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Home My WebLink AboutCM Draft Leaf Blower Ordinance Input PPTLeaf Blower Ordinance City Council Meeting July 5th,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 residents and 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 Proposed policy changes By 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. 8 Items for the Council to provide direction on… Hours of operation Staff recommendation: Things to consider •23 % of residents surveyed requested to start the hours of operation later due to the noise emitted by leaf blowers •70% of businesses surveyed stated that they operate leaf blowers starting at 8:00 a.m. •DPW, requested an earlier start time at non-residential properties, particularly in the Downtown area, to ensure their work isn’t interrupted •Hours of operation across Marin vary, some starting at 8:00 a.m. , others at 9:00 a.m. Item for council direction: •Should staff change the recommended hours of operation for residential properties to a later starting time? 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 Items for Council to provide direction on… Banning the operation of gas-powered leaf blowers -Timeline 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. For the council to consider: •75% of business surveyed already own an electric leaf blower •Over 60% of businesses surveyed work in other Marin jurisdictions, which many already have a ban on gas powered leaf blowers •Seven Marin jurisdictions have banned gas leaf blowers, and two (Fairfax and Novato) are considering bans. •46% of residents that responded to our survey urged the City to start the ban sooner rather than later •The state will be providing monetary incentives for businesses and residents to change to electric leaf blowers by Fall 2022. Item for Council Direction When does Council believe is an appropriate time to ban gas-powered leaf blowers? 10 Staff recommendation 11 Accept report and provide direction to staff to prepare a final ordinance. 1.Should staff change the recommended hours of operation for residential properties to a later starting time? 2.When does Council believe is an appropriate time to ban gas-powered leaf blowers? Questions and comments 12 Thank you 13