HomeMy WebLinkAboutStaff Report 2306-1711CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, August 07, 2023
Council Chambers & Hybrid
5:30 PM
Agenda Item
13.SECOND READING: Adopt an Ordinance Amending Palo Alto Municipal Code (PAMC)
Section 9.10.060 (f) and Adoption of a Resolution to Modify the Administrative Penalty
Schedule Related to Enforcement of the City’s Gas-Powered Leaf Blower Ban.
Environmental Analysis: Not Subject to CEQA Review in Accordance with CEQA
Guidelines 15061(b)(3). (FIRST READING: June 19, 2023 PASSED 7-0)
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: August 7, 2023
Report #:2306-1711
TITLE
SECOND READING: Adopt an Ordinance Amending Palo Alto Municipal Code (PAMC) Section
9.10.060 (f) and Adoption of a Resolution to Modify the Administrative Penalty Schedule
Related to Enforcement of the City’s Gas-Powered Leaf Blower Ban. Environmental Analysis:
Not Subject to CEQA Review in Accordance with CEQA Guidelines 15061(b)(3). (FIRST READING:
June 19, 2023 PASSED 7-0)
BACKGROUND
This was heard by the City Council on June 19, 2023 for a first reading and was approved 7-0.
No changes were made to the Ordinance; it is now before you for a second reading.
ATTACHMENTS
Attachment A: Ordinance Amending PAMC 9.10.060(f) Related to Leaf Blowers
APPROVED BY:
Mahealani Ah Yun, Interim City Clerk
*NOT YET APPROVED*
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271_20230602_ts24
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal
Code Section 9.10.060(f) to Expand Liability for the Use of Gas-Powered Leaf
Blowers and to Exempt Enforcement from Mandatory Warning Provisions.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
1. The use of gas-powered leaf blowers generates noise and air pollution, which can
have a negative effect on the quality-of-life for residents.
2. In 2021, the State of California approved AB 1346, which is intended to regulate
“Small off-road engines (SORE), which are used primarily in lawn and garden equipment.” The
California Legislature found that the NOx and ROG emissions from SORE “were higher than
emissions from light-duty passenger cars” in 2020. The Legislature also found that “zero-
emission equivalents to all SORE equipment” already exist.
3. The City currently prohibits the operation of leaf blowers powered by internal
combustion engines in residential zones.
4. The City Council now desires to prohibit property owners (and those in control of
real property) from allowing gardeners or any other person to use a gas-powered leaf blower on
their property.
5. The City Council also desires to allow staff to issue citations without offering a five-
business day warning period as generally required by PAMC section 1.12.030(c).
6. The City Council also desires to conform the code to current City practices by
deleting a requirement for commercial leaf blower operators to be certificated by the Chief of
Police.
SECTION 2. Section 9.10.060(f) of the Palo Alto Municipal Code is hereby amended as
follows (new text underlined, deleted text in strikethrough):
(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; cause operation of; or allow operation of a leaf blower on property
a person owns, has control of, or is a tenant of; (including but not limited to a leaf blower
*NOT YET APPROVED*
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271_20230602_ts24
operator, leaf blower operator’s employer, property owner, property manager, tenant, or other
person authorizing or employing the use of a leaf blower on their property) as follows:
(A) No person shall operate any leaf blowers within Within a residential zone (as defined
by Title 18) except during the following hours: nine a.m. and five p.m. Monday through Friday
and ten a.m. and four p.m. Saturday. ;
(B) No person shall operate any leaf blower wWithin 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. ;
(C) No person shall operate any leaf blowers oOn Sundays and holidays. ; or
(D) Within any residential zone, at any time, No person shall operate, aany leaf blower
powered by an internal combustion engine or any leaf blower powered by a generator 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.
(3) 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.
(4) Enforcement of this subsection (f) is exempt from PAMC section 1.12.030(c).
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Council finds that adoption of this Ordinance is not a “project” within
the meaning of CEQA.
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*NOT YET APPROVED*
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SECTION 5. This Ordinance shall be effective on the thirty-first date after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development
Services