HomeMy WebLinkAboutCM Leaf Blower Ordinance____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: July 18, 2022
Disposition: Passed Ordinance No. 2014 to print
Agenda Item No: 5.b
Meeting Date: July 18, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Walter Gonzalez, Management
Analyst
City Manager Approval: __________
TOPIC LEAF BLOWER ORDINANCE
SUBJECT AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 8.40
TO THE SAN RAFAEL MUNICIPAL CODE ENTITLED “REGULATION OF
SMALL OFF-ROAD ENGINES”, RELATED TO REGULATING THE
OPERATION OF LEAF BLOWERS
RECOMMENDATION
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.
BACKGROUND
California State Assembly Bill 1346 (AB 1346) mandates that by July 1, 2022, the California Air
Resources Board (CARB) adopt regulations to prohibit engine exhaust and evaporative emissions
from new small off-road engines, which includes leaf blowers and other gardening equipment. As
written, AB 1346 infers that CARB will restrict the sale of gas-powered garden equipment,
including leaf blowers statewide, produced on or after January 1, 2024. In December 2021, CARB
commenced a Small Off-Road Engines (SORE) rulemaking process that is consistent with AB
1346 requirements. Currently, CARB’s SORE rulemaking package provides a path for the
transition of SORE equipment to zero-emission equipment beginning with model year 2024.
Local community members have advocated for additional regulations on the use and operability
of leaf blowers in the City of San Rafael. Staff has received input to restrict leaf blower usage to
specific business hours due to the noise emitted and to ban the operation of gas-powered leaf
blowers due to adverse environmental impacts. A ban on gas-powered leaf blowers will further
the City's efforts to achieve its 2030 Climate Change Action Plan, as it will specifically address
goal LCT-C10: Electric Landscape Equipment, which calls for the reduction of emissions by
reducing the usage of small gas-powered engines. Banning the use of gas-powered leaf blowers
in the City aligns with the State’s zero-emission policy adopted by AB 1346.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS
Gas-powered leaf blowers have detrimental effects on the environment. The CARB found that
hydrocarbon emissions from a one-half hour of leaf blower operation equal about 7,700 miles of
driving, at 30 miles per hour average speed. Half an hour of leaf blower usage for carbon
monoxide would be equivalent to about 440 miles of automobile travel at 30 miles per hour.1 As
the State of California has moved towards legislating to restrict the sale of small gas-powered
engines on or after 2024, as inferred by AB 1346, various other municipalities have adopted
similar or more restrictive bans of gas-powered leaf blowers.
In Marin County, seven out of eleven municipalities have banned or partially banned the operation
of gas-powered leaf blowers (Attachment A). Some municipalities offer exceptions to the gas ban
related to size and property type. San Rafael is in the minority of jurisdictions that solely regulate
leaf blowers through a general noise ordinance.
To assess the impact of the proposed ordinance on local businesses, Staff surveyed gardening
and landscaping businesses registered with the City of San Rafael in English and Spanish. Staff
sent a detailed survey to all registered gardening and landscaping businesses that provided an
email, of which 60 out of the 88 registered provided an email address. Out of 60 local businesses
surveyed, 23 responded.
Staff found that 75% (15) of the respondents already owned at least one electric-powered leaf
blower. The 25% (5) of businesses that do not own an electric-powered leaf blower are firmly in
favor of keeping the gas option available. Surveyed businesses cited short battery life and loss of
efficiency, especially at larger properties, as reasons why gas-powered leaf blowers are preferred.
Businesses also provided City staff with time frames they operate leaf blowers. Over 70% (14) of
surveyed businesses start operating leaf blowers at 8:00 a.m., and 95% (19) end at or before 5:00
p.m. No business reported starting earlier than 8:00 a.m., and most businesses reported that they
stopped utilizing leaf blowers at or before 4:00 p.m.; however, a sizeable minority of 25% reported
that they used leaf blowers until 5:00 p.m.
Through an online form, staff invited residents to provide their thoughts on a proposed policy
change to regulate leaf blowers. Staff circulated the request for community feedback on the City’s
social media platforms. Staff received over 55 responses from residents and found that 93% of
respondents supported a ban on gas-powered leaf blowers, and 46% of respondents urged the
City to start the ban as soon as possible.
Staff also consulted with the Department of Public Works (DPW) to ensure a policy change would
not negatively affect DPW’s operations. DPW requested an earlier start time to operate leaf
blowers in non-residential areas, specifically Downtown, to ensure their workflow is not
interrupted.
On July 5th, 2022, staff requested direction from the City Council on setting the hours of operation,
and when to begin the ban on the operation of gas-powered leaf blowers within city limits. The
1 California Air Resources Board. Health and Environmental Impacts of Leaf Blowers | California Air Resources Board. (n.d.).
Retrieved April 26, 2022, from https://ww2.arb.ca.gov/resources/documents/health-and-environmental-impacts-leaf-
blowers.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
City Council provided feedback which was generally consistent with staff recommendations
regarding hours of operation and the start date for the ban on gas-powered leaf blowers.
Financial Assistance
The state’s AB 1346 requires CARB to identify and make available funding for a commercial
rebate or a similar incentive to local air districts to support the transition to zero-emission small
off-road equipment. The 2021-2022 Budget Act included $30 million for CARB to assist small
business landscapers to transition to zero-emission equipment. CARB staff estimates funding will
be available to the public by late Summer or early Fall of 2022.
At the City Council meeting of July 5, 2022, staff also sought City Council input on the need for a
rebate program and staff recommended not moving forward with a rebate program due to reasons
such as: funds will be available through CARB, the cost of electric leaf blowers has decreased
considerably over time, and the staff time impact of running the rebate program given other higher
priorities. After considering staff’s recommendation, the City Council input at the July 5th meeting
indicated an interest in staff operating a rebate program.
While staff continues to feel a rebate program is not essential to a ban on gas-powered leaf
blowers, the input from the City Council indicated support for a limited program. Should the City
Council continue to desire such a program at this time, the staff would develop a financial
assistance program to assist landscape businesses operating within the City with the transition to
electric-powered leaf blowers. The fund would be a one-time expenditure not to exceed $10,000.
While the program is still in development, staff anticipates that businesses who purchase an
electric-powered leaf blower to replace a gas-powered leaf blower will receive a one-time rebate
of $125. The funds will be given on a first come, first served basis and the program will end once
the funds run out or after three months’ time, whichever comes first.
Staff would develop the details of the rebate program, given the above general parameters, within
the City Manager’s existing programmatic authority and would put the program in place without
further City Council action. In other words, it would not be necessary for the City Council to pass
a resolution establishing or authorizing the rebate program, as it could happen within the City
Manager’s existing programmatic authority.
Proposed Leaf Blower Ordinance:
The operation of leaf blowers in San Rafael is now regulated through the City’s general noise
ordinance, at San Rafael Municipal Code § 8.13.040, for operation of residential power
equipment. This regulation restricts the operation of noise-producing machines on any residential
property between the hours of 8:00 a.m. – 8.00 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on
weekends and holidays.
The proposed ordinance would be effective starting October 1st, 2022, which will address after-
hours use restrictions by establishing time limitations on the operation of leaf blowers and address
the pollution impacts by banning the use of gas-powered leaf blowers.
Violation of the ordinance would constitute a public nuisance and be subject to the penalties and
remedies available to the city under chapters 1.40, 1.42, 1.44, or 1.46 of the San Rafael Municipal
Code. This code enforcement provision is consistent with other Marin municipalities’ leaf blower
ordinances. Likely enforcement would proceed first with administrative citations, which would be
levied as allowed by the municipal code (SRMC Chapter 1.44). That is, first a pre-citation notice
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
would be issued and then citations escalating for the first, second, and third and further offenses.
However, the City could pursue any enforcement mechanism provided for in the SRMC.
October 1st, 2022
Set hours of
operation for
leaf blowers
Debris regulation
Ban the operation of
gas-powered leaf
blowers
Leaf blowers in residential properties may operate only during:
Monday to Friday: 8:00 a.m. – 5:00 p.m.
Saturday to Sunday and Holidays: 10:00 a.m. – 4:00 p.m.
Leaf blowers in non-residential properties may operate only during:
Monday to Friday: 7:30 a.m. – 5:00 p.m.
Saturday to Sunday and Holidays: 8:00 a.m. – 5:00 p.m.
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.
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 the city limits.
Penalty: Penalties and remedies available to the city under chapters 1.40, 1.42, 1.44, or
1.46 of the San Rafael Municipal Code
Limiting the hours of operation
Operation of a leaf blower on any residential property would be permitted Monday to Friday from
8:00 a.m. to 5:00 p.m., and Saturday to Sunday, and holidays (defined at SRMC § 8.13.020) from
10:00 a.m. to 4:00 p.m. Operation of a leaf blower on any non-residential property would be
allowed Monday to Friday from 7:30 a.m. to 5:00 p.m., and Saturday to Sunday and holidays from
8:00 a.m. to 5:00 p.m.
These restrictions on leaf blower operations would be in addition to and not replace existing City
noise ordinances. For example, SRMC § 8.13.040 will continue to govern noise levels for
operation of residential power equipment by residential property owners, which prohibits the
production of noise levels that exceeds ninety (90) dBA beyond the property plane of the property
on which the equipment is being used, or the activity is occurring.
Use of leaf blowers: Debris
The debris regulations would prohibit a person from blowing debris onto other private or public
property, storm drain systems, and public right of way.
Banning the operation of gas leaf blowers
The City would ban the operation of all gas-powered leaf blowers. No exceptions are to be
granted. Businesses who operate gas-powered leaf blowers that require aid in updating
equipment may receive funds through the State's rebate program managed by CARB.
City staff will push a robust community engagement strategy to inform residents of the regulatory
change.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
FISCAL IMPACT
There is minimal financial impact associated with this item. The Department of Public Works
(DPW) will purchase electric powered leaf blowers, which will cost an estimated $36,000. These
appropriations are already incorporated in the approved FY 2022-23 General Fund - Park
Maintenance program budget.
OPTIONS
1. Pass the ordinance to print,
2. Do not approve the ordinance, and direct staff to return with additional information or
changes to the ordinance.
RECOMMENDED ACTION
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.
ATTACHMENTS
Attachment A: Summary of Leaf Blower Regulations in Marin County
Attachment B: Ordinance
Attachment A: Summary of Leaf Blower Regulations 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- Thu 7 a.m.to 9 p.m.
F-Sat: 7 a.m. to 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 limits
hours of operation,
no gas ban
M-S: 8 a.m. to 6 p.m.
Sunday: 9:00 a.m. to 6 p.m.
M-S: 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
Leaf Blower Restrictions in Marin County, last updated Spring 2022
*Some jurisdictions may consider multifamily dwellings as a non-residential property.
** Noise levels dictate the times they are allowed, for reference, we included the higher noise levels on this chart
ORDINANCE NO. 2014
AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 8.40 TO THE SAN
RAFAEL MUNICIPAL CODE ENTITLED “REGULATION OF SMALL OFF-ROAD ENGINES”
WHEREAS the City Council aims to reduce noise impacts from the use of leaf blowers
within city limits by establishing reasonable hours for their use; and
WHEREAS the City of San Rafael’s 2030 Climate Action Plan includes section LCT- C10,
titled “Electric Landscape Equipment”, that encourages the reduction of emissions through
reducing the usage of small gas-powered engines; and
WHEREAS research by the California Air Resources Board has identified the use of gas-
powered small off-road engines, including leaf blowers, as detrimental to the environment as they
emit high levels of air pollutants like oxides of nitrogen and other reactive organic gases; and
WHEREAS the City Council seeks to reduce greenhouse emissions by prohibiting the
operation of gasoline-powered leaf blowers; and
WHEREAS the City Council seeks to reduce the waste caused by the depositing of debris
from the use of leaf blowers onto other neighboring properties or the public right-of-way; and
WHEREAS the State of California recently passed AB 1346, that requires the California
Air Resources Board to adopt regulations to restrict the sale of new gas-powered small off-road
engines, including gas-powered leaf blowers, in order to prohibit engine exhaust and evaporative
emissions from these engines, which is intended to be implemented by January 1, 2024; and
WHEREAS, the City Council desires to regulate the operation of leaf blowers by the
adoption of such an ordinance.
BE IT ORDAINED by the City of San Rafael as follows:
Section 1. The above findings are adopted and incorporated herein.
Section 2. Chapter 8.40 (Regulation of Small Off-Road Engines) is added to Title 8 (Morals and
Conduct) of the San Rafael Municipal Code as set forth below.
8.40 – REGULATION OF SMALL OFF-ROAD ENGINES
8.40.010 Purpose.
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.
8.40.020 Definitions.
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 19 kilowatts (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.
8.40.030 Permitted Days and Times for Operation of 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 leaf blower within city limits
except during the following hours:
Property type Monday to Friday Weekends and 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.
This ordinance does not supersede, alter or in any way affect the noise levels of
current city noise ordinances.
8.40.040 Prohibition 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.
8.40.050 Use of Leaf Blowers.
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.
8.40.060 Violations a public nuisance; penalties, nuisance abatement, and
other remedies.
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.
Section 3. Environmental Review.
The City Council finds and determines that enactment of this Ordinance, which is intended to
restrict the hours of operation for leaf blowers and prohibit the use of gasoline powered leaf
blowers is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines section 15061 because it can be seen with certainty that there is no possibility that
adoption of the Ordinance may have a significant effect on the environment. (14 Cal. Code Regs.
§ 15061(3)).
Section 4. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared invalid.
Section 5. Publication; Effective Date.
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
Kate Colin, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 2014 was introduced at a regular meeting of the City Council of the
City of San Rafael on the 18th day of July 2022 and was ordered passed to print by the following
vote, to wit:
AYES: Councilmembers: Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey & Llorens Gulati
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 1st day of August 2022.
LINDSAY LARA, City Clerk
