HomeMy WebLinkAbout2000-04-10 City Council (12)TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT:
City of Palo Alto
POLICE
7
DATE:APRIL 10, 2000 CMR:202:00
SUBJECT:SECOND READING OF ORDINANCE AMENDING PALO ALTO
MUNICIPAL CODE CHAPTER 9.10 MODIFYING LEAF
BLOWER REGULATIONS AND PUBLIC PROPERTY NOISE
LIMITS AND CHAPTER 9.48 PROHIBITING THE BLOWING OF
DEBRIS ONTO ADJACENT PROPERTIES
RECOMMENDATION
Staff recommends that the Council confirms changes made to the original leaf blower ordinance
and intended by Council to be incorporated in the second reading of the leaf blower ordinance.
BACKGROUND
On January 31, 2000, the City Council approved an ordinance that amended the Palo Alto
Municipal Code regulating leaf blowers. At that time, the Council made some changes to the
draft ordinance. The attached ordinance reflects the changes made by the Council for inclusion
for the second reading. This report highlights the changes Council made at the first reading and
clarifies the ramifications of the changes.
DISCUSSION
With the changes made by Council, use of leaf blowers will be subject to the following
restrictions:
Fuel-Powered Leaf Blowers: Use of fuel-powered leaf blowers by any person, including
residents, will be prohibited in residential areas after July 1, 2001. Residential areas include all
properties located within RE, R1, R2, RMD, RM-15, RM-30, RM-40 and Planned Community
(PC) zoning districts. Fuel-powered leaf blowers may be used in non-residential areas Monday
through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 10:00 a.m. and 4:00 p.m.
CMR:202:00 Page 1 of 4
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 leaf blower 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 of leaf blower 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 9.10.060(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 of 9:00 a.m. and 5:00 p.m., Monday through Saturday and 10:00 a.m.
and 4:00 p.m., Sundays and holidays. Beginning on January 1, 2001, both electric and 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 9.10.050 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 (OPEI) 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 - Staff will 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 for a 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 of leaf blowers for environmental protection purposes.
ATTACHMENTS
Ordinance
PREPARED BY:Lynne Johnson, Assistant Police Chief
DEPARTMENT HEAD:
Patrick Dwyer, Chief
CITY MANAGER APPROVAL:
Emily I-~son, Assistant City Manager
CMR:202:00 Page 4 of 4
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 9.10 OF TITLE 9 (PEACE, MORALS,
AND SAFETY)OF THE PALO ALTO MUNICIPAL CODE
REGULATING NOISE FROM LEAF BLOWERS
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION I. The Council hereby finds as follows:
(a) Leaf blowers are commonly used for commercial as
well as residential landscape maintenance to the extent that they
are viewed as being economically essential to professional
contractors, but they present a unique nuisance because of the
character and volume of their noise and pollution emissions and
the dust and debris they project as well as the d~mage they do to
topsoil.
(b) Existing restrictions on leaf blower noise emission
in Chapter 9.10 of the Palo Alto Municipal Code constrained all
gasoline powered leaf blowers to seventy-five dBA and allowed
their use only between nine a.m. and five p.m. Monday through
Saturday and from ten a.m. through four p.m. on Sundays and
holidays. Electric powered 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.mo to six p.m. on Sundays
and holidays.
(c) Increasing citizen complaints about the noise, dust,
and debris emitted from leaf blowers have led to extensive staff
investigations of the need and feasibility for further
restricting leaf blowers. These investigations have confirmed
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 leaf blowers to sixty-five dBA at fifty feet
using ANSI standards. Electric leaf blowers were recommended to
000217 syn 0043971
be constrained in both residential and non-residential zonesto
the hours of eight a.m. to six p.m. Monday through Friday and ten
a.m. to four p.m. on Saturday, with no allowance for electric
leaf blowers on Sundays or holidays. However, in recognition of
the greater noise emissions typical of internal combustion
powered leaf blowers, staff recommended that these be further
constrained to operation in residential as well as non-
residential zones between eight a.m. and five p.m. Monday through
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 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 e~ nine a.m. to ~ f±ve p.m. Monday through Friday
and ten a.m. to f~ur 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 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 i, 2001. In order to provide a further
transitional period for the additional prohibition aqainst the
use of leaf blowers powered by internal combustion engines within
000217 syn 0043971
residential zones, this Council has determined that this
prohibition should become effective on Jul7 i, 2001.
(i) The City Manager is directed to report to Council in
October 2000 and April 2001 concerning the implementation of the
amendments effected by this ordinance.
SECTION 2.Chapter 9.10 (Noise of Title 9
(Public Peace, Morals, and Safety). of the Palo Alto Municipal
Code is hereby amended to read as follows:
9.10.010 Declaration of policy.
It is hereby declared to be the policy of the
city that thepeace, health, safety and welfare of the
citizens of 9alo Alto require protection from
excessive, unnecessary and unreasonable noises from any
and all sources in the community. It is the intention
of the city council to control the adverse effect of
such noise sources on the citizen under any condition
of use, especially those conditions of use which have
the most severe impact upon any person.
9.10.020 Definitions.
For the purposes of this chapter, certain terms
are defined as follows:
(a) "Sound level," expressed in decibels (dB),
means a logarithmic indication of the ratio between the
acoustic energy present at a given location and the
lowest amount of acoustic energy audible to sensitive
human ears and weighted by frequency to account for
characteristics of human hearing, as given in the
American National Standards Institute Standard SI.I,
"Acoustic Terminology," paragraph 2.9, or successor
reference. All references to dB in this chapter utilize
the A-level weighting scale, abbreviated dBA, measured
as set forth in this section.
(b) "Precision sound level meter" means a device
for measuring sound level in decibel units within the
performance specifications in the American National
Standards Institute Standard SI.4, "Specification for
Sound Level Meters."
(c) "Noise level" means the maximum continuous
sound level or. repetitive peak sound level, produced by
a source or group of sources as measured with a
precision sound level meter. In order to measure a
noise level, the controls of the precision sound level
000217 syn 0043971
3
meter should be arranged to the setting appropriate 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:
(i) Thirty dBA for interior noise in Section
9.10.030(b); (2) Forty dBA in all other sections. If a
significant portion of the local ambient 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, protect or save lives
or property from imminent danger of loss or harm.
................ ~Leaf blower" means any
p bl hi ~ "~’~ .....~ .....~dorta e mac ne .....c ..........~ use 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~
~~ lcaf ~ .....lawnmower,dg............... , generator,he e
trimmer, edger, or any other similar tool ordevice
(other than leaf blowers).
(j) "Residential zone" means all lands located
within the followinq zoninq districts: RE, RI, R2,
RMD, RM-15, RM-30, and RM-40; "residential zone" also
means any lands located within Planned Community (PC)
zoninq districts actually used for authorized
residential purposes. Any zoninq district other than
those defined as residential zones are classified as
non-residential zones for purposes of this chapter.
4
000217 syn 0043971
(k)~Holida~’ means and includes New Year’s
Day (January I), Martin Luther Kinq Day (the third
Monday in January), Washinqton’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 Ii), Thanksgivinq
Day (the fourth Thursday in November), and Christmas
Day (December 25).
9.10.030 Residential property noise limits.
(a) No person shall produce, suffer or allow to
be produced by any machine, animal or device, or any
combination of same, on residential property, a noise
level more than six dB above the local ambient at any
point outside of the property plane.
(b) No person shall produce, suffer or allow to
be produced by any machine, animal, or device, or any
combination of same, on multi-family residential
property, a noise level more than six dB above the
local ambient, three feet from any wall, floor, or
ceiling inside any dwelling unit on the same property,
when the windows and doors of the dwelling unit are
closed, except within the dwelling unit in which the
noise source~or sources may be located.
9.10.040 Commercial
limits.
and industrial property noise
No person shall produce, suffer or allow to be
produced by any machine or device, of any combination
of same, on commercial or industrial property, a noise
level more than eight dB above the local amb£ent at any
point outside of the property plane.
9.10.050 Public property noise limits.
(a) No person shall produce, suffer or allow to
be produced by any machine or device, or any
combination of same, on public property, a noise level
more than fifteen dB above the local ambient at a
distance of twenty-five feet or more from the property
lp_~, unless otherwise provided in this chapter.
(b) Sound performances and special events not
exceeding eighty dBA measured at a distance of fifty
feet are exempt from this chapter when approval
therefor has been obtained from the appropriate
000217 syn 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:
(i) 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
within a structure on the property, the measurement
shall be made outside the structure at a distance as
close to twenty-five feet from the equipment as
possible.
(2) The noise level at any point outside of
the property plane of the project shall not exceed one
hundred ten dBA. Posting notice of construction hours
is required. The holder of a valid construction permit
for a construction project within this city, which
project is located within five hundred feet of any
residential zone, shall post a sign at all entrances to
6
00~17 syn ~43971
the construction site upon commencement of
construction, for the purpose of informing all
contractors and subcontractors,their employees,
agents, materialmen and all other persons at the
construction site, of the basic requirements of this
chapter.
(A) Said sign(s) shall be posted at least
five feet above ground level, and shall be of a white
background, with black lettering, which lettering shall
be a minimum of one and one-half inches in height.
(B)Said sign shall read as follows:
CONSTRUCTION HOURS
(includes any and all deliveries)
MONDAY-FRIDAY
SATURDAY
SUNDAY/HOLIDAYS
8:00 a.m. to 8:00 p.m.
9:00 a.m. to 8:00 p.m.
i0:00 a.m. to 6:00 p.m.
NOISE LIMITS
I. NO individual piece of equipment shall exceed
ii0 dBA, measured 25 feet from such equipment.
2. Noise level at any point outside of the
construction property plan shall not exceed ii0 dBA.
Violation of this Ordinance is a misdemeanor
punishable by a maximum of six. months in jail, $i,000
fine, or both. Violators will be prosecuted. P.A.M.C. §
910. 060 (b).
(c) Construction on Residential Propegty.
Construction, alteration,demolition or repair
activities conducted on residential property,
authorized by valid city permit, shall be allowed only
during the hours of eight a.m. and six p.m. Monday
through Friday, nine a.m. and six p.m. on Saturday, and
ten a.m. and six p.m. on Sundays and holidays, if they
meet the following standards:
(I) 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
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.
000217 syn 0043971
(2) The noise level at any point outside of
the property plane of the project shall not exceed one
hundred ten dBA.
(d) Other Equipment. Equipment used by city
employees,city contractors, or public utility
companies or their contractors, not covered by
subsections (b) and (c) of this section, shall be
allowed during the same hours as the exceptionset
forth in subsection (b) of this section, providingno
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 Po~;crcd Leaf Blowers.
(I) Until July I, 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.
(2) On July I, 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 I, 2000 and January 1,
2001, no person shall operate an electric powered lea~
blower which produces a noise level in excess o~
seventy-five dBA when measured from a distance o~
twenty-five feet,and no person shall operate an
electric powered leaf blower except during th~
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
desiqnatinq a noise level not in excess of sixty-five
dBA when measured from a distance of fifty feet
utilizinq American National Standard Institute
000217 syn 0043971
methodology. Any leaf blower which bears such a
manufacturer’s label shall be presumed to comply with
any noise level limit of this chapter provided that 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 extension tubes supplied by
the manufacturer for that leaf blower. No person shall
operate any leaf blowers except during the following
hours: nine e-i~ a.m. and five ~ p.m. Monday through
Friday, and ten a.m. and four p.m. Saturday. No person
shall operate any leaf blowers on Sundays and holidays.
No person shall operate any leaf blower powered by an
internal combustion engine within any residential zone
after July I, 2001. No person shall operate any leaf
blower powered by an internal combustion engine within
non-residential zone except during the following hours:
eight a.m. and six p.m. Monday through Friday, and ten
a.m. to four p.m. Saturday. Commercial operators of
leaf blowers are prohibited from operating any leaf
blower within the city .if they do not prominently
display a certificate approved by the Chief of Police
verifying that the operator has been trained to operate
leaf blowers according to standards adopted by the
Chief of Police. In addition to all authorizations and
restrictions otherwise provided in this chapter, public
streets, sidewalks, and parking lots in business
districts and at the Municipal Golf Course and all 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. ~The restrictions on leaf blowers contained
in this subsection (f) (4) shall become effective on and
after January I, 2001, except that the prohibitions on
the use of leaf blowers powered by internal combustion
engines shall become effective on and after July I,
2001.
(g) Street Sweeping. Street sweeping activities
are allowed between the hours of ten p.m. and seven
a.m. daily, provided they do not produce a noise level
in excess of ninety-five dBA, or local ambient, when
measured at a distance of twenty-five feet from the
street sweeper.
(h) Refuse Collection. Refuse collection
activities shall be permitted between the hours of four
a.m. and nine p.m. daily, provided they do not produce
000217 syn 0043971
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 than three dBA above the standard or minimum
level stipulated by law.
(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,
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 i, 1989, and
seventy-five dBA measured at a distance of twenty-five
feet thereafter.
(1) Business District Street Cleaning. Cleaning
equipment(other than leaf blowers), when used in public
streets in business districts shal~ 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 distance of twenty-five feet until July
I, 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 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.
000217 syn 0043971
10
9.10.080 Violations.
Any person who violates Section 9.10.060(e) or
9.10.060(f) shall be guilty of an infraction. Any
person who violates any of the other provisions of this
chapter shall be guilty of a misdemeanor.
SECTION 3. This ordinance does not constitute a 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:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Police Chief
000217 syn 0043971
11
FROM CITY ATTORNEY
February 17, 2000
THE HONORABLE CITY COUNCIL
Palo Alto, California
RE :Ordinance of the Council of the City of Palo Alto
Amending Chapter 9.10 of Title 9 (Peace, Morals,
and Safety) of the Palo Alto Municipal Code
Requlating Noise from Leaf Blowers
Dear Members of the Council:
Attached for Council consideration at the second
reading of the ordinance regulating leaf blowers is a
modification which implements the changes directed by Council at
first reading on January 31, 2000.
This revision Changes the permitted hours of operation
for all leaf blowers (gas and electric) commencing January I,~
2001; instead of the permitted hours being eight a.m. to six
p.m. Monday through Friday, the permitted hours are shortened to
nine a.m. to five p.m.
The revision defers the effective da~e for prohibiting
gas powered leaf blowers in residential zones to July I, 2001.
That revision will preclude city staff and contractors from
using gas powered leaf blowers for cleaning public streets,
sidewalks,, parking lots, and parks in residential zones after
July I, 2001, as well.
In order .to remove any question concerning the
regulations applicable to leaf blowers until these changes take
effect in 2001, PAMC 9.10.060(f) has been revised by the City
Attorney to specifically maintain the existing noise and hour
restrictions for gas powered leaf blowers and apply those same
noise and hour restrictions to electric leaf blowers.
00(~217 syn 0043990
THE HONORABLE CITY COUNCIL
February 17, 2000
Page 2
RE :Ordinance of the Council of the City of Palo Alto
Amending Chapter 9.10 of Title 9 (Peace, Morals,
and Safety) of the Palo Alto Municipal Code
Regulating.Noise from Leaf Blowers
Finally, this revision incorporates the Council’s
direction to the City Manager for reports at six month intervals
concerning implementation of these noise ordinance changes. The
first report in October 2000 will identify the specific models
of both gas and electric leafblowers that meet the 65 dBA
standard and are therefore allowed to operate after January I,
2001.. A citizen outreach program will be.developed to warn not
just commercial gardeners but also all residents about that
prohibition on using leaf blowers which do not meet the 65 dBA
standard after January I, 2001. The report will’ explain that
outreach program, as well as describe the commercial gardener
training and certification program that will need to be
implemented before the certification requirements become
effective on January I, 2001.
APC:WBM:syn
Respectfully submitted,
/s/
ARIEL PIERRE CALONNE
City Attorney
Senior AsstKC~ty A~to~ney
Attachment
000217 syn 0043990
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING 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
follows:
The Council of the City of Palo Alto does ORDAIN as
SECTION I.The Council hereby finds as follows:
(a) The existing provisions of 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 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 leaf 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 and
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 ~ .....~........ ng 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~
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 sidcwalk rubbish, paper
sweepings, leaves or dirt from any residence or other
building or qrounds onto any sidewalk, street or alley
or onto any other public or private property without
authorization.
SECTION % 3. This ordinance does not constitute a~
project having potential effects upon the environment and
000114 syn 0043972
therefore does not require environmental
California Environmental Quality Act.
review under Jhe
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
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Police Chief
000114 syn 0043972