Dana Point Municipal Code Ch. 6.20 Regulation of Leaf Blowers

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

"Leaf blower"

means any portable power equipment designed or operated to produce a current of air by fuel, electricity, or other means to push, propel, or blow dust, leaves, grass clippings, cuttings, and trimmings from trees and shrubs or other debris.

"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 Chapter.

"Residential area"

means any property zoned for residential use as provided for in Section 7-9-1 et seq. of the Codified Ordinances of the County of Orange as the same were incorporated by reference into the Dana Point Municipal Code by Ordinance No. 90-07. Sidewalks and streets adjacent to residential property shall be considered a residential area for purposes of this Chapter.

(a) In residential areas, the use and operation of leaf blowers is prohibited except during the hours of 9:00 a.m. to 5:00 p.m. Monday through Saturday. The use and operation of leaf blowers is further prohibited on any day which is a legal holiday identified in this Code. For commercial, industrial, and recreational areas within two hundred (200u) feet of a residential area, the restricted hours of operation noted above shall apply.

(b) It shall be unlawful for any person operating a leaf blower to create any noise exceeding the following decibel levels when measured at a distance of fifty (50I) feet from such leaf blower:

(1) New leaf blowers purchased, leased, or rented on or after a date three months from the effective date of this Chapter shall not exceed a noise level of 70 dba.

(2) New leaf blowers purchased, leased, or rented on or after 48 months from the effective date of this Chapter shall not exceed a noise level of 65 dba.

(3) All leaf blowers other than those specified at Subparagraphs (1) and (2) hereinabove shall not exceed a noise level of 70 dba on or after one year from the effective date of this Chapter.

(c) Any person using or operating a leaf blower shall not cause dirt, dust, debris, leaves, grass clippings, cuttings, or trimmings from trees or shrubs to be blown or deposited on any adjacent or other parcel, land, lot, street, alley, or gutter from which the leaf blower is being used or operated. Deposits of dirt, dust, leaves, grass clippings, debris, cuttings, or trimmings from trees or shrubs shall be removed and disposed of in a sanitary manner, to prevent dispersement by wind, vandalism, or similar means.

(d) Each commercially operated leaf blower shall have affixed on it the business name, address, and telephone number in a clear, identifying manner.

(a) Any person violating any of the provisions of this Chapter shall be deemed guilty of 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.

(b) Any person convicted of a violation of this Chapter more than three times in any calendar year shall be deemed guilty of an infraction as defined in Section 1.01.220(b) of this Code and subject to punishment in accordance with Section 1.01.220(b) of this Code.

(a) As an additional remedy, the operation of any leaf blower in violation of any provision of this Chapter 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.

(b) Any violation of this Chapter 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.

Section 11-4-6-7, "Special Provisions," of the Dana Point Municipal Code which adopts by reference Section 4-6-7 of the Codified Ordinances of the County of Orange provides certain exemptions from the operation of the noise ordinance. The exemptions provided in Section 4-6-7 of the Codified Ordinances of the County of Orange shall be wholly inapplicable to the operation of gasoline powered leaf blowers within the corporate limits of the City of Dana Point.