San Rafael Municipal Code Ch. 8.40 Regulation of Small Off-Road Engines

The purpose of this chapter is to establish restrictions on the operation of small off-road engines, including leaf blowers, within city limits to protect the peace, health, safety and general welfare of the public from excessive, unnecessary and unreasonable noises and pollutant and other emissions from small off-road engines. The provisions of this chapter and the remedies contained in this Code shall be cumulative and are not intended to replace any otherwise available remedies for public or private nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the city's environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise control requirements for discretionary permit approvals should more strict measures be found to be necessary in order to maintain noise levels that are not detrimental to the health and welfare of the public.

(Ord. No. 2014, § 2, 8-1-2022)

The following words and phrases shall, whenever used in this chapter, be construed as set forth in this section:

a. "Electrically-powered leaf blower" means any leaf blower powered by electric means, including but not limited to battery-powered leaf blowers and cordless rechargeable leaf blowers.

b. "Gas-powered leaf blower" means any leaf blower directly powered by an internal combustion engine using gasoline, alcohol or other liquid or gaseous fluid.

c. "Holidays" shall have the same meaning as provided in Chapter 8.13 of the San Rafael Municipal Code.

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

e. "Small off-road engines" means any device that utilizes a gas-powered, spark-ignition engine rated at or below nineteen (19) kilowatts (twenty-five (25) horsepower), including but not limited to a leaf blower. Engines in this category are used in lawn and garden equipment as well as other outdoor power equipment and specialty vehicles.

(Ord. No. 2014, § 2, 8-1-2022)

Effective October 1, 2022, it shall be unlawful for any person to operate or authorize, permit, or direct another who engages in the operation of any leaf blower within city limits except during the following hours:

This chapter does not supersede, alter or in any way affect the noise levels of current city noise ordinances.

(Ord. No. 2014, § 2, 8-1-2022)

Effective October 1, 2022, it shall be unlawful for any person to operate or authorize, permit, or direct another who engages in the operation of any gas-powered leaf blower within city limits.

(Ord. No. 2014, § 2, 8-1-2022)

No person may deposit dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste, or debris onto a neighboring property or into streets, gutters, or storm drains within city limits.

(Ord. No. 2014, § 2, 8-1-2022)

Any leaf blower operated in violation of the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under Chapters 1.40, 1.42, 1.44, or 1.46 of this Code, or under state law.

(Ord. No. 2014, § 2, 8-1-2022)