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Home My WebLink AboutCM Leaf Blower Ordinance PPTLeaf Blower Ordinance City Council Meeting July 18th,2022 1 Background The City’s general noise ordinance for residential equipment §8.13.040 2030 Climate Change Action Plan LCT-C10: Encourage the use of electric landscape equipment instead of gasoline-powered equipment through engagement campaigns. Type of Activity Maximum Noise Level Days/Hours Permitted Residential Power Equipment and Construction Activities Undertaken by Residential Property Owners Noise level not to exceed ninety (90) dBA beyond the property plane of the property on which the equipment is being used, or the activity is occurring. Mon-Fri 8:00 a.m.—8:00 p.m. Sat, Sun, Holidays. 9:00 a.m.—6:00 p.m. 2 AB 1346: Prohibits engine exhaust and evaporative emissions from new small off -road engines •“By July 1, 2022, the state board shall, adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, as defined by the state board. Those regulations shall apply to engines produced on or after January 1, 2024, or as soon as the state board determines is feasible…” •Ban the sale of gas powered small off-road engines (including leaf blowers) that are produced on or after January 1, 2024. •“…the state board shall identify, and, to the extent feasible, make available, funding for commercial rebates or similar incentive funding as part of any updates to existing, applicable funding program guidelines for districts to implement to support the transition to zero- emission small off-road equipment operations”. •The state board is to identify funding sources to aid small businesses to transition to electric powered equipment. Funding will be made available during the Fall of 2022. 3 Leaf blower ordinances in Marin County Municipality Type of ban Residential time permitted Non-residential time permitted Belvedere Gas ban Sun-Thu 7 a.m.to 9 p.m. F-Sat: 7 a.m. to 11 p.m. Sun-Th: 9 p.m. F-Sat: 11 p.m. Corte Madera Gas ban M-F: 9 a.m. –5 p.m. Saturday: 10 a.m. –4 a.m. Sunday: Not permitted M-F: 7 a.m. –5 p.m. Saturday: 10 a.m. –4 a.m. Sunday: Not permitted Larkspur Partial gas ban M-F: 9 a.m. –5 p.m. Saturday: 10 a.m. –4 a.m. Sunday: Not permitted M-F: 7 a.m. –5 p.m. Saturday: 10 a.m. –4 a.m. Sunday: Not permitted Mill Valley Gas ban 7:00 a.m. –9:00 p.m.7:00 a.m. –9:00 p.m. Novato Ordinance to limit the hours of operation, no gas ban M-Sat: 8 a.m. to 6 p.m. Sunday: 9:00 a.m. to 6 p.m. M-Sat: 8 a.m. to 6 p.m. Sunday: 9:00 a.m. to 6 p.m. Ross Partial gas ban M-F: 8 a.m.-5 p.m. Sat: Not permitted Sun: Not permitted M-F: 8 a.m.-5 p.m. Sat: Not permitted Sun: Not permitted San Anselmo Gas ban M, Th, Sat: 1 p.m. –4 p.m.M, Th, Sat: 1 p.m. –4 p.m. Tiburon Partial gas ban M-Sun 9 a.m. –4 p.m.M-F 9 a.m. –4 p.m. Sat-Sun : Not permitted 4 Community outreach regarding policy changes •Staff reached out to registered landscaping and gardening businesses via email to get their input on possible policy changes. In addition, staff requested that the San Rafael Chamber of Commerce distributed the virtual survey to their members. •Staff reached out to registered landscaping and gardening businesses through mail, requesting their input on the proposed policy changes. •Staff crafted recommendations and publicized them on the City website, requesting feedback from residents. The webpage was promoted via the City’s various social media channels such as Facebook, Twitter, Instagram and Nextdoor, as well as a letter to the IJ . 5 Business outreach Online survey •23/88 of registered Landscaping and Gardening businesses responded to the survey •75% of respondents already owned an electric leaf blower •25% that do not operate an electric leaf blower cited the following reasons why they prefer gas-powered leaf blowers •Short battery life, loss of efficiency especially in large properties •70% of businesses started operation leaf blowers by 8:00 a.m. •95% of business stop operating leaf blowers at or before 5:00 p.m. Mailer •6/74 responses •83% businesses expressed need for financial support to change to electric equipment •66% businesses work in multiple jurisdictions in Marin •33% businesses operate both gas and electric powered leaf blowers, 33% operate just gas and 33% operates only electric. 66% of businesses operate an electric leaf blower •83% of the businesses surveyed were not aware of the incoming state ban of the sale of small off-road gas-powered engines 6 Resident outreach Online form: •Staff received 57 responses •93% of respondents support a ban on gas-powered leaf blowers •46% of respondents urged the City to start the ban as soon as possible •Previous staff recommendations were to begin the ban in January 2024 •23% of respondents requested a later start time for leaf blowers at residential properties 7 Cost analysis: Type Power Cost STIHL BG 86 166 mph 444 CFM Gas Handheld Leaf Blower Up to 166 MPH air speed; up to 444 CFM airflow $280 + tax STIHL BR 600 238 mph 677 CFM Gas Backpack Leaf Blower Up to 238 MPH air speed; up to 677 CFM airflow $530 + tax Type Power Cost EGO Power+ LB5302 3-Speed Turbo 56-Volt 530 CFM Cordless Leaf Blower 2.5Ah Up to 135 MPH air speed; up to 530 CFM airflow $179 + tax (battery and charger included) Kobalt 40-volt 690-CFM 135- MPH Brushless Backpack Cordless Electric Leaf Blower Up to 135 MPH air speed; up to 690 CFM airflow $300 + tax (includes one battery set) 8 Gas-powered leaf blowers Electric-powered leaf blowers Proposed policy changes Effective October 2022 1.New hours of operation: 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. 2.Debris: Effective October 1, 2022, it shall be unlawful for any person to deposit dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste, or debris, or authorize, permit, or direct another who engages in such activities, onto a neighboring property or into streets, gutters, or storm drains within city limits 3.Ban the operation of gas-powered leaf blowers: 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. Property type Monday to Friday Weekends and City Holidays Residential 8:00 a.m. to 5:00 p.m.10:00 a.m. to 4:00 p.m. Non-residential 7:30 a.m. to 5:00 p.m.8:00 a.m. to 5:00 p.m. 9 Enforcement Mechanism How will the City enforce this ordinance? Enforcement of this ordinance will be complaint based. Residents that witness another resident, or a third party employed by the resident violating any provision under this ordinance, may contact the City to place a formal complaint. •Online form and call line for code enforcement Enforcement phased in approach The City will not place fines based on the new ordinance till January 1st, 2023. Instead, the property owners will receive warning letters. Starting January 2023, the City will fine homeowners that are not compliant. Fees for violations Fines will be levied as a warning for the first offense. The second warning shall come in the form of an administrative fine. Violation fines will be primarily placed on the homeowner; however, the City may place fines on businesses if necessary. 10 Staff recommendation 11 Pass to print an Ordinance of the City of San Rafael adding Chapter 8.40 “Regulation of Small Off-Road Engines” to the San Rafael Municipal Code related to regulating the operation of leaf blowers. Thank you 12