HomeMy WebLinkAbout2000-12-31 City Council (9)City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT:POLICE 8
DATE:
SUBJECT:
JANUARY 31, 2000 CMR:120:00
APPROVAL OF ORDINANCES AMENDING PALO ALTO
MUNICIPAL CODE CHAPTER 9.10 MODIFYING LEAF
BLOWER REGULATIONS TO INCLUDE A BAN OF FUEL-
POWERED LEAF BLOWERS IN RESIDENTIAL AREAS,
CHAPTER 9.10 RELATED TO’PUBLIC PROPERTY NOISE
LIMITS AND CHAPTER 9.48 PROHIBITING THE BLOWING OF
DEBRIS ONTO ADJACENT PROPERTIES,
REPORT IN BRIEF
In response to Council direction, staff has prepared draft ordinances amending two current
ordinances. The amendment to Chapter 9.10 would ban the use of fuel-powered leaf blowers
in residential areas effective January 1, 2001, and the amendment to Chapter 9.48 would
prohibit the blowing of debris onto adjacent properties. Staff also recommends adoption of an
amendment to Chapter 9.10 defining allowable public property noise limits. This report
provides a description of the elements of the amendments and updated information on the
California Air Resources Board report and recent actions by other cities.
CMR:120:00 Page 1 of 8
RECOMMENDATION
At City .Council direction, staff has p~epared draft ordinances amending Chapter9.10 of the
Palo Alto Municipal Code that would prohibit the use of fuel-powered leaf 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 amendrn_ent to Chapter 9.10 include more specific language regarding
public property noise limits.
BACKGROUND
In January 1998, 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 leaf blowers. 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, staff has included some of
the other elements from the list of original recommendations. This report provides a description
oft he 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 Within RE, R1, 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 of 8
designated residential zones would mean that fuel-powered blowers could be used in PF zones,
parks, at schools, the majority.of the downtown area, the California Avenue business district,
¯ and the Midtown business district, among others. Staff reviewed other potential definitions of
r(sidential areas but did not find any others that could clearly be defined for enforcement
purposes or understood by the public
Fuel-powered leaf blowers that have a manufacturer’s label designating the model number and
certifying that they do not produce noise levels in excess of 65 clBA when measured at 50 feet
using ANSI standards may be used in other zoning districts other than those listed above. They
may be used between the hours of 8:00 a.m. and6:00 p.m. on weekdays, and 10:00 a.m. and
4:00 p.m. on Saturdays. Electric and/or battery-powered leaf blowers that display a
manufacturer’s label confirming that they do not exceed noise levels in excess of 65 dBA when
measured at 50 feet using ANSI standards may be used by any person between 8:00 a.m. and
6:00 p.m. on weekdays and between 10:00 a.m. and 4:00 p.m. on Saturdays. The use of any
type of leaf blower by any person would be prohibited on Sundays and holidays. As defined by
the ordinance, holidays are the major ones normally observed by municipalities. City crews and
contractors would be allowed to clean the listed public areas between 4:00 a.m. and 8:00 a.m.
City crews would be allowed to use fuel-powered blowers only in non-residential areas as
defined by the proposed amendment.
All users must operate the leaf blowers with all mufflers and full extension tubes that are
provided by the manufacturers.
Only those commercial users of leaf blowers, electric and fuel-powered, who have received
training and who have been certified by a Police Department approved process will be allowed
to operate them within the City.
The proposed amendl:nent to Chapter 9.48 would prohibit the blowing, sweeping, or placing of
debris onto adjacent properties. The ordinance already prohibits the blowing, sweeping, or
placing of debris in City streets.
Enforcement
Pending Council approval, staff would intend on conducting enforcement on a proactive basis
as described in CMR: 139:99.
During enforcement efforts, police staff would look for the following: 1) the commercial users
training certificate; 2) the manufacturer’s label indicating model numbers and ANSI noise level
ratings of all blowers; 3) the zoning designations of the location fuel-powered blowers are being
CMR:120:00 Page 3 of 8
used; 4) compliance with the use of mufflers and extension tubes; and 5) where debris is being
.blown. Police staff will no ionger use noise meters to determine the noise levels of leaf
blowers, but will rely on the manufacturer’s labels and the model number of the blowers.
While the definition of residential areas used in the proposed ordinance will be clearly
articulated, staffmust emphasize that it will be very difficult to enforce. Police staffwill have
to.consult.zoning maps when conducting enforcement. Enforcement will become more labor
intensive. Because zone designations intersect.blocks, streets, etc., it is probable that added
explanation to gardeners and residents would be needed. Most commercial gardeners have
little, if any, knowledge about zoning designations and it will take a significant amount of
training to educate them about the locations that they may or .may not use fuel-powered blowers.
Additionally, it may be difficult to explain to residents that fuel-powered leaf blowers use will
be lawful on. one side of the street, but not the other.
Other Considerations
During the Council meeting in November 1999, several other issues were discussed. One issue
concerns the use of leaf blowers on Spare the Air days.~ While staff has not included language
in the proposed amendment that would prohibit their use on these days due to the difficulty in
enforcement of such a regulation, staff intends on helping to educate gardeners and strongly
discouraging their use through proactive efforts on Spare the Air days.
Additionally, Council directed staff to consider ways to publicize the leaf blower hotline, to
prepare periodic reports on leaf blower experiences and complaints, and to promote and
. publicize Spare the Air Days. While a leaf blower hot line does not exist, the Police Department
has taken complaints and tracked the information for a number of years. Staff will continue to
use this information and provide semi-annual reports to the Council. Additionally, staff will
develop a publicity outreach plan that will be ready for implementation at the time the ordinance
becomes effective. The plan will include the publication of the Police Department’s phone
number for complaints, Spare the Air Day information, and a summary of leaf blower
regulations.
Another issue that Council needs to consider deals with the use of fuel-powered generators that
are frequently used by operators of electric leaf blowers. Because many homes and buildings
do not have exterior power outlets, generators are often used as power sources for electric
blowers. The use of these generators would be permitted as long as their noise levels do not
exceed the City’s noise ordinance. Specifically, with the exception of leaf blowers, noise levels
cannot exceed 95 dBA when measured at 25 feet from the equipment. This level is significantly
higher than those of leaf blowers.
CMR:120:00 Page 4 of 8
Under the current ordinance, public property noise limits cannot exceed 15 dBA above the local
ambient when measured at 25 feet. As written, it is ambiguous where the measurements may
15e taken. Staff believes the language included in the amendment clarifies that measurements
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 of leaf blowers has been finalized. 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 concludes, that based
upon the lack.of available data, recommendations for alternatives to ~the use of leaf blowers
would be premature. Further, the report shows 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
of leaf blowers, the report explains that quieter leaf blowers would reduce worker exposure and
any negative impacts on the general public. While 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 created 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 of leaf blowers 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-back/trade-in program, and
established a certification/license component for leaf blower usage.
The City of Sunnyvale amended its ordinance inJune 1999 to include a provision that became
effective January 1, 2000. Its amendment stipulates that leaf blowers usedin 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 of 8
Pending Legislation
There are only three bills currently pending in Sacramento that are associated with leaf blower
regulations and all have been held in Committee. The subject of last 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
blower. Because it is battery operated, all exhaust emissions are eliminated. The battery unit
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 high pitch noise frequently heard in fuel-powered blowers is non-existent.
While a specific ANSI rating 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 for 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 sound 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. Staffalso 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 distributors, BAGA, California Landscape Contractor’s Association, Latino
Gardeners Association of Los Angeles, and the Portable Power Equipment Manufacturers
Association have begun work on the productionof a training video on leaf blower usage. This
CMR:120:00 Page 6 of 8
Coalition is providing the $25,000 to $30,000 to produce a video with the intent on distributed
the video nationwide with every new leaf blower that is sold. Staff has reviewed the draft script
for the video and has been quite impressed with the comprehensive information on safety,
training and blower etiquette.
RESOURCE IMPACT
As mentioned in CMR:352:99, in order to provid~ consistent proactive enforcement, an
additional CSO would be needed to provide seven-day a week coverage. Cost estimates for this
for an initial temporary CSO position and equipment total about $43,000.
.If the Council adopts the amendments as proposed, costs associated with the cleaning of City
parking lots, parks, the Downtown area, California Avenue, Business District, and the golf
course would not significantly change from current levels. An additional $50,000 would be
needed to clean cul-de-sacs and dead end streets in residential areas. If, however, Council
desires to prohibit the use of fuel-powered leaf blowers in areas other than residential, as
described in Attachment D of CMR: 139:99, costs for City crews and contractors to keep these
areas at the current level of cleanliness would increase from about $500,000 to approximately
$1.9 million.
POLICY IMPLICATIONS
The attached amendments are 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
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.
CMR:120:00 Page 7 of 8
ATTACHMENTS
CMR:412:99
Califomia Air Resources Board Final Report
Draft Ordinances
Council,Meeting Minutes - November 15, 1999
PREPARED BY:Lyrme Johnson, Assistant Police Chief
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:/,"
Patrick Dwyer, Chie: ’ of Police
CFleming,(l~t~’Ni
CMR:120:00 Page 8 of 8
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
The .Council of the City of Palo Alto does ORDAIN as
follows: "
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 ~~ ’’....... Discarding
rubbish, di’rt, leaves, debris or discarded material on
streets or other public or private properties.
No person shall put, place, sweep, throw, brushm
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 grounds onto any sidewalk, street or alley
or onto any other public or private property without.
authorization.
SECTION 4 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 the
SECTION ~ 4. This ordinance shall be effective on the
thirty-first day alter 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
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2
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CfTY 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:
SECTION1. The Council hereby finds as follows:
(a) Leaf blowers are commonly, used for commercial as
wel! 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.
(b) Existing restrictions on leaf blower noise emission
in Chapter 9.10 of the Palo Alto. Municipal Code tonstrained 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.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
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
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-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~-~he hours of ten a.m. and four p.m.; their
~peration 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 ~rom 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 teh 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
subject to training and certification aimed at assuring this
equipment is used with the least possible noise and dust impacts.
(g) Inn 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.
000114 syn 0043971
2
sEcTION ~2.~hapter 9.10 (Noise) of Title 9
(Public Peace, Morals, =and~Safety) of the Palo Alto Municipal
Code is hereby amended to read as follows:
~9.10. 010 Declaration of policy.
It is hereby ~declared to be the policy of the
city that the peace, health, safety and welfare of the
citizens of Palo Alto require protection from
excessive, unnecessary .and unreasonable noises from any
and all sources in the community. It is the intention
of the city council to control the adverse effect of
such noise sources on the citizen under any condition
of use, especiallyLthose 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 dBAi 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
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
000114 syn 0043971
3
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, determinatign
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 vertical plane
including the property line which determines the
property boundaries in space.
(g) ."Emergencies" mean essential activities
necessary to restore, preserve, protect or save lives
or property from imminent danger of loss or harm.
(h) "Combustion cngine Leaf blower" means any
portable machine ........~ ,..~ .....~’~ ..............~ ........cng~ne 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, grinderw
............... ;er, qenerator, lawnmower, hedge
trimmer, edger, or any other similar tool or device
(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)
zonin~ districts actually used for authorized
residential purposes. Any zonin~ district other than
those defined as residential zones are classified as
non-residential zones for purposes of this chapter.
O00114 syn 0043971
(k)"Holiday" means and includes New Year’s
Day (January I), Martin Luther King 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 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..I0.050 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
_p~_~_~_, unless otherwise provided in this chapter.
(b) Sound performances and special events not
exceedi~ng eighty dBA measured at a distance of fifty
feet are exempt from this chapter when approval
therefor has been obtained from the appropriate
000114 syn 0043971
governmental entity,- except as provided in Section
22.04.180 of this cod~.
(c) Vehicle horns or other devices primarily
intended to create a loud noise f~r 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. lO. 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 e~ 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.~0.030(a), 9.10.040 and
9.10.050(a) between the hours of eight a.m. and e&ght
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
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for a c’onstruction project within this city, which
project is located within five hundred feet of any
residential zone, shall =post ~ slgn at all entrances to
the construction site .I 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, withblaGk lettering,, which lettering shall
be a minimum of 0~ne and one-half inches in-he!ght.
(B)Said sign shall read as follows: -~
CONSTRUCTION HOURS
::(in&l~des ~ny.99d 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 6:00p.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 Property.
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
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 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 bysubsections(b) and (c) of this section, shall beallowed during the same hours as the exceptionsetforth in subsection (b)~ of this section, providingnopiece of equipment shall produce a noise level which
exceeds one hundred ten dBA, measure.~ 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) Cas Powcred Leaf Blowers r~’~l July ~
..... m.four p ....and
...... ~’" f ’-" dBA
No Derson shall operate any leaf blower which ,does
bear an affixed manufacturer’s label indicatinq the
model nu~er of the leaf blower and desiqnating a noise
level not in excess of sixty-five dBA when measured
from a distance of fifty feet utilizinq ~erica~
National Standard Institute methodoloqy. 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 bv the manufacture~
for that leaf blower. No person shall o~erate any leaf
blower without attachment of all mufflers and full
8000114 syn 0043971
extension tubes supplied by the.manufacturer for that
leaf blower. No person shall operate any leaf blowers
except during the f0119wing hours: eight a.m. and six
p.m. Monday throuqh Friday, and ten a.m. and four p.m,
Saturday. No person shall operate any leaf blowers on
Sundays and holidays. No person shal! operate any leaf
blower powered by an internal combustion enqine within
any residential zone. No person shal! operate any leaf
blower powered by an internal combustion enqine within
non-residential zone except during the following hours:
eight a.m. and six p.m. Monday throuqh Friday, and ten
a.m. to four p.m. Saturday. Commercia! ..operators of
leaf blowers are prohibited from operating, any leaf
blower withi~ the city if they do not prominently
display a certificate approved by the Chief of Police
verifyin~ that the operator has been trained to operate
leaf blowers accordinq to Standards adopted by the
Chief of Police. In addition to all authorizations and
restrictions otherwise provided in this chapter, Dublic
streets, sidewalks, and parkinq 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
labe! indicatinq 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
utilizin~ .American National Standard Institute
methodology. The restrictions on leaf blowers
contained in this subsection shall become effective on
and after January 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
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~
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(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 shall~ be allowed during °
the hours ~f~-~ten~-~p.m. and seven ~a.m., Monday through ~
Friday, providing no~ such piece o’f equipment, shall
produce a noise level .~hat exceeds eighty-two., dBA
measured at a distance of_ .twenty~-fiy@_ feet until July
I, 1989, and-seventy-five dBA measuredat 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.
9.10.080 Violations.
Any person who violates Section 9.10.060(e) or
9.!0.060(f) shall be guilty of an infraction. Any
person who violates any of the other prgv!sions of this
chapter shall be guilty of a misdemeanor.
000114 syn 0043971
10
SECTION 4 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
000114 syn 0043971
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