Chapter 9.37 — LEAF-BLOWING MACHINES

It is declared to be the policy of the city to prohibit unnecessary, excessive and annoying noise, airborne dust and noxious fumes caused by the use of leaf blowers, pursuant to the city's police powers.

(Ord. 6845 § 1, 2000: Ord. 6227 § 1 (part), 1987)

As used in this chapter, unless the context otherwise indicates, the words and phrases used in this chapter are defined as follows:

A.

"Leaf-blowing machine" means any device or air-blowing machine, gas or electric, which is designed or intended, by generating a concentrated stream of air, to blow, dispel, or make airborne, leaves, grass cuttings, paper, trash or any other type of unattached debris or material.

B.

"Parcel" as used in this chapter, means that area of real property as defined by the county recorder. Contiguous parcels owned by the same individual or entity shall be considered one parcel for the purposes of this chapter.

C.

"Residential area" as used in this chapter, means any property used in a manner defined as a residential use in Section 17.16.030 of this code.

Sidewalks and streets adjacent to residential property shall be considered a "residential area" for purposes of this chapter.

D.

"Person" as used in this chapter means one who uses, controls, employs or hires an individual to use a leaf blower, including but not limited to, the real property owner, a tenant, an individual holding a legal interest in the real property, or a person employed in the landscape gardening or property maintenance business.

(Ord. 6845 § 2, 2000; Ord. 6227 § 1 (part), 1987)

A.

It is unlawful for any person to use or to operate, or cause to be operated any type of leaf-blowing machine or device within a residential area before 8:00 a.m. and after 6:00 p.m., Monday through Friday; before 9:00 a.m. and after 5:00 p.m. on Saturday; or at any time on Sunday.

B.

It is unlawful for any person to use or allow to be used, or to operate or cause to be used or operated any type of leaf- blowing machine or device in the city within a radius of 500 feet of a residential area before 8:00 a.m. and after 6:00 p.m., Monday through Friday; before 9:00 a.m. and after 5:00 p.m. on Saturday; or at any time on Sunday.

C.

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

D.

It is unlawful to operate more than one leaf blower per parcel.

E.

It is unlawful to operate a leaf blower for more than 15 minutes per hour on a parcel less than ½ acre, and for more than 30 minutes per hour on a parcel greater than ½ acre.

F.

It is unlawful to operate a leaf blower with a maximum noise level of 65 decibels when measured from a distance of 50 feet.

G.

Commencing February 28, 2023, it is unlawful for the city, and commencing April 28, 2023, it is unlawful for any person to operate or authorize the operation of a gas-powered leaf blower at any time for any purpose. Notwithstanding the preceding sentence, the person responsible for any violation of this Section G shall be limited to the landscape business owner, or homeowner if using their private gas-powered leaf blower. Use of gas-powered leaf blowers is exempt from this section as follows:

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.

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. 6845 § 3, 2000: Ord. 6227 § 1 (part), 1987)

(Ord. No. 7389, § 1, 4-25-2022)

It is unlawful for any person to utilize a leaf blower without having on file a certificate of compliance with the health department attesting to their knowledge of leaf blower operation and that they will operate a leaf blower in a manner so as to minimize dust and noise, and that they will utilize and keep in good working condition the noise reduction equipment installed on their leaf blowers.

(Ord. 6227 § 1 (part), 1987)

It is unlawful to use or operate a leaf blower within the city unless it is certified annually by the public health department. Upon certification, a department approved sticker shall be affixed on the leaf blower so as to be visible at all times the leaf blower is in use.

(Ord. 6845 § 4, 2000: Ord. 6227 § 1 (part), 1987)

The public health department shall have responsibility for enforcement of this chapter.

(Ord. 6845 § 5, 2000)