Oakland Municipal Code Ch. 8.64 Prohibition on Combustion Engine-Powered Leaf Blowers and String Trimmers

This Chapter shall be known as the "Prohibition on Combustion Engine-Powered Leaf Blowers and String Trimmers Ordinance."

(Ord. No. 13616, § 2, 10-6-2020)

"Combustion engine-powered leaf blower" means any leaf blowing device powered by an internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fluid. Lawn mowers and electric leaf blowers are not included in this definition.

"Combustion engine-powered string trimmer" is a string trimmer powered by an internal combustion or rotary engine using gasoline, alcohol, or other liquid or gaseous fluid. Electric string trimmers are not included in this definition.

"Combustion engine-powered yard equipment" shall mean only combustion engine-powered leaf blowers and combustion engine-powered string trimmers, for purposes of this Chapter.

"Electric leaf blower" means any leaf blowing device powered by only electric means, including but not limited to battery-powered leaf blowers and cordless rechargeable leaf blowers.

"Electric string trimmer" is a string trimmer powered by only electric means including but not limited to battery-powered string trimmers and cordless rechargeable string trimmers.

"Leaf blower" is any motorized device that is used to blow leaves, dirt, and other debris off sidewalks driveways, lawns, and other surfaces.

"String trimmer," also known as a strimmer, line trimmer, whipper-snipper, weed eater or weed whacker, is any motorized tool which uses a flexible monofilament line instead of a blade for cutting grass and other plants near objects, or on steep or irregular terrain.

(Ord. No. 13616, § 2, 10-6-2020)

A. No person shall operate any combustion engine-powered yard equipment within the city in either public or private settings.

B. No owner of real property, tenant in possession of real property, or person in control of real property shall allow the operation of combustion engine-powered yard equipment on the property.

C. No person who owns or operates a gardening, landscape maintenance or similar service shall operate or allow an employee or agent of that service to operate combustion engine-powered yard equipment within the City.

(Ord. No. 13616, § 2, 10-6-2020)

A. Violations. Any person violating this Chapter shall be subject to administrative citations pursuant to O.M.C. Chapter 1.12. In addition, any violation in excess of three (3) violations in a three-year period shall be a major violation subject to a civil penalty of up to one thousand dollars ($1,000.00) per violation.

B. Infractions. Any person who violates, causes, or permits another person to violate any provision of these regulations is guilty of an infraction unless otherwise provided.

C. Responsible Parties. The responsible parties for any and all violations shall be those parties listed in Section 8.64.030 B. and C. Employees of parties listed in Section 8.64.030 C. are not considered responsible parties under this Chapter.

D. Public Nuisance. Continued operation of Combustion Engine-Powered Yard Equipment in violation of this Chapter after issuance of a notice is a public nuisance.

(Ord. No. 13616, § 2, 10-6-2020)

Violations may appealed pursuant to O.M.C. 1.12.080 or other alternate or additional standards and procedures as may be promulgated by the City Administrator.

(Ord. No. 13616, § 2, 10-6-2020)