HomeMy WebLinkAboutStaff Report 2211-03887.Discussion Regarding Gas Powered Leaf Blower Enforcement and Possible Direction to
Prepare an Amendment to the Noise Ordinance (PAMC 9.10) and Resolution to Adjust
Financial Penalties for Violations in Residential Neighborhoods to Facilitate Compliance.
(Environmental review: not a project) (7:00 – 8:30 PM)
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CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: Action
Lead Department: Planning and Development Services
Meeting Date: February 6, 2023
TITLE
Discussion Regarding Gas Powered Leaf Blower Enforcement and Possible Direction to Prepare
an Amendment to the Noise Ordinance (PAMC 9.10) and Resolution to Adjust Financial Penalties
for Violations in Residential Neighborhoods to Facilitate Compliance. (Environmental review: not
a project)
RECOMMENDED MOTION
Staff recommends that Council:
1. Direct staff to prepare an amendment to the Noise Ordinance (PAMC 9.10) to:
a. clarify that citations may be issued to the leaf blower operator, the property
owner authorizing or employing the use of gas powered leaf blower on their
property, or both for violations of the ban; and,
b. remove an existing requirement to provide a five-day notice of violation warning
the operator of a gas powered leaf blower and/or property owner in advance of
issuing a citation for violating the ban;
2. Direct staff to prepare a resolution updating the municipal penalty schedule for violation
of the gas-powered leaf blower ban to $250 for the first offense, $500 for the second
offense and $1,000 for the third and subsequent offenses within a three-year period; and,
3. Endorse the leaf blower enforcement public engagement strategy presented in this
report.
EXECUTIVE SUMMARY
This report summarizes existing gas-powered leaf blower law and current enforcement efforts
and recommends strategies to improve compliance with the City’s ban. The recommendation in
this report advances the City Council’s priority related to community health and safety and a key
workplan project associated with this priority.
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BACKGROUND
Gas-powered leaf blowers pollute the air, pose health risks to operators and residents, and
generate extremely loud noise levels disrupting neighborhood tranquility. The State recently
adopted an ordinance to outlaw the sale of new gas-powered leaf blowers (and other gas-
powered landscaping equipment) as early as 2024.
Palo Alto banned the use of gas powered leaf blowers in residential districts in May 2000. For 15
years enforcement was managed by the Police department before being transferred to Planning
and Development Services. Enforcing the City’s ban has been problematic for a number of
reasons, including the high mobility and short duration use of leaf blowers, limited code
enforcement resources to follow up on complaints or pursue proactive enforcement, local
regulatory challenges that require advanced notice or warning letters prior to citing a violator,
and low penalty fees to violators if cited.
Increasingly, residents have grown frustrated by the lack of effective enforcement of gas
powered leaf blowers in residential areas. Several years ago, the City Council authorized a new
code enforcement officer dedicated to leaf blower enforcement. Unfortunately, this position was
only filled for a few months. The vacant position was later eliminated during pandemic-related
budget reductions and was recently restored in the FY 2022 budget. The City’s code enforcement
staff consists of two officers and one part-time retiree, supported by one administrative
associate.
The City receives several hundred leaf blower complaints a year. In any given year between 75%
and 90% of the complaints received are from ten individuals as illustrated in the graph below.
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Leaf blower complaints may be filed using the City’s 311 system which is integrated with the
City’s land use management software (Accela), or by email or phone.1
When a complaint is received for a gas powered leaf blower in a residential district, staff:
a) prepare an initial letter advising the property owner or operator, or both, of an alleged
violation of the City’s ban.
b) A code enforcement officer will follow up with a site visit a couple weeks later in an
attempt to verify the violation. More often than not, staff is unable to validate a violation
and the case is closed.
c) If a violation is observed, notice is sent documenting the violation and advising the
operator of the gas powered leaf blower of corrective action within five days (as required
by existing City ordinance).
d) The code enforcement officer will follow up several weeks later to confirm compliance.
Again, validating compliance or a violation for three consecutive site visits, which is essentially
required with current regulations, is not common due to the uncertainty of when the activity will
next take place and availability of City resources. If, however, a citation is issued, the penalty for
the violation is $100. Second and third violations are $150 and $300, respectively. Except for
three citations issued within the past six weeks, staff is not aware of any other gas powered leaf
blower citations being issued.
Code enforcement officers require evidence to be able to cite and defend a challenge to any
citation. They are required to document the violation with evidence and demonstrate procedural
compliance with the law. When notices of violation or issuance of a citation is served, it is
delivered in-person or via certified mail. Staff has not relied on information or evidence provided
by the public because the City could not attest to the conditions and circumstances of any alleged
violation. More specifically, code enforcement officers do not rely solely on information provided
by the public to issue a citation; however, such information could potentially be used supplement
an officer observed violation.
ANALYSIS
The use of gas powered leaf blowers within residential zones is a violation of Palo Alto Municipal
Code (PAMC) Chapter 9.10, Noise Ordinance. This provision states that persons cannot ‘operate’
gas powered leaf blowers in residential zones. Attachment A provides the current ordinance
section that enables enforcement of gas powered leaf blower use.
Battery or electric powered leaf blowers may be used in residential zones Monday through Friday
9 am to 5 pm, and Saturdays 10 am – 4 pm. No leaf blowers may be used on Sundays in Palo Alto.
1 Options for filing a code enforcement complaint:
PaloAlto311: https://www.cityofpaloalto.org/Residents/Services/Report-an-Issue/Palo-Alto-311
Email: planning.enforcement@cityofpaloalto.org or Phone: (650) 329-2605
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The ban does not apply to non-residential zones, such as commercial and industrial zones. The
ban also does not apply to the City’s parks and parking lots or clean up related work for city
projects, though efforts are underway to minimize its use as detailed later in this report.
The regulatory framework in the City’s municipal code makes it difficult to observe and cite the
gas powered leaf blower operator – the code does not allow issuance of an immediate citation
with the first observed violation. The statutory language is also focused on the operator and limits
the City’s ability to influence compliance by citing the property owner who is employing the gas
powered leaf blower operator. Moreover, if a citation is issued, the penalty schedule does not
impose fees that are likely to deter continued use of gas powered leaf blowers.
Accordingly, staff recommends the following amendments to strengthen enforcement tools and
improve compliance with the City’s ban.
Municipal Code Amendment: Property Owner Liability
Staff recommends an amendment to PAMC Section 9.10.060 item (f) to clarify and assert the
City’s ability to assign property owner liability for knowingly hiring or allowing a person to use a
gas-powered leaf blower on their residentially zoned property. This amendment will specifically
allow staff to hold property owners responsible for knowingly permitting the use of gas powered
leaf blowers by an ‘operator’ on their residential property.
With this change, upon a code enforcement officer observed violation, a warning would be issued
to the property owner that puts them on notice that they are permitting an operator to use a gas
powered leaf blower on their property. If an officer observes this a second time, the property
owner could be cited.
Municipal Code Amendment: Allow Citation Issuance at First Observed Violation
Staff recommends eliminating the need to issue a notice of violation warning five days in advance
of issuing a citation to a gas powered leaf blower operator. This requirement sets up an
impracticality to document consecutive violations for an activity that is typically a short duration
use and variable as to when such violations occur. This existing requirement creates a significant
inefficiency preventing effective code compliance enforcement and detracts the department’s
officers from other work.
With this change, upon a code enforcement officer observed violation, a citation would be issued
on site or mailed to the operator of a gas powered leaf blower in a residential district. This
amendment will improve the City’s ability to proactively enforce the ban and repeated violations
may spur the operator of a gas powered leaf blower to transition toward compliant equipment.
Amend the City’s Penalty Schedule
The financial penalty for violating the gas powered leaf blower ban is not aligned with other
municipal code violations such as littering and smoking in restricted areas. Staff recommends the
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current fees, which are $100, $150 and $300 for the first, second and third (and subsequent)
violations, respectively, be increased to $250, $500, and $1000.
Coupled with the recommended changes above, proactive enforcement and changes to the
penalty schedule may encourage a landscape professional to implement the following actions:
1. Invest and transition to cleaner battery or electric equipment;
2. Use a rake or other hand tools; or
3. Arrange with the property owner for the use or provision of compliant equipment at
the job site.
The first two actions may reasonably result in increased costs to the landscape professional,
either financially or in the time it takes to complete the work. While there are options to avoid
the penalties, this industry typically has tight profit margins and the City Council may want to
consider deferring or phasing in a new penalty schedule.
Public Outreach / Awareness
Prior to proactively enforcing the gas powered leaf blower ban with citations, staff proposes a
public engagement strategy to inform property owners of the local gas powered leaf blower ban
and penalties for violation.
Staff will provide notification through the City’s various social media outlets, the website and
through the City’s utility payment billing service.
Staff prepared a flyer (Attachment B) and is distributing these flyers to operators identified with
gas powered leaf blowers in residential neighborhoods and on the door to residences that are
alleged to have hired or used gas powered leaf blowers on their residential property.
The flyers contain information about the local ban as well as ways a property owner can help
support a landscaper to comply with the law including purchasing an electric or battery-powered
leaf blower for use on their property or to give to the landscaper, and/or keeping back up
batteries handy to swap out when needed.
Additionally, a code enforcement officer will extend an invitation to attend neighborhood group
meetings and present the City’s approach toward enforcement and answer related questions.
Based on Council’s guidance and through adoption of the second reading of a future ordinance,
if directed to prepare, there will be at least four months of concerted engagement to inform the
community and landscape professionals of the anticipated changes.
Incentives for Zero-Emission Landscaping Equipment
California CORE2 has an incentive program to help offset the cost of replacing gas powered
landscaping equipment. California will ban the sale of all new gas-powered landscaping
equipment beginning in 2024 and has allocated $30 million to facilitate this transition. The
2 California CORE website: https://californiacore.org/
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program provides incentives to zero-emission professional landscape equipment. Ten million was
set aside for micro businesses and $17 million was set aside for small businesses. The incentives
are for handheld leaf blowers (up to $300), and up to $400 for backpack leaf blowers, up to 70%
of the MSRP. Most landscaping equipment is eligible for these incentives. The California Air
Resources Board website has additional information about the program, which is administered
by CALSTART a national non-profit that implements the California CORE program.3
City-Owned Equipment and Increase in Staffing
In the FY 2022 budget, the City Council authorized budget for a full-time officer, and the City
hired a new code enforcement officer who began April 2022, to resume handling gas powered
leaf blower violations and complaints.
The FY 2022 budget also included funding to purchase electric or battery leaf blowers to explore
shifting the use of gas powered leaf blowers for city facilities, such as parks, and parking lots, to
electric or battery use. Community Services staff plans on using battery powered backpack
blowers instead of gas powered leaf blowers the vast majority of the time. Gas powered leaf
blowers may still be used when there is a safety concern and the battery powered equipment is
not strong enough to remove plant material or heavy debris from a trail, road or play area. Public
Works has a mix of gas powered and electric leaf blowers but is poised to replace all handheld
gas powered leaf blowers this year.
Greenhouse Gas Emissions
Gas-powered two-stroke leaf blowers and other two-stroke engines create significant air
pollution (such as hydrocarbons, oxides of nitrogen, carbon monoxide, and fine particulate
matter). The California Air Resources Board reported that using a gas-powered two-stroke leaf
blower for one hour emits as much smog-forming pollution (and not GHG emissions) as a 2016
Toyota Camry does driving for 1100 miles. This has a negative impact on air pollution.
The numbers vary widely, but a leaf blower uses significantly less gasoline per hour than a car,
and they spend far less time in use. As a carbon reduction measure, eliminating two-stroke
engines does not provide a large return on investment, but it could provide other significant
benefits if electrified. In Palo Alto, Portable Equipment, which includes gas-powered two-stroke
leaf blowers, accounts for approximately 3,050 MT CO2e or 0.6% of Palo Alto’s overall GHG
emissions.
Commercial/Industrial Districts
When the City has collected information about the use, function and practicality of using electric
or battery powered leaf blowers on its own facilities, if proven successful, the City Council may
3 California Air Resources Board website: https://ww2.arb.ca.gov/news/point-sale-vouchers-now-available-small-
business-landscape-professionals-purchase-discounted
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want to consider extending the gas-powered leaf blower ban citywide to commercial and
industrial districts.
This would make enforcement easier and establish clearer expectations for the community if the
City has one set of regulations that applied equally across the City boundary instead of just
specific areas (residential districts).
Timeline
With Council direction, staff will return with an ordinance and resolution before June 2023.
FISCAL/RESOURCE IMPACT
Increased fees may generate some revenue to the City but is not anticipated to off-set additional
administrative costs associated proactive enforcement or processing appeals that will likely be
filed. Code enforcement generally is not a cost recoverable program.
STAKEHOLDER ENGAGEMENT
The City’s code enforcement officer assigned to enforce the leaf blower ban has provided
handouts to inform landscape professionals and property owners of the ban. The City’s website
also provides information regarding the prohibition of gas powered leaf blowers in residential
neighborhoods.
ENVIRONMENTAL REVIEW
The recommendation in this report does not qualify as a project in accordance with the California
Environmental Quality Act and is therefore not subject to environmental review.
ATTACHMENTS
Attachment A: Current Ordinance Section in PAMC Chapter 9.10
Attachment B: Leaf Blower Flyer
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
Report #: 2211-0388
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Chapter 9.10
NOISE*
Sections:
9.10.010 Declaration of policy.
9.10.020 Definitions.
9.10.030 Residential property noise limits.
9.10.040 Commercial and industrial property noise limits.
9.10.050 Public property noise limits.
9.10.060 Special provisions.
9.10.070 Exception permits.
9.10.080 Violations.
* Editor's Note: Prior ordinance history: Ordinances 2664, 3609, 3640, 3751, 3763, 3790, 3881, 4453.
9.10.010 Declaration of policy.
It is hereby declared to be the policy of the city that the peace, health, safety and welfare of the citizens of Palo Alto require protection
from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the city council to
control the adverse effect of such noise sources on the citizen under any condition of use, especially those conditions of use which have
the most severe impact upon any person.
(Ord. 4634 § 2 (part), 2000)
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 S1.1, "Acoustic Terminology,"
paragraph 2.9, or successor reference. All references to dB in this chapter utilize the A-level weighting scale, abbreviated dBA,
measured as set forth in this section.
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(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 S1.4, "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 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 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 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) "Leaf blower" means any portable machine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other
surfaces.
(i) "Residential power equipment" means any mechanically powered saw, sander, drill, grinder, generator, lawnmower, hedge
trimmer, edger, or any other similar tool or device (other than leaf blowers).
(j) "Residential zone" means all lands located within the following zoning districts: RE, R1, R2, RMD, RM-20, 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 are classified as non-residential zones for purposes of this
chapter.
(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 Day (the fourth
Thursday in November), and Christmas Day (December 25).
(Ord. 5460 § 15, 2019: Ord. 4634 § 2 (part), 2000)
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.
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(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.
(Ord. 4634 § 2 (part), 2000)
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.
(Ord. 4634 § 2 (part), 2000)
9.10.050 Public property noise limits.
(a) No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on public
property, a noise level more than fifteen dB above the local ambient at a distance of twenty-five feet or more, unless otherwise provided
in this chapter.
(b) Sound performances and special events not exceeding eighty dBA measured at a distance of fifty feet are exempt from this
chapter when approval therefor has been obtained from the appropriate governmental entity, except as provided in Section 22.04.180 of
this code.
(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.
(Ord. 4634 § 2 (part), 2000)
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 building permit shall be prohibited on Sundays and holidays and shall be
prohibited except between the hours of eight a.m. and six p.m. Monday through Friday, nine a.m. and six p.m. on Saturday provided that
the construction, demolition or repair activities during those hours meet the following standards:
(1) No individual piece of equipment shall produce a noise level exceeding one hundred ten dBA at a distance of twenty-five feet. If
the device is housed within a structure on the property, the measurement shall be made out-side the structure at a distance as close to
twenty-five feet from the equipment as possible.
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(2) The noise level at any point outside of the property plane of the project shall not exceed one hundred ten dBA.
(3) The holder of a valid construction permit for a construction project in a non-residential zone shall post a sign at all entrances to
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
FOR NON-RESIDENTIAL PROPERTY
(Includes Any and All Deliveries)
MONDAY - FRIDAY........8:00 a.m. to 6:00 p.m.
SATURDAY.........9:00 a.m. to 6:00 p.m.
SUNDAY/HOLIDAYS........Construction prohibited.
Violation of this Ordinance is a misdemeanor punishable by a maximum of six months in jail, $1,000 fine, or both. Violators will be
prosecuted. P.A.M.C. § 9.10.060(b).
(c) Construction on Residential Property. Construction, alteration, demolition or repair activities conducted in a residential zone,
authorized by valid city building permit, shall be prohibited on Sundays and holidays and is prohibited on all other days except during the
hours of eight a.m. and six p.m. Monday through Friday, nine a.m. and six p.m. on Saturday, provided that the construction, demolition
or repair activities during those hours meet the following standards:
(1) No individual piece of equipment shall produce a noise level exceeding one hundred ten dBA at a distance of twenty-five feet. If
the device is housed 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.
(3) The holder of a valid building permit for a construction project located within any residential zone shall post a sign at all entrances
to 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 no less than three feet and no more than five feet above ground level, shall be visible from the
adjacent street, 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:
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CONSTRUCTION HOURS
FOR RESIDENTIAL PROPERTIES
(includes any and all deliveries)
MONDAY-FRIDAY.......8:00 a.m. to 6:00 p.m.
SATURDAY......9:00 a.m. to 6:00 p.m.
SUNDAY/HOLIDAYS.......Construction Prohibited.
Violation of this Ordinance is a misdemeanor punishable by a maximum of six months in jail, $1,000 fine, or both. Violators will be
prosecuted. P.A.M.C. § 9.10.060(b).
(d) Other Equipment. Equipment used by city employees, city contractors, or public utility companies or their contractors, not covered
by subsections (b) and (c) of this section, shall be allowed during the same hours as the exception set forth in subsection (b) of this
section, providing no piece of equipment shall produce a noise level which exceeds one hundred ten dBA, measured at a distance of
twenty-five 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 and is not being operated for
construction regulated in subsections (b) or (c) of this section.
(f) Leaf Blowers.
(1) 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 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.
(2) No person shall operate any leaf blowers within a residential zone except during the following hours: nine a.m. and five p.m.
Monday through Friday and ten a.m. and four p.m. Saturday. No person shall operate any leaf 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 on Sundays and holidays. No person shall operate any leaf blower powered by an internal combustion engine
within any residential zone after July 1, 2005. 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
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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.
(g) Street Sweeping. Street sweeping activities are allowed between the hours of ten p.m. and eight a.m. daily, provided they do not
produce a noise level in excess of ninety dBA, 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.
(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
during the hours of ten p.m. and eight a.m. daily, providing no such piece of equipment shall produce a noise level that exceeds ninety
dBA measured at a distance of twenty-five feet.
(l) Business District Street Cleaning. Cleaning equipment (other than leaf blowers), when used in public streets and public sidewalks
within the public right-of-way in business districts shall be allowed during the hours of ten p.m. and eight a.m. daily, providing no such
piece of equipment shall produce a noise level that exceeds ninety dBA measured at a distance of twenty-five feet.
(Ord. 4778 §§ 2, 3, 2003: Ord. 4754 § 2, 2002: Ord. 4727 § 2, 2002: Ord. 4634 § 2 (part), 2000)
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.
(Ord. 4634 § 2 (part), 2000)
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.
(Ord. 4634 § 2 (part), 2000)
GAS-POWERED LEAF BLOWERSPROHIBITED
IN RESIDENTIAL NEIGHBORHOODS
While it’s been a city law since 2005, the City is reminding the public to go
with an electric or battery-powered blower, or grab a rake or broom, for
landscaping and garden clean ups in our residential areas. Gas-powered
leaf blowers not only pollute our air but make a lot of noise that disturb
our neighborhoods. If you see — or hear — somebody using a gas-powered
leaf blower in a residential area, there are a few options to report it.
USING A GAS POWERED LEAF BLOWER MAY BE SUBJECT TO FINES
LANDSCAPERS:
Convert to electric
leaf blower.
PROPERTY OWNERS: Make
an electric leaf blower available
for your landscaper or provide
an extra battery for their use.
NEIGHBORS: Download the
flyer online to help inform
your neighbors of the
City’s requirements.
Share this
information with
neighbors who
may not be aware.
Make an electric leaf
blower available for your
landscaper or extra
battery for their use.
Submit or report a call
using the Palo Alto 311
app with the day of the
week and time of violation.
cityofpaloalto.org/LeafBlowers
Contact Code Enforcement: (650) 329-2605