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DATE:
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FROM:
MEETING DATE: 5/5/14
ITEM NO: n
COUNCIL AGENDA REPORT
April 28, 2014
MAYOR AND TOWN COUNCIL J
GREG LARSON, TOWN MANAGER
SUBJECT: REGULATION OF THE USE AND OPERATION OF LEAF BLOWERS
INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING SECTION 16.20.060 OF THE TOWN OF LOS GATOS
MUNICIPAL CODE TO REGULATE THE USE AND OPERATION OF LEAF
BLOWERS AND ADD IN SECTION 16.20.070 RELATED TO ENFORCEMENT
RECOMMENDATION:
Approve the First Reading and Introduction of an ordinance of the Town of Los Gatos amending Section
16.20.060 of the Town of Los Gatos Municipal Code to regulate the use and operation of leaf blowers
and adding Section 16.20.070 related to Enforcement (Attachment 2)
After opening and closing the public hearing:
1. Direct the Clerk to read the title of the ordinance (no motion required).
2. Waive the reading of the ordinance (motion required).
3. Amend the ordinance regulating the use and operation of leaf blowers and instruct the Clerk to
publish a summary no more than five days prior to adoption (motion required).
ALTERNATIVES:
Instead of the action above, the Council may:
• Not amend Section 16.20.060 to regulate the use and operation of leaf blowers.
• Modify the proposed ordinance amendment for the use and operation of leaf blowers as desired
by Council.
PREPARED BY: CHRISTINA GILMORE U
Assistant to the Town Manager
Reviewed by: Assistant Town Manager Town Attorney Finan ce
N:\MGR\AdminWo kFi1m\2014 Comeil Reports\May 5 \LEAF BLOWER MAY 5 STAFF REPORT.dmx
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: LEAF BLOWER ORDINANCE
MAY 5, 2014
BACKGROUND:
In July 2012, the Town of Los Gatos adopted a sustainability plan that outlined the Town's existing
greenhouse gas emissions inventory, identified GHG reduction targets, and established GHG reduction
measures to meet those reduction targets. The possible adoption of a leaf blower ordinance (RE -4) was
identified under Renewable Energy and Low Carbon Fuels.
In 2013, the development of a leaf blower ordinance was added to the Council Strategic Goals. On
August 5, a study session was held to ascertain Council interest in and direction on leaf blower
regulation. At the conclusion of the August 5 study session, Council asked staff to return at a later date
with additional information on leaf blower ordinances currently in effect in select cities, to provide
information on options to limit the current use of leaf blowers in residential and commercial zones, and
to provide information on educational options and exchange programs.
At its December 16 study session, the Town Council directed staff to draft an ordinance amendment that
would regulate the use of leaf blowers. In addition to the ordinance amendment,_Council directed staff
to develop an outreach plan to inform the public before and after the ordinance is adopted, and to
implement a six -month soft enforcement effort that includes sending warning letters to operators prior to
issuing fines.
DISCUSSION:
Proposed Ordinance for the Town of Los Gatos
Revise the powered equipment section of the Town Code pursuant to Council direction as follows:
1. Gasoline leaf blowers shall be prohibited from use in all residential, commercial, and industrial
zones or public space.
2. Electric leaf blowers in excess of 65 decibels shall be prohibited from use in all residential,
commercial, and industrial zones or public space.
3. Electric leaf blowers shall be operated only during the hours of 8:00 a.m. to 5:00 p.m. weekdays
and 9:00 a.m. to 4:00 p.m. weekends in residential, commercial, industrial, public spaces or noise
sensitive zones. Leaf Blower use is prohibited on Sundays and holidays.
In addition to the above changes, a new Section 16.20.070 that addresses enforcement and penalties has
been added to the ordinance. Attachment 1 is a red -lined version of the ordinance showing the changes
and additions.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: LEAF BLOWER ORDINANCE
MAY 5, 2014
Ordinance Implementation
Staff recommends the ordinance go into effect 30 days after its adoption. Staff also recommends
implementing a seven -month soft enforcement period after the ordinance implementation date. Warning
letters will be sent to operators found to be in violation of the ordinance to bring them into compliance
from the period of ordinance implementation to January 1, 2015. After January 1, 2015, enforcement
penalties will be assessed as outlined within the Town Code. Enforcement of the ordinance will be
conducted by the Community Development Department's Code Enforcement division.
Outreach to businesses and residents includes previously noticed study sessions; posting on the Town's
website via the homepage and What's New; a Town -wide mailing; email notifications through Town list
serves and other organizations; and notices on KCAT.
Regional Leaf Blower Regulation Efforts
As part of the direction given to staff at the December 16 study session, Council directed staff to pursue
a leaf blower exchange program with the Bay Area Air Quality Management District ( BAAQMD) and
to develop a plan for banning electric leaf blowers on winter and summer "Spare the Air" days.
BAAQMD is currently in the process of updating its Bay Area Regional Climate Action Strategy with
the intent of updating the Clean Air Plan. As part of this process, staff has participated in two
stakeholder meetings to provide input on the draft work plan and has shared with BAAQMD the Town's
desire for the implementation of regional leaf blower regulations and a leaf blower exchange program.
Public outreach and stakeholder input will continue through the winter of 2014 with the adoption of a
new Clean Air Plan sometime in 2015. Staff will continue to participate in the stakeholder process and
"Spare the Air" day restrictions will be considered and developed following BAAQMD's update to the
Clean Air Plan.
CONCLUSION:
Staff recommends that the Town Council adopt the ordinance regulating the use and operation of leaf
blowers, effective 30 days after its adoption, with a seven -month soft enforcement period that would
conclude on January 1, 2015.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Costs for a one -time resident and business outreach and education mailing are estimated at $6,700.
There are sufficient funds available in 5302- 63219.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: LEAF BLOWER ORDINANCE
MAY 5, 2014
Attachments:
1. Redlined Ordinance
2. Ordinance
3. Public Comments received through 12:00 p.m. Thursday, May 1, 2014.
ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTION 16.20.60 OF THE LOS GATOS TOWN CODE
RELATING TO RESTRICTIONS ON LEAF BLOWER
OPERATIONS AND ADDING SECTION 16.20.70
WHEREAS, the use of motorized leaf blowers adversely impacts community health and
welfare: and
WHEREAS, motorized leaf blowers generate high noise levels which disrupt
neighborhood tranquility, disturb residents workers and visitors and thereby degrade the quality
of life in Los Gatos: and
WHEREAS, the use of motorized leaf blowers increases the volume of particulate matter
in the air and thereby exacerbates allergies and respiratory ailments
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY ORDAIN AS FOLLOWS:
Los Gatos Town Code Section 16.20.60 is hereby amended to read as follows:
Sec. 16.20.060. Powered equipment.
a) Gasoline leaf blowers shall be prohibited from use in all residential
commercial, and industrial zones or public space..
b) Electric leaf blowers in excess of 65 decibels shall be Drohibited from use
in all residential, commercial, and industrial zones or Public space.
c) Miscellaneous nonstationary noise sources such as; electric or gasoline
lawn mowers, electrical leaf blowers, edge trimmers, hedge trimmers and
other similar moveable noise sources shall be operated only during the
hours of 8:00 a.m. to 5:00 p.m. weekdays and 9:00 a.m. to 4.00 mm.
weekends in residential, commercial, industrial, public spaces or noise
sensitive zones. Leaf blower use is prohibited on Sundays and holidays
d) The provisions of this section shall not apply to emergency work as
defined in article I of this chapter.
ATTACHMENT 1
e) Powered toys and models. No person shall operate or permit to be
operated any powered toy or model, as defined in article I of this chapter,
so as to cause a noise disturbance across a residential property plane or
violate the limitations and provisions of this chapter.
Sec. 16.20.070. Enforcement and violation — penalty
a) The Town Manager, or his or her designee, has primary responsibility for
enforcement of this Chapter. The Town Manager is authorized to promulgate
regulations and to take any and all other actions reasonable and necessary to
enforce this Chapter, including, but not limited to, investigating violations, and
issuing fines.
b) If the Town Manager or his or her designee determines that a violation of this
Chapter has occurred, he /she will issue a written warning notice that a violation
has occurred and the potential penalties that will apply for future violations.
c) The violation of any provision contained in this chapter, is hereby declared
to be unlawful and shall be Spilty of an infraction, which shall be
punishable by a fine not exceeding two hundred fifty dollars, or a
misdemeanor, which shall be punishable by a fine not exceeding one
thousand dollars per violation, or by imprisonment in the County Jail for a
period not exceeding six months, or by both such fine and imprisonment.
d) The remedies provided in this subsection are not exclusive, and nothing in n this
subsection shall preclude the use or application of any other remedies, penalties
or procedures established by law.
Any provision of the Los Gatos Town or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby
repealed or modified to that extent necessary to effect the provisions of this Ordinance.
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 Town
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.
The Mayor shall sign and the Town Clerk shall attest to the passage of this Ordinance.
The Town Clerk shall cause the same to be published once in the official newspaper within 15
days after its adoption. This Ordinance shall become effective 30 days from its adoption.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on _. This ordinance takes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
THIS PAGE
INTENTIONALLY
LEFT BLANK
ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS AMENDING SECTION 16.20.60 OF THE LOS GATOS TOWN
CODE RELATING TO RESTRICTIONS ON LEAF BLOWER
OPERATIONS AND ADDING SECTION 16.20.70
WHEREAS, the use of motorized leaf blowers adversely impacts community health and
welfare; and
WHEREAS, motorized leaf blowers generate high noise levels, which disrupt
neighborhood tranquility, disturb residents, workers and visitors, and thereby degrade the quality
of life in Los Gatos; and
WHEREAS, the use of motorized leaf blowers increases the volume of particulate matter
in the air and thereby exacerbates allergies and respiratory ailments.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY ORDAIN AS FOLLOWS:
Los Gatos Town Code Section 16.20.60 is hereby amended to read as follows:
Sec. 16.20.060. Powered equipment.
a) Gasoline leaf blowers shall be prohibited from use in all residential,
commercial, and industrial zones or public space.
b) Electric leaf blowers in excess of 65 decibels shall be prohibited from use
in all residential, commercial, and industrial zones or public space.
c) Miscellaneous nonstationary noise sources such as; electric or gasoline
lawn mowers, electrical leaf blowers, edge trimmers, hedge trimmers and
other similar moveable noise sources shall be operated only during the
hours of 8:00 a.m. to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m.
weekends in residential, commercial, industrial, public spaces or noise
sensitive zones. Leaf blower use is prohibited on Sundays and holidays.
d) The provisions of this section shall not apply to emergency work as
defined in article I of this chapter.
ATTACHMENT
e) Powered toys and models. No person shall operate or permit to be
operated any powered toy or model, as defined in article I of this chapter,
so as to cause a noise disturbance across a residential property plane or
violate the limitations and provisions of this chapter.
Sec. 16.20.070. Enforcement and violation— penalty
a) The Town Manager, or his or her designee, has primary responsibility for
enforcement of this Chapter. The Town Manager is authorized to promulgate
regulations and to take any and all other actions reasonable and necessary to
enforce this Chapter, including, but not limited to, investigating violations, and
issuing fines.
b) If the Town Manager or his or her designee determines that a violation of this
Chapter has occurred, he /she will issue a written warning notice that a violation
has occurred and the potential penalties that will apply for future violations.
c) The violation of any provision contained in this chapter, is hereby declared
to be unlawful and shall be guilty of an infraction, which shall be
punishable by a fine not exceeding two hundred fifty dollars, or a
misdemeanor, which shall be punishable by a fine not exceeding one
thousand dollars per violation, or by imprisonment in the County Jail for a
period not exceeding six months, or by both such fine and imprisonment.
d) The remedies provided in this subsection are not exclusive, and nothing in this
subsection shall preclude the use or application of any other remedies, penalties
or procedures established by law.
Any provision of the Los Gatos Town or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby
repealed or modified to that extent necessary to effect the provisions of this Ordinance.
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 Town
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.
The Mayor shall sign and the Town Clerk shall attest to the passage of this Ordinance.
The Town Clerk shall cause the same to be published once in the official newspaper within 15
days after its adoption. This Ordinance shall become effective 30 days from its adoption.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on . This ordinance takes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
THIS PAGE
INTENTIONALLY
LEFT BLANK
From: Carri Mallard [ma ilto :carrimallard6'1g mail. com] On Behalf Of Carri Mallard
Sent: Sunday, April 27, 2014 8:38 AM
To: Town Manager
Subject: Comment re leaf blowers ordinance for May 5th meeting...
In favor of banning leaf blowers:
Apart from the noise and fumes, all leaf blowers (and their operators) seem to do is blow debris - leaves, dirt,
wood chips, litter etc - around from one place to another.
If the users actually bothered to pick up the debris, it would be worth the noise, but they don't. They just blow
everything from driveways out in to the street or around the garden in to another corner (like mine do!)
If leaf blowers were banned, then the debris would have to be manually swept up and put in the trash where it
belongs.
Thank you.
Carri Mallard
Los Gatos
Card Mallard
Proactive Staging & Design
(408) 656 6336
www.proactivestaging.com
ATTACHMENT
From: Mike Yarman [mailto:rhamorCalcomcast.net]
Sent: Monday, April 28, 2014 3:20 PM
To: Town Manager
Cc: bob beyer
Subject: Gasoline leaf blowers
I Manage 434 homes on 107 acres, Rinconada Hills Association, this proposed ordinance will have a devastating cost
effect on my homeowners. Electric leaf blowers will not work in this large area and to try and keep the leaves and pine
needles from 3700 trees off our streets, gutters and lake, by hand clearing would bankrupt the homeowners
association. Even if we change to a gas vacuum truck, the decibels and dust level would be worse than the use of the
leaf blowers.
The Town Council needs to take a long look at the potential devastating cost effect to everyone, including the Town.
1. Who is going to enforce the ordinance, by the time you can get a police car out to check on a complaint the
gardens will be gone and is this the best use of our police ?
2. The Association looked into the cost to not use blowers and only hand clear, the cost for our landscaping
tripled.
I strongly urge the Town Council to not pass an ordinance that will be detrimental to the majority of residents and that
will be impossible to enforce.
Yours truly,
Mike Yarman CCAM
CEO Rinconada Hills Association
100 Avenida Del Sol
Los Gatos, CA 95032
08- 374 -3895