San Anselmo Municipal Code Ch. 7 Prohibition of Gasoline-Powered Landscape Equipment

Footnotes:

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Editor's note— Ord. No. 1173, § 2, adopted December 13, 2022, repealed the former ch. 7, §§ 5-7.01—5-7.06, and enacted a new ch. 7 as set out herein. The former ch. 7 pertained to prohibition of two-cycle leaf blowers and derived from Ord. No. 1157, § 2, adopted September 28, 2021. The former ch. 7 pertained to sale of obnoxious confections prohibited and derived from § 2, Ord. 570, eff. September 26, 1968.

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 of San Anselmo.

(Ord. No. 1173, § 2, 12-13-2022)

For the purposes of this chapter, the phrases in this section mean the following:

(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" means equipment which is used to maintain lawns, gardens, sidewalks, planting strips and driveways. Such equipment includes, but is not limited to, leaf blowers, string trimmers, hedge trimmers, edgers, pole saws, chainsaws, push mowers, and riding mowers.

(c) "Landscape Maintenance Business" means a business, as defined by Section 6-1.01, that performs lawn and yard maintenance, such as maintain laws, gardens, sidewalks, planting strips and driveways.

(Ord. No. 1173, § 2, 12-13-2022)

(a) Non-Commercial Use. Effective June I, 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 Section 5-7.05.

(b) Commercial Use. 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 Section 5-7.05.

(Ord. No. 1173, § 2, 12-13-2022)

(a) Subject to the restrictions of Section 5-7.03 the use of landscape equipment is' otherwise permitted within Town limits as follows:

(1) The hours of operation for leaf blowers shall be subject to the provisions of Section 4-7.207.

(2) 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, or planting strips in, order to maintain safe and healthy thoroughfares for pedestrians and cyclists and to promote active transportation in the Town.

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

(Ord. No. 1173, § 2, 12-13-2022)

(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, including public school districts;

(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 eighteen (18) inches or longer, or to brush cutters.

(c) Temporary Exemptions.

(1) In the event that there is a lack of commercially available or cost-comparable electric landscape equipment, the Town Manager or their designee may approve a temporary exemption until such electric landscape equipment can be obtained. To claim this exemption, a person seeking to continue the use of gasoline-powered landscape equipment that would otherwise be in violation of this chapter must, before using such equipment, submit documentation to the Town Manager or their 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 any information as the Town Manager or their designee may request at their discretion. In no event shall a temporary exemption be granted for a period exceeding two (2) years.

(Ord. No. 1173, § 2, 12-13-2022)

(a) The Town may use any of the enforcement tools available under the Town Code or State Law, including but not limited to, administrative citations and nuisance abatement, to enforce the provisions of this Chapter.

(b) Any person violating any provision of this chapter shall be guilty of an infraction.

(c) Any violation of the provisions of this ordinance is hereby declared a public nuisance and shall be subject to abatement in the manner set forth in Title 1 Chapter 2.

(d) The remedies and penalties provided in this section are cumulative and not exclusive. If the Town adopts additional Municipal Code enforcement mechanisms, the Town may use those mechanisms to enforce this ordinance.

(Ord. No. 1173, § 2, 12-13-2022)