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Adopt Ord Leaf Blower1wMOp !pS��A�QS DATE: TO: FROM: COUNCIL AGENDA REPORT MAY 27, 2014 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER MEETING DATE: 06/02/14 ITEM NO: 15 SUBJECT: ADOPT 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 A SECTION 16.20.070 RELATED TO ENFORCEMENT RECOMMENDATION: 1. Adopt ordinance that was introduced at the Town Council meeting of May 5, 2014. 2. Instruct the Clerk Administrator to either: a. Publish the ordinance within 30 days after adoption; or b. Publish a summary no more than 30 days after adoption (if summary published before adoption.) BACKGROUND: On May 5, 2014, Council introduced an ordinance, which amends 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 (Attachment 1). DISCUSSION: At its meeting of May 5, 2014, the Town Council held a public hearing to consider 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 a section 16.20.070 related to enforcement. PREPARED BY: CHRISTINA GILMORE q1 Assistant to the Town Mana S1 Reviewed by: Assistant Town Manager �td2Town Attorney Finance N:\h4GRWdminWorkFi1m\2014 Council Report0me 2\LEAF BLOWER FINAL ADOPTION JUNE 2 2014.docx PAGE MAYOR AND TOWN COUNCIL SUBJECT: LEAF BLOWER ORDINANCE JUNE 2, 2014 The amended Ordinance to the Los Gatos Municipal Code includes two re- drafted sections per the direction of the Town Council at the May 5 public hearing. Based upon this direction, Section 16.20.060, item B has been re- drafted as follows: B) Electric leaf blowers in excess of 65 decibels shall be prohibited from use in all residential, commercial, and industrial zones or public space, measured 50 feet from the source. Section 16.20.070, item C has been re- drafted as follows: Q The violation of any provision contained in this chapter, is hereby declared to be unlawful and any person or entity found to be in violation shall be guilty of an infraction, which shall be punishable by a fine not exceeding five hundred dollars. Concerns Regarding the Ordinance While the Town has received input from members of the public who support the regulation of leaf blowers, others have expressed concern. Attachment 2 includes emails in support and opposition to the proposed ordinance, which mirror comments received at the study session and prior public hearings. In addition to the comments received, staff has monitored comments posted to the Next Door Los Gatos community forum on this subject. To date, there are 59 comments posted in support and 85 in opposition to the proposed ordinance. CONCLUSION: If Council adopts the ordinance at its June 2, 2014 meeting, the ordinance would go into effect on July 1, 2014, and will be noticed through a Town -wide postcard mailing and advertising. A soft enforcement period will go into effect from July 1 through January 1, 2015. During this period, warning letters will be sent to operators found to be in violation of the ordinance to bring them into compliance. After January 1, 2015, enforcement penalties will be assessed as outlined within the Town Code. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: There is minimal fiscal impact associated with the approval of the recommendations as described above. Attachments: 1. 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 a Section 16.20.070 related to enforcement. 2. Public Comments received through 12:00 p.m. Thursday, May 29, 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 prohibited from use in all residential, commercial, and industrial zones or public space, measured 50 feet from the source. 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 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 any person or entity found to be in violation shall be guilty of an infraction, which shall be punishable by a fine not exceeding five hundred dollars. 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: ]Mckay3427(ulaol.com [mailto:]Mckav3427(abaol.com] Sent: Monday, May 05, 2014 3:55 PM To: Town Manager Subject: I support the leaf blower ban everywhere! Gentlemen: Thank you for considering the argument for leaf blower bans. This is an important issue for many of us. I'm hoping your community will take the lead for our other cities. Thanks. Sincerely, Jean McKay San Jose ATTACHMENT 2 - - - -- Original Message---- - From: Kristianna Dill [mailto :kristianna.dill @Rmail.comj Sent: Monday, May 05, 2014 5:44 PM To: Town Manager Subject: Leaf blowers I wholeheartedly support a gas powered leaf blower ban in Los gatos. They pollute both the air and quality of life. They are unnecessary, when gardeners can just use electric blowers or sweep. Homeowners and offices can afford to pay slightly more for costs to maintain electric or sweep if they can afford gardeners in the first place. Ban gas powered leaf blowers in Los gatos as well as California! Mrs. Kristianna Dill Registered voter. Sent from my iPhone From: jonie murphy [mailto:ioniebalonek (&omaii.com] Sent: Monday, May 05, 2014 7:56 PM To: Town Manager Subject: support the ban for leaf blowers Hi there. I cannot attend the City Council meeting but wanted to express by support to ban leaf blowers. Jonie ioniebaloney(i� email.com From: seizumiCalaim.com [mailto:seizumi(Oaim.com] Sent: Tuesday, May 06, 2014 4:37 PM To: Town Manager Subject: Please ban leaf blowers Hello: Please ban leaf blowers. Leaf blowers stir up toxins from people's yards & from our public roads. People put fungicide, herbicide, insecticides on their lawns - I try to keep my dog off lawns because I suspect that doing that once or twice a day compounds their chances of contracting an epithelial cancer on their paws. On driveways & roads, asbestos falls off of brakes, then cars leak oil, brake fluid & gas, all of which are carcinogenic. Do we really need this extra toxin load in the air we, our children, our elderly parents & our pets breathe? No! Thanks for your attention, Susan Briggs From: Betty Jean Rogers [mailto ducknbi(a)aoI.com] Sent: Monday, May 12, 2014 3:32 PM To: ManagerOLosGatosCa.Gov. Subject: Leaf Blower Ordinance Proposal Please consider the homeowners at 201 Howes Drive, Los Gatos in favor of subject ordinance. Thank you. M/M Jim Rogers - - - -- Original Message---- - From: Sue Plep [mailto:saplep@aol.com] Sent: Thursday, May 15, 2014 5:55 PM To: Council Subject: Leaf Blowers - Town Council Thank you! Thank you!!! A good start. Gary Plep 39 Bayview Ave. Sent from my i - - - -- Original Message---- - From: Steve Marzolf [mailto:steve.marzolf @earthlink.net) Sent: Tuesday, May 20, 2014 10:28 AM To: Don Rocha; Marty Stuczynski; Town Manager; Sam Liccardo for Mayor of San Jose Subject: Another problem with leaf blowers: blindness Most people would not encounter this, but I did because I bicycle on residential streets en route to the trails (Alamitos Creek, Guadalupe River, Los Gatos Creek). I was temporarily blinded while riding my bike by a man in the street (1100 block of Cherry) with a leaf blower who was blowing billows of dust and dirt into the street. I was approaching him from behind so he didn't see me. I tried to avoid the blast by swerving to the left, but an approaching car prevented that. I had to stop then to try to clean my eyes with a squirt from my water bottle. Had traffic been heavy I could have been injured or worse. Two days later it happened again on a different street, but I was able to avoid most of it. I have encountered this before in more than 12 years riding the same streets but with much less consequence. I don't fault any of the people using the blowers: they can't keep tabs on who's coming and going. Any rules to control the use of dust blowers could not be enforced. The only way to prevent this is to ban the leaf /dust /dirt blowers completely. Please consider this safety hazard when it comes to a City Council vote. THIS PAGE INTENTIONALLY LEFT BLANK 0 From: Mike Yarman [mailto:rhamgr(o)comcast.net] Sent: Thursday, May 08, 2014 7:48 AM To: Town Manager Cc: Stewartmci(o)aol.com; bob beyer Subject: Proposed Leaf Blower Ordinance Town Council, Town of Los Gatos: Esteemed Council Members; I am again writing regarding the Proposed Leaf Blower Ordinance. Leaf - blowers can be annoying, we all agree on that, and I agree that at times users crank them up, start too early and or late and point them at us as we walk and drive by. To ban private use of leaf- blowers will be an intrusive and very expensive proposition both for the landscaper, homeowner and the Town as well. While the Ordinance allows for some types of electric blowers, I'm not sure the industry has provided an electric blower battery that can provide the same type of result as a gas blower with any less decibels. Having 107 acres and three tennis courts to clean I will need a few hundred miles of electric cords to get the job done. Please take the time to research and study what impact this has had on other communities and the short and long term effect and consider some of the below effects. 1. Who is going to enforce the Ordinance ( Have you included someone from Code Enforcement to see what the impact will be on their department) 2. How will you be able to distinguish the use of a Leaf Blower noise from a Lawn Mower, Weed - Wacker, Lawn Vacuum, before you response to the complaint. 3. The cost of landscape services will increase and you will be impacting the repair, sales service industry. 4. Have you researched the cost impact to the Town and Parks and Recreation Services. 5. Is the Ordinance going to ban street - sweeping vehicles, air conditioners, chain saws, lawn vacuums. 6. Have you taken into consideration you're going to need more staff to answer all the complaints over the phone Why not look into reducing noise and air pollution with the following: 1. Commercial blowers maybe used on only ONE day per week, per area. 2. Have commercial blowers display a sticker, issued by Public works certifying the blower only puts out 65 decibels or less. ( Income for the Town for permits) Please take the time to research what impact, both good and bad this will have and how other communities have fared both short and longterm. I am happy to volunteer to be on an committee to research and report back to the Town Council. Yours truly, Mike Yarman CCAM General Manager Rinconada Hills Association. 408- 374 -3895 From: amoessinger(abcomcast.net [ mailto :gmoessingerCabcomcast.net] Sent: Friday, May 09, 2014 8:41 AM To: Council Subject: ban on gas leaf blowers Town Council - I just read in the LG Paper that the Town Council banned gas blowers and certain leaf blowers that exceed noise limits. I have to say that the sound of a leaf blower used by gardners can be annoying, but I think an outright ban is shortsighted. I also have to question why the Town Council would spend its time on this. First, many of my neighbors use a gardning service. I do not. I do have a gas leaf blower for two reason. One, I got tired of having to replacing my electric leaf blower because of faulty workmanship. I replace two within 12 months. Second, gas is more efficient for my workloads. I have lots of trees and the heavy leaves, material, etc which make an electric blower useless. I have a good reason to use gas but as a homeowner, you want to legislate what I should use because some of our residents are complaining about noise ? So the answer is to ban the gas blower as the source of the noise ? I think this is really shortsighted. It seems to me that a few residents are bending the ear of the town council. So the Town Council wants me to go purchase a new leaf blower ? And all of the employees of the gardening services must now also purchase new blowers ? Really ? That is an economic burden to this group. This is the best solution ? What are other towns /cities doing ? Is the next item on your agenda to ban dogs from barking ? Or do you now make the waste removal service purchase new mufflers for their vehicles because they are very noisey ? Where does this stop If I lived in another town and read this in the paper my conclusion would be that Los Gatos thinks like a very exclusive group. Greg Moessinger Los Gatos - - - -- Original Message---- - From: noreply(cacivicplus com [_mailto:noreply @civicplus.comJ Sent: Sunday, May 11, 2014 5:44 PM To: Town Manager; Christina Gilmore Subject: Online Form Submittal: Customer Feedback Form The following form was submitted via your website: Customer Feedback Form Name:: Jed Keller Address:: 15310 Suview Drive City:: Los Gatos State:: CA Zip:: 95032 Home Phone Number:: (408) 356 -0790 Daytime Phone Number:: (408) 356 -0790 Email Address:: ledkeller(@verizon.net Please let us know how we are doing or what we can do for you!: Gas Powered Leaf Blowers. I strongly disagree with banning gas powered leaf blowers. There are many neighborhoods in Los Gatos- downtown, residential and rural. I do not think that this decision represents a majority of the population and is the result of a few zealots. Please reconsider this regulation. Maybe we need another petition on the ballot!!! Additional Information: Form submitted on: 5/11/2014 5:44:19 PM Submitted from IP Address: 71.116.83.151 Referrer Page: http: / /www.losgatosca.gov/ Form Address: http:lZwww.losgatosca.gov/Forms.aspx?F]D=48 From: Gale Burt rmailto:burt(&us.ibm.com_7 Sent: Monday, May 12, 2014 4:56 PM To: Town Manager Subject: Leaf Blower Ordinance I am very much opposed to the proposal to ban gas - powered leaf blowers in Los Gatos. I agree with the concept of trying to minimize the noise by restricting the use of leaf blowers to certain hours, but I think this ordinance is placing on undue burden on the homeowners of Los Gatos and /or the contractors whom they employ. I would estimate that most Los Gatos residents, myself included, accomplish their landscaping needs through the services of a gardener or landscaping management company, many of whom do not use or own electric leaf blowers. Banning the use of gas - powered leaf blowers is basically forcing the homeowners to either fire their current gardening staff and search for a new one, force their current staff to purchase electric leaf blowers, or personally purchase an electric leaf blower. I consider none of these options to be fair or acceptable to the homeowners, and it is discriminatory to smaller, independent landscape companies. What's next? Banning the use of gas - powered lawn mowers ?! Regards, Gale Burt From: David Gorman [ mailto :aorman.david.e(iilgmail.com] Sent: Wednesday, May 14, 2014 8:16 PM To: Town Manager Subject: Feedback on proposed leaf blower ordinance Hello, I'm writing to submit feedback on the proposed ban of gas - powered leaf blowers that is in front of the town council. My wife and I own our home at 14761 Golf Links Drive in Los Gatos and I use a gas powered handheld leaf blower to maintain our yard. I do this not more than twice per month as it is but a blanket ban on all gas powered blowers ( "Gasoline leaf blowers shall be prohibited from use in all residential, commercial, and industrial zones or public space') would prevent us from being able to keep our property clean. We have approximately 1/3 acre with much of it being a semi - wooded slope that is not feasible to clean by hand and electric models on the market are not viable alternatives. We do not have grass because we've chosen a low - water -use landscape, which is ironic because we don't need a lawn mower which would be allowable under the ordinance. Electric blowers are under - powered and would likely result in increasing the amount of time that a neighbor would have to listen to a slightly quieter electric machine. We are good neighbors and would feel worse about this than about running a gas blower for a little while. This extra time would also disturb more of any particulate matter that might be blown into the air, not less (to the point in the ordinance about public welfare). Even hand - raking a yard will disturb dirt & pollen. To those concerns about air pollution, it has not been shown that dust and allergens are exacerbated by handheld blowers. In fact, it's documented that the particles that cause those problems are relatively big and fall back to the ground not far from where they were blown into the air. The air pollution that arguably is caused by any combustion engine is no worse for leaf blowers than that from other homeowner tools such as lawn mowers, weed trimmers, chain saws and other everyday tools which are not part of this proposed ban. I get it - machines are noisy. So are lawn mowers, cars, and kids. However, these are all part of living in an area that has the trees we protect and open personal & public space we enjoy with our families. I've researched electric models, and own one as well, but they are not adequate. The gas model we own is the quietest I could find (measured in Db) that still had homeowner -level cleaning ability. Many of our neighbors do hire landscape companies to maintain their property and perhaps those companies could simply add more workers to compensate for lack of equipment and consequently charge more for the service. However, such an outright ban would force us to pay someone to clean our property when we'd rather do it ourselves, or (more likely) force our neighbors to look at our less frequently maintained yard and wish we had our gas — powered blower back. I would ask the Council to implement a more realistic ordinance if one is to be adopted and will propose alternatives, which the ordinance does not currently offer: From: Mitchel Drew [mailto:mitchel drew()gmail.com] Sent: Thursday, May 15, 2014 3:54 PM To: Town Manager Subject: Proposed Leaf Blower Ordinance I'm a 10 year resident of Los Gatos and the entire time I've used an electric leaf blower and lawn mower when working in my yard. I do support the proposed ban on gas powered blowers. However, I strongly object to the hours of operation. Specifically Sunday and holidays. I have a young family and we attend many activities that only take place on Saturday leaving only Sunday (and sometimes holidays) for me to do yard work including mowing the lawn. Its impossible for me to get home weekdays before 5pm and I refuse to waste my money hiring a landscaping company to maintain my yard during the week when I'm perfectly capable of doing it myself. I'm asking that the ban on Sunday's and holiday's be stricken from the current ordinance and those days be modified to include the hours of l lam - 4pm. Mitch Drew Kensington Way, Los Gatos 1 RECEIVED MAY 16 2014 May 13, 2014 San Jose, Ca MAYOR & TOWN COUNCIL Dear Sirs This letter is in reference to your recent vote, to ban 2 cycle blowers. I spent the last 40 years working in this beautiful valley. Most of that time was spent around landscape equip. I worked at dealerships, and at commercial, Industrial, landscape companies. The blowers, chain saws, lined trimmers, gang banger radio's, and hedge trimmers all make too much noise. Landscapers can only use the equip manufacturing companies, make available to them. Customers want a clean landscape, but do not want to pay the extra man hours, to rake, or water hose off, the dirt, and leaves. I have a few thoughts on the subject of landscapers, that I don't hear much about. Why do the landscape contractors haul large loads of green waste, on our streets, and freeways? They have a contractors license, but not for commercial hauling. Why not make a law that says, if you grow it, you own it? Recycle on site, would be good! The gas, and diesel fuel, combined with the man hours, to haul green waste around our valley is a waste of money. Let's make a law that says, you must use the existing soil on your property for your plants. Why do we allow big, heavy duty, trucks, on our crowded freeways, just to move soil from one place, to another? It costs big dollars to haul dirt around, and the large trucks damage highways, and cause traffic congestion. Buying dirt, is like buying air, doesn't it belong, to all of us? We should stop the use of PVC sprinkler pipe. Workers cut underground utilities when they trench to install it. PVC pollutes the soil, much like plastic pollutes the water in bottled water. You get a leaching process from all items, you put into mother earth. Make folks water with a hose, and shower head nozzle. They will enjoy the quiet time, plus water will be put where needed, thus avoiding water waste. Over my many years in the work force, I often times used hearing protection. Ear plugs, and muffs, are avail at most hardware stores, for anyone who can't stand noise. Thanks for your EAR / Marvin Christy t / From: Karen Kurtz [mailto: ku rtzk(.acomcast. net] Sent: Thursday, May 15, 2014 5:31 PM To: Town Manager Subject: I support the bane on gas powered leaf blowers These are nasty machines that continue to pollute our environment with dust, gas emissions & noise. Please continue to push this bane into law. Thank you, From: Debbie McNulty [ mailto :debbiemcnultvCcomcast.net] Sent: Saturday, May 17, 2014 5:49 PM To: Town Manager Subject: Commets regarding Leaf blower ordinance Dear Members of the Town Council, I am writing to you about the new Town Resolution banning gas powered leaf blowers I feel the ordinance should not have been passed the way it was done without proper input from the community and without considering all of the impacts. I had heard that the issue was up for discussion, but didn't expect to read in the paper that the ordinance had already passed. I am a member of Nexdoor.com (Kennedy North Area) and can tell you that there are a lot of people who are very passionate about this issue. Some are in support, but far more are vehemently against it. There are a lot of other noise producing devices around here. Just today I had to listen to what sounded like a jackhammer for at least an hour while working at home. Are we going to create an ordinance against home remodeling projects? What about the tree trimmers? Have you ever had a tree trimmer run their wood chippers on your street? The noise they make is equally disturbing. What about gas mowers and weed whackers. Should we all just stop maintaining our landscaping? Not! We have been living here for 22 yrs. and have remodeled our house twice as have many of our neighbors. We have all lived with the trucks, cement mixers and other equipment that produce noise and create inconveniences for months on end. Sure it is a pain when your neighbor remodels, but it is for the good of the neighborhood to upgrade and maintain our properties. Ongoing property maintenance should not be treated any differently. For many people with larger yards, the manual rake process is just not feasible and electric blowers just don't do a good job. We live on a quiet cul -de -sac off Shannon Road. We don't have a large yard, but my husband takes pride in keeping it nice by working in the yard on weekends. He is respectful of the times that he chooses to mow and blow, but, yes, he uses a gas powered blower. As far as he is concerned there is now other way to get thejob done. With the blower he can finish the yard (after edging and mowing) in about 10 minutes. Is that really unreasonable? What happens to all of small landscaping companies who own this equipment and can't afford to replace it? Who is going to pay the cost of re- equipping these guys, or do we just run them out of town and consider them to be collateral damage to our lack of tolerance? For people who don't have the time to tend to their own yard, who is going to do it if they can't find a gardener they can afford who doesn't use a gas powered blower? I agree that the noise can be a nuisance from time to time, but I would prefer to see more limits on the hours of the day than a complete ban on their use. I would like to see the use of all these noisy devices allowed, but restricted to 9 -5 on weekdays when most of us working folks are not at home and 10 -4 on Saturdays (so those of us who choose to personally maintain our yard and work during the week have a chance to get the work done). Sundays could be a "noise free day" where no blowers would be allowed or the time could be more restrictive, like 10 -2. I happen to be a resident who works from home. When one of my neighbors is getting their yard done, I just close my windows. It doesn't last that long to be intolerable. I would rather live with the noise than look at an un- manicured yard next -door. Come on folks. Let's all be neighborly and try to work together for a compromise to serve the good of all. Debbie McNulty Independent CAbi Consultant 408- 358 -1597 debbiemcnultv(a),comcast.net From: michael stawowy [mailto:vwowatsm(.@gmail.com] Sent: Monday, May 19, 2014 7:06 AM To: Town Manager Subject: Gas Leaf blower ban Hello, I'm writing to voice my concerns with the ordinance the town council is approving. I'm not clear on what's driving the ordinance as I was unable to attend. Honestly I didn't think I would adversely impacted by an ordinance that was to ban gas blowers as mine is electric- -but it seems I am impacted. I understand that commercial properties can take some time to clean and the noise will be irritating. So banning gas powered blowers might be OK if that's really the biggest contributor to the noise issue --gas powered string trimmers and mowers also make a considerable amount of noise. But I'm not looking to debate this part. What I'd like you to reconsider is limiting the home owner to using an electric blower M -F from 8am -5pm and Saturdays 9-4. For someone who maintains their own property this is not acceptable. This is a dramatic departure from the current noise abatement ordinances on the book. Current ordinances are 8 -8 weekdays and 9-4 Sunday. I work from 8 -5 M -F so this means I cannot maintain my yard on weekdays without the potential of a $500 fine. Limiting my weekend time is also challenging, as I do travel from time to time and may not be home on a given Saturday —This would mean I could go 2 weeks without maintaining my yard. OR I hire a landscaping company, and since I enjoy the yard work I'm unwilling to go along with paying someone $200 /month for maintenance. Where I honestly believe the goal of the ordinance is to control commercial landscapers noise level and work times I ask you to reconsider the language of this ordinance and provide an exemption to the home owner, using an electric blower, from the restrictive operating hours. Thank you for your time From: Tony Nanez (mailto:tonynanez(abme.coml Sent: Tuesday, May 20, 2014 10:02 AM To: Christina Gilmore Subject: leaf blowers while I'm not totally against the 8 -5 hours people can use leaf blowers, i am against as a home owner without ( gardening service) not allowed to use a leaf blower on my erp sonal property on sundays as monday thru saturday i may be too busy (ie)(WORK)!! with an oak,eucalyptus,pine,redwood and magnolia trees that shed 365 days a year i need to be able to leaf blow when i have the time!! make the law where only home owners can use leaf blowers on sundays. thanks for your consideration tony Tony Nanez tonynanezCcDme.com THIS PAGE INTENTIONALLY LEFT BLANK