draft report was prepared and discussed at several public meetings. In February 2000, the final report was published. The report made no recommendations for alternatives and stated that, based upon the lack of available data, conclusions regarding the impacts ofleafblowers are premature. The report indicated that exhaust standards already in place have reduced exhaust emissions and manufacturers have significantly reduced carbon monoxide emissions further than required by standards. While the report included information that fugitive dust emissions were problematic, because there is not enough reliable data on the dust emissions from vacuums, brooms, and rakes, recommendations regarding alternatives to leaf blowers could not be made. The authors of the report suggested that a more comprehensive understanding ofthe noise and the amount of dust particulates would be obtained through a complete fugitive dust emission study. However, such a study would cost over $lmillion to complete and would take two to three years to complete. To date, the Legislature has not directed such a study to be undertaken. RESOURCE IMPACT Attachment A depicts the projected increased costs for City crews and contractors to maintain the current level of cleanliness should the July 1, 2002 combustion-powered leaf blowers in residential areas remain in place. These costs are currently not in the proposed 2003-2004 budget. At the Finance meeting of May 6, 2002, the Committee tentatively approved the CMR:265:02 Page 5 of 7 CITY MANAGER APPROV AL:~.· tL.£) EMIr HARRISON Assistant City Manager CMR:265:02 Page 7 of 7 AREAS BLOWERS USED Public Works City Parking Lots (Downtown, Civic Center, Cubberley) Misc. Parking Lots Bike Paths Dead Ends Downtown Sidewalks . Tree Trimming Tree Trimming In- house Subtotal Community Services Tennis Courts Downtown Tree Wells Parks City Hall Plaza Other City Facilities *Total of all in this Section Athletic Fields City Facilities Higher Usage *Total of all in this Section Golf Course Subtotal TOTAL ATTACHMENT A PROJECTED CITY COSTS 2003 WITH CURRENT JULY 1,2002 PROHIBITION FREQUENCY CURRENT ESTIMATED COSTS COSTS IIweek $17,650 $ 36,308 IIweek $24,304 $ 50,344 IIweek $ 4,592 $ 9,512 IIweek $ 2,520 $ 5,220 3/week $ 8,960 $ 27,840 Varies $14,000 $ 29,000 Varies $14,000 $ 29,000 $86,026 $187,224 2/month 3/week 5/week 3/week 3/week $ 490,000* $1,960,000* 3/week 3-5/week $ 50,400* $ 263,900* 5/week $ 20,220 $ 31,755 $ 560,620 $2,255,655 $ 646,646 $2,442,879 CONTRACTOR Yes No No No No Yes No Yes Yes Yes Yes Yes No No ATTACHMENT B Cupertino 40S.777.31S2 Jeff Tribas Code Enf 2001 Gas & Electric No Noise allowed M-F SAM -SPM No specific They tried to Officer are allowed Weekends from 9AM dBL, but have pass an Enforcement: either the Code to run at least ordanance to Enforcement Officer or Deputy amount of ban all Sherif is dispatched. Knows of no noise and blowers a few citations being written -just verbal. . lowest speed years ago, but as possible didn't get and have a passed. muffler on the Knows of no blower. current plans to change the code. Del Mar 858-793-3072 Mike Emerson 1989 Gas & Electric No None None No Hermosa 310-318-0360 Terri Dinubilo 2001 Gas & Electric No None None No Beach Hillsborough 650.375.7470 http://bpc.iserver.net/co 1994 Gas & Electric No . M-F 9 AM - 5 PM; Sat & Sun not 75 dBA; No; des/hillsbo/index. htm allowed allowed. emmissions Ordinance allowed No. 8.32.040 Indian Wells 760.836.3215 http://www.amlegal.com 1995 Gas except on No M-F 7 AM - 5 PM; Sat 8 AM - 5 70 dBA, no No !indian_wells_cal golf courses PM; Sun not allowed mention of emissions Laguna 949.497.0382 http://www.lagunabeach 1993 Gas & Electric No None None No Beach city.net/search/municipa Icode.htm Lawndale 310.219.2750 Jorge Juarez 1997 Gas No Seven days a week between 7 AM No mention No to 6PM Los Altos 650.947.2772 CSO, Code 2001 Gas NO M-Sat 7 AM -7PM; Sun allowed 50 75 dBA; 50 on Yes wlin one Enforcement Janice dBA Enforcement: They used to Sun; year; want to Torsha send out a CSO, but they rarly emmissions mention cought the violator. Now (seven allowed he/she has to months ago they canged the way have updated they enforce) when someone calls equipment, in to complain, they fill out a enforcing warning and send it to the under Noise homeowner. If they are found in and low violation again, they receive a emissions citation. The homeowner then sets --the qardner straiqht. ATTACHMENT 8 Los Gatos 408.354.5257 Roy Alba None Gas and No . Leaf blowers shall be operated only No mention He hasn't Electric is during the hours of 8:00 a.m. to heard of any allowed 8:00 p.m. weekdays and 9:00 a.m. plans for to 7:00 p.m. weekends and changing the holidays in residential or noise ordinance sensitive zones. The use of regarding leaf powered equipment in commercial, blowers. industrial or public space shall not be time limited. Enforcement: They don't respond unless it's out the time limit. An officer will be dispatched. Los Angeles 213.847.4882 http://lacodes.lacity.org/ 1998 Gas & Electric No Seven days a week between 7 AM 65 dBA; no No I NXT Igateway.dll?f=tem allowed, but to 10PM mention of plates&fn=default. htm no gas emissions allowed within 500 ft of residence Malibu 310.456.9982 http://municipalcodes.le 1999 Gas No Seven days a week 7AM -10PM; No mention No xisnexis.com/codes/mali not allowed within 500 ft of bul residence Menlo Park 650-330-6376 http://ordlink.com/codes 1999 Gas & Electric No M-F 8AM to 5PM; Sat 11AM to 65 dBA; no No Liz Fambrini Imenloparkiindex. htm allowed 3PM; not allowed on Sundays, mention of Code holidays; and on Spare the Air emissions Enforcement Days. Electric and Gas can be Officer used by the homwowner on Sat. Enforcement: Code Enforcement Officer or patrol goes out and tickets. The primary responsibly person is the homeowner. Mill Valley 415-389-4100 http://www.cityofmillvalle 2001 Gas No M-F 7 AM - 9 PM; Sat & Sun 9 AM 80 dBA; no No y.org/municode-9 PM; mention of main.html emissions ATTACHMENT B Milpitas 586-2525 Sgt. Nobida 1997 Gas & Electric No 7:00 a.m. to 7:00 p.m. on No mention allowed weekdays and weekends. What constitutes a public nuisance if said violation disturbs the peace and quiet of one (1) or more persons in at least two (2) households. (Ord. 196.5 (part), 10/7/97; Ord. 196 (part), 6/7/77) Monte 408.354.7635 She didn't Gas & Electric No It shall be unlawful for any person No mention No talk of ! Sereno know and allowed within a residential zone other than updating it it's not the owner or the tenant of the anytime soon. mentioned property, as the case may be, to in the operate any portable machine Muni powered with a gasoline engine or Code. by electricity used to blow leaves, dirt, grass cuttings, paper, trash,or any other type of unattached debris or material off sidewalks, driveways, lawns, or other surfaces before the hour of 8:00 a.m. or / after the hour of 5:00 p.m. on any Monday through Friday; or before the hour of 9:00 a.m., or after the hour of 5:00 p.m. on any Saturday; or any time on Sundays or public holidays. Enforcement: Los Gatos police officer will be dispatched. ! Mt. View 650-526-7713 ? Don't have Gas & Electric No 24X 7 Allowed No one allowed Palos Verde~ 310-544-5228 http://www.palosverdes. No mentio Gas & Electric No M-F 8AM to 5PM; Sat 9AM to 4PM; No mention No com/rpv/cityclerklmunid allowed not allowed on Sundays, holidays atabase/index. cfm Piedmont 510.420.3010 http://www.ci.piedmont.c 1990 Gas Yes No mention No mention No a.usl Redwood Cit 650.780.7100 ? Don't have Gas & Electric No 24X 7 Allowed No one allowed '------ ATTACHMENT B San Jose 408.277.4 703 Code Enforcement Don't have Gas & Electric No Blowers being used prior to 8 a.m. Allowed The issue was Officer Jamie Matthews one allowed -or after 10 p.m. may be considered brought or Sandra Ketchum a disturbance and regulated based before the on call priority by SJPD City Council a number of years ago and the Council was met by significant concern by nrlrrlpninn San Mateo 522-7710 Leon Nickolas, Code 1997 Gas & Electric Yes No mention of No Enforcement allowed dBA, but does state lowest speed and have to use a nozzel. Santa Clara 408.615.4700 Allison Don't have Gas & Electric No Allowed No one allowed Santa Monic 310-395-9931 http://www.codemanage 2004 Gas & Electric No M-F 7 AM to 10PM; Sat & Sun 8AM 65 dBA; no No .com/santamonica/ allowed to 10PM. Commercial: 27 X 7 from mention of 7AM to 10PM emissions Saratoga 408-868-1200 Jenna Code 2000 Gas No Gasoline powered leaf blowers No mention Enforcement Specialist may be utilized between 8:00 A.M. and 5:00 P.M. Monday through Saturday only. No gasoline powered leaf blowers shall be allowed on Sundays. The noise level of all garden tools including gasoline powered leaf blowers shall not exceed seventy-eight dBA at any point twenty-five feet from the source of noise. ATTACHMENT B Sauth 626.403.7270 http://www.cademanage 1996 Gas N Leaf Blawers -SPMC 19A12 Na mentian N Pasadena .cam!sauthpasadena! prahibits the use .of gasaline pawered leaf blawers. Electric .or battery pawered leaf blawers may .only be .operated between weekdays 8:00 AM. ta 7:00 P.M. and weekends 10:00 AM. ta 7:00 P.M Santa 805.897.2300 httQ:llwww.secure.ci.san 1997 Gas Na M-Sat 9AM ta 5PM; Sunday and 65 dBA; na Na Barbara ta-Halidays, nat allawed mentian .of barbara.ca.us/deQartme emissians nts!administrative servi ces!city clerklmunicade /titles/sbmc title 09 QU blic Qeace and safety. doc Sunnyvale 408.730.7100 http://municipalcades.le 2000 Gas & electric No Operate between the haurs .of 8:00 65 dBA; na Na xisnexis.com/cades/sun allawed a.m. to 8:00 p.m. Effective mention of nyvalel .or Rabin Smith January 1, 2000, all leaf blowers emissians operated in or adjacent ta a residential area shall .operate at .or below a noise level .of 65 dBA at a distance of 50 feet. Enforcement: A swarn officer would be dispatched and cite the Qardner. West 323.848.6371 http://nt2.scbbs.cam/cgi-1990 Gas & electric Na Nane Nane Na Hollywaod bin/omjsapi.dll?clientl D =118885&infabase=pro code- 6&saftpage=reCMainVi ew NOT YET APPROVED operate any leaf blower within any non-residential zone except during the following hours: eight a.m. and six p.m. Monday through Friday, and ten a.m. to four p.m. Saturday. No person shall operate any leaf blowers 011. Sundays and holidays. No person shall operate any leaf blower powered by an internal combustion engine wi thin any residential zone after December .31-,-2005. Conunercial operators of leaf blowers are prohibited from operating any leaf blower within the city if they do not prominently display a certificate approved by the Chief of Police verifying that the operator has been trained to operate leaf blowers according to standards adopted by the Chief of Police. In addition to all authorizations and restrictions otherwise provided in this chapter, public streets, sidewalks I and parking lots in business districts and at the Municipal Golf Course and all city parks may be cleaned between 4: 00 a.m. and 8:00 a.m. using leaf blowers which bear an affixed manufacturer's label indicating the model number of the leaf blower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing American National Standard Institute methodology. SECTION 3. This ordinance does not constitute a project having potential effects upon the environment and therefore does not require environmental review under the California Environmental Quality Act. SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: 2 050524 syn 0120026