Westminster Municipal Code Ch. 8.26 Powered Yard Equipment

As used in this chapter, the following terms shall have the meanings as set forth below:

"Parcel"

means an area of real property with a separate or distinct number or other designation shown on a plat recorded in the office of the County Recorder. Contiguous parcels owned by the same individual or entity shall be considered as one parcel for purposes of this chapter.

"Powered yard equipment"

means any machine tool or device, powered by an electric, gasoline or diesel motor, used to maintain lawns, trees, shrubs, walks, gardens, or other landscaping. Such machines, tools, or devices shall include, but not be limited to: lawn mowers, edgers, trimmers, chain saws, leaf blowers, rototillers, chippers and stump grinders.

"Residential area"

means any property zoned for residential use pursuant to Title 17 of the Westminster Municipal Code. Sidewalks and streets adjacent to residential property shall be considered a residential area for purposes of this chapter.

(Ord. 2184 § 1, 1992; Ord. 2383 § 3, 2005)

A. In residential areas, the use of powered yard equipment is permitted during the hours from eight a.m. to six p.m., Monday through Friday and nine a.m. to six p.m. on Saturdays. Powered equipment may be used on Sundays by the residential occupant only during the hours from nine a.m. to six p.m. The use and operation of powered yard equipment is further prohibited on any day which is a federal, state, or local holiday except by the residential occupant during the hours from nine a.m. to six p.m. For commercial, industrial, and recreational areas within two hundred feet of a residential area, the restricted hours and days of operation noted above shall apply.

B. It is unlawful for any person operating powered yard equipment to create any noise exceeding a decibel level of seventy dBA when measured at a distance of fifty feet from such powered yard equipment.

C. Any person using or operating powered yard equipment shall not cause dirt, dust, debris, leaves, grass clippings, and cutting or trimmings from lawns, trees, or shrubs to be blown or deposited on any adjacent or other parcel, land, lot, street, alley, or gutter from which the powered yard equipment is being used or operated. Deposits of dirt, dust, leaves, grass clippings, debris, and cuttings or trimmings from trees or shrubs shall be removed and disposed of in a sanitary manner to prevent dispersement by wind, vandalism or similar means. It is unlawful for any person to use or operate any powered yard equipment within the city in such a way as to blow or place leaves, dirt, grass clippings, and other debris in the public right-of-way and to remain there in excess of thirty minutes.

D. Powered yard equipment shall be in proper working order and all manufacturer's noise and dust control equipment on the powered yard equipment shall remain on the powered yard equipment and be in operating condition.

(Ord. 2184 § 1, 1992; Ord. 2383 §§ 2, 4—8, 2005)

Any person violating any of the provisions of this chapter shall be guilty of an infraction and shall be punished in accordance with the provisions of Section 1.12.010 of this code. Upon conviction of a first violation, the fine shall be one hundred dollars; upon conviction of a second violation within any calendar year, the fine shall be one hundred fifty dollars; upon conviction of a third violation within any calendar year, the fine shall be two hundred fifty dollars. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. 2184 § 1, 1992)

A. As an additional remedy, the operation of any powered yard equipment in violation of any provision of this chapter, which operation causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by restraining order or injunction issued by a court of competent jurisdiction.

B. Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law. The expense of such abatement may be, by resolution of the city council, declared to be a lien against the property in which such nuisances are maintained, and such lien shall be made a personal obligation of the property owner.

(Ord. 2184 § 1, 1992; Ord. 2383 § 10, 2005)