Cypress Municipal Code § 13-72 Air conditioning and refrigeration; special provisions

Until September 15, 1978, the noise standards enumerated in sections 13-68 and 13-69 shall be increased eight dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this article.

(Ord. No. 563, § 1, 2-23-76)

As used in this section, the following terms shall have meanings as set forth below:

"Leaf blower"

means any machine however powered used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces.

"Parcel"

means an area of real property with a separate or distinct number or other designation shown on a plat recorded in the office of the county recorder. Contiguous parcels owned by the same individual or entity shall be considered one parcel for purposes of this section.

(Ord. No. 856, § 1, 10-29-90)

It shall be unlawful for any person within a residential zone or within 200 feet of a residential zone to operate any type of leaf blower within the city except under the following restrictions:

(a) Time restriction: Notwithstanding section 13-70(i), leaf blowers shall not be operated except between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday;

(b) Distance restriction: Leaf blowers shall not be operated within a horizontal distance of 10 feet of any operable window, door, or mechanical air intake opening or duct;

(c) Duration of use restriction: Leaf blowers shall not be operated for more than 15 minutes per hour on parcels less than one-half acre and no more than 30 minutes per hour on parcels greater than one-half acre.

(d) Number restriction: No person shall operate more than one leaf blower per parcel.

(Ord. No. 856, § 1, 10-29-90)

It shall be unlawful for any person to use or operate any leaf blower in such a manner as to blow, dispel, or make airborne, dust, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material which by its use will cause said dust, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material to become airborne or travel beyond the parcel boundaries in which it is being used to adjoining properties. It shall be unlawful for any person to use or operate any leaf blower within the city in such a way as to blow leaves, dirt, and other debris onto the public rights-of-way and to allow the material to remain there for more than 15 minutes.

(Ord. No. 856, § 1, 10-29-90)

The following are exempted from the operation of this section.

(a) Any publicly owned properties, including but not limited to public schools, parks, fire stations, etc.

(b) Privately owned schools.

(Ord. No. 856, § 1, 10-29-90)

Any person violating any of the provisions of sections 13-72.1 through 13-72.4 is deemed an infraction and upon conviction thereof, shall be fined in an amount not exceeding $50. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. No. 856, § 1, 10-29-90)

As an additional remedy, the operation of any leaf blower in violation of any provision of sections 13-72.1 through 13-72.4 which operation causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

Any violation of sections 13-72.1 through 72.4 is declared to be a public nuisance and may be abated in accordance with law. The expense of such abatement may be by resolution of the city council declared to be a lien against the property in which such nuisances are maintained, and such lien shall be made a personal obligation of the property owner.

(Ord. No. 856, § 1, 10-29-90)