Lafayette Municipal Code Ch. 8-23 Gasoline Powered Leaf Blowers

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 City of Lafayette. The Lafayette City Council finds and expressly declares as follows:

(a) Reducing our city's greenhouse gas (GHG) emissions is in line with Lafayette's Mission Statement to "support environmental sustainability and effective infrastructure" and benefits the health, welfare, and resiliency of Lafayette and its residents.

(b) The following addition to the Lafayette Municipal Code is reasonably necessary because of health and safety concerns as Lafayette residents suffer from asthma and other health conditions associated with poor outdoor air quality exacerbated by the combustion of gasoline, diesel, and other volatile fuels.

(c) Pursuant to CEQA Guidelines Section 15061(b)(3), also known as the "general rule" exemption, the prohibition on gasoline powered leaf blowers is exempt from CEQA as it can be seen with certainty that it will have no possibility for causing a significant effect on the environment as leaf blowers powered by other means are still permitted.

(d) The intent of this chapter is to eliminate gasoline powered leaf blowers and associated greenhouse gas emissions in the City of Lafayette where electric and battery powered equipment can be practicably used, thereby reducing the environmental and health hazards produced by gasoline powered equipment.

(Ord. No. 688, § 3, 10-10-2023)

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

(a) "Gasoline powered" means any item or equipment that is powered by an internal combustion engine that runs on gasoline, diesel, or other volatile fuel.

(b) "Landscape equipment" includes, but is not limited to, a lawn mower, leaf blower, chainsaw, and/or edge trimmer used to maintain lawns, gardens, sidewalks, and driveways.

(c) "Leaf blower" means a machine, powered by a gasoline engine or electric motor, used to blow, displace, or vacuum leaves, dirt and/or debris.

(Ord. No. 688, § 3, 10-10-2023)

Effective July 1, 2024, it shall be unlawful for any person to operate, allow, hire, employ or engage the services of a person or business that operates any gasoline powered leaf blower on property that the person owns.

(Ord. No. 688, § 3, 10-10-2023)

Use of gasoline powered leaf blowers is exempt from this section as follows:

(a) When utilized by or at the direction of emergency responders for the purposes of responding to an emergency, or necessary to restore, preserve, protect, or save lives or property from imminent danger of loss or harm; or

(b) When used to clear downed trees or vegetation in areas needing expedient clearance when necessary to protect public safety, as authorized by the city.

(Ord. No. 688, § 3, 10-10-2023)

Subject to the restrictions of Section 8-2303 and Chapter 5-2, the use of leaf blowers is otherwise permitted within the city limits.

(Ord. No. 688, § 3, 10-10-2023)

Whenever the code enforcement officer determines that a violation exists pursuant to this chapter, the code enforcement officer may issue a notice of violation to the property owner responsible for the violation, followed by an administrative citation, pursuant to the procedures outlined in Chapter 1-9 of this code.

(Ord. No. 688, § 3, 10-10-2023)