Fairfax Municipal Code Ch. 8.74 Gasoline Powered Landscape Equipment

The purpose of this chapter is to establish standards to protect the natural environment, increase sustainability efforts, reduce greenhouse gas emissions, and improve the overall quality of life within the town.

(Ord. 867, passed 7-6-2022)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GASOLINE-POWERED. Any item or equipment that is powered by an internal combustion engine that runs on gasoline, diesel, or other volatile fuel.

LANDSCAPE EQUIPMENT. Equipment such as, but not limited to, a lawn mower, leaf blower and/or edger-trimmer used to maintain lawns, gardens, sidewalks and driveways.

LANDSCAPE MAINTENANCE BUSINESS. A business, as that term is defined by § 5.04.010 of this Code, that performs lawn and yard maintenance such as, but not limited to, cutting grass and removing leaves.

(Ord. 867, passed 7-6-2022)

(A) Effective January 1, 2023, the use or operation of any gasoline-powered landscape equipment for personal, non-commercial purposes by any resident of the town, or the use of gasoline-powered landscape equipment by town staff or contractors on town property, is expressly prohibited, except as provided in § 8.74.040.

(B) Effective January 1, 2024, the use or operation of any gasoline-powered landscape equipment for commercial purposes by any landscape maintenance business is expressly prohibited, except as provided in § 8.74.040.

(Ord. 867, passed 7-6-2022)

Subject to the restrictions of § 8.74.030, the use of landscape equipment is otherwise permitted within town limits as follows:

(A) No landscape equipment shall be operated except between the hours of 8:00 a.m. and 6:00 p.m. on weekdays, and between the hours of 9:00 a.m. and 4:00 p.m. on weekends and holidays.

(B) Except for emergency use by the town or its employees, agents, or contractors, the use of landscape equipment within town limits shall not extend into the public right-of-way, including streets, sidewalks, and planting strips, in order to maintain safe and healthy thoroughfares for pedestrians and cyclists and to promote active transportation in the town.

(C) Persons operating landscape equipment shall not deposit dirt, dust, leaves, grass clippings, trimmings, solid waste, or debris onto a neighboring property or into streets, gutters, or storm drains.

(Ord. 867, passed 7-6-2022)

(A) This chapter shall be construed and applied in a manner consistent with all federal and state laws applicable to the town and shall not apply to any of the following:

(1) A department, agency or contractor of the federal government;

(2) A department, agency or contractor of the State of California;

(3) A local public entity or its contractor; and/or

(4) The town or its employees, agents, or contractors in emergency situations.

(B) This chapter does not apply to the use of chainsaws with blades or blade attachments longer than 18 inches.

(C) In the event that there is a lack of commercially available or cost-comparable electric landscape equipment, the Town Manager or designee may approve a temporary exemption until such electric landscape equipment can be obtained. To claim this exemption, a person seeking to continue to use gasoline-powered landscape equipment that would otherwise be in violation of this chapter must, before using gasoline-powered landscape equipment, submit documentation to the Town Manager or designee that includes a list of equipment suppliers contacted, a price comparison, and a statement of financial hardship rendering that person unable to comply with this chapter, in addition to such other information as the Town Manager or designee may request at their discretion. In no event shall a temporary exemption be granted for a period exceeding two years.

(D) The Town Manager is authorized to grant a one-time, six month extension to any resident who requests such extension based upon a self-reported financial hardship.

(Ord. 867, passed 7-6-2022)

(A) The Town Manager or his or her designee has primary responsibility for enforcement of this chapter.

(B) Any person violating any provisions of this chapter shall be guilty of an infraction for the first, second, and third instances of such violation, which infractions are punishable pursuant to §§ 1.08.020, 1.08.040, and 1.08.050 of this Code.

(C) Any person having been cited for three violations of any provision of this chapter who, within one year thereafter, commits a fourth or any subsequent violation of the same provisions of this chapter may, in the discretion of the Town Attorney, be charged as a misdemeanor punishable pursuant to § 1.08.030 of this Code.

(D) In addition to those remedies set forth above, the Town Manager or his or her designee may punish any violation of this chapter as a public nuisance, subject to abatement as set forth in Chapter 2 of Title 1 of this Code.

(E) The remedies and penalties provided in this section are cumulative and not exclusive. The Town Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulations or administrative procedures developed pursuant hereto.

(Ord. 867, passed 7-6-2022)