Tiburon Municipal Code Ch. 30 Leaf Blowers and Hedge Trimmers

Footnotes:

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Ord. No. 518 N.S., §§ 2, 3, adopted Jan. 20, 2010, repealed the former Tit. VI, Ch. 30 and enacted a new Tit. VI, Ch. 30 as set out herein. The former Tit. VI, Ch. 30 pertained to similar subject matter and derived from Ord. 415 N.S.; Ord. No. 471 N.S., § 2(part).

This chapter shall be known as the "Town of Tiburon Leaf Blower and Hedge Trimmer Ordinance" and may be so cited.

(Ord. No. 518 N.S., § 3, 1-20-2010)

(a) The purpose of this chapter is to regulate the use of leaf blowers and nonmanually-powered hedge trimmers within the town, so as to prevent the unreasonable and continuous disruption of the community due to associated mechanical noise and the propensity of the devices to broadcast dust and other airborne pollutants into the air and onto nearby properties.

(b) Residential areas are being distinguished from other areas of the town because of the special maintenance needs for commercial and other public areas, and the particular sensitivity of residential uses to the impacts and effects resulting from the use of leaf blowers and nonmanually-powered hedge trimmers.

(Ord. No. 518 N.S., § 3, 1-20-2010)

For the purposes of this chapter, the terms in this section shall have the following meaning:

"Electrically-powered hedge trimmer" means any hedge trimmer powered by electric means, including, but not limited to, cordless, rechargeable hedge trimmers.

"Electrically-powered leaf blower" means any leaf blower, leaf vacuum or other leaf-gathering device powered by electric means, including, but not limited to, cordless, rechargeable leaf blowers.

"Gas-powered hedge trimmer" means any hedge trimmer directly powered by an internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fuel. Electrically-powered hedge trimmers are not included in this definition.

"Gas-powered leaf blower" means any leaf blower, leaf vacuum or other leaf-gathering device directly powered by an internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fuel. Lawn mowers, lawn edgers, and electrically-powered leaf blowers are not included in this definition.

"Nonresidential area" means any area other than a "residential area", as defined herein.

"Residential area" means any parcel of land where the primary use of the property is for residential purposes (such as a single-family residence, duplex, apartment building or other form of residential structure). Street areas, up to the centerline of the street, directly in front of properties used for residential purposes are also considered residential areas for the purposes of this chapter. No parcel with a mixture of residential and commercial uses shall be considered as a residential area for purposes of this chapter.

(Ord. No. 518 N.S., § 3, 1-20-2010)

(a) In any residential area:

(1) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any:

a. Gas-powered leaf blower to blow leaves, dirt or other debris off sidewalks, driveways, lawns or other surfaces at any time within any residential area; and

b. Gas-powered leaf blower to collect leaves, dirt or other debris from sidewalks, driveways, lawns or other surfaces at any time within any residential area.

(2) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any gas-powered hedge trimmer to trim, prune or otherwise maintain landscaping at any time within any residential area.

(3) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any electrically-powered leaf blower or any electrically-powered hedge trimmer within any residential area except between the hours of nine a.m. and four p.m. No use of these devices is allowed on the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(b) In any nonresidential area:

(1) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any leaf blower within any nonresidential area except between the hours of nine a.m. and four p.m. No use of any leaf blower shall be allowed on any Saturday, on any Sunday or on any of the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(2) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any electrically-powered hedge trimmer within any nonresidential area except between the hours of nine a.m. and four p.m. No use of electrically-powered hedge trimmers in any nonresidential area shall be allowed on any Saturday, on any Sunday or on any of the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(Ord. No. 518 N.S., § 3, 1-20-2010)

Use of leaf blowers and/or hedge trimmers by public agency employees for emergencies or for park or public right-of-way maintenance is exempted from regulations of this chapter.

(Ord. No. 518 N.S., § 3, 1-20-2010)

(a) Violations of this chapter will be subject to an administrative enforcement process under title VI, chapter 31 of this Code that may include a citation assessing a monetary fine not to exceed two hundred fifty dollars and/or a verbal or written cease and desist warning from town officials. The town council may adjust the monetary fine amount for violations from time to time by resolution.

(b) Any property owner or employee, agent or contractor working for a property owner who violates this chapter may also be considered guilty of an infraction, and each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Such infraction shall be punishable by a monetary fine not to exceed two hundred fifty dollars. The town council may adjust the monetary fine amount for violations from time to time by resolution.

(Ord. No. 518 N.S., § 3, 1-20-2010)