Title
Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal Code Chapter XXIV Public Health to Add Section 24-14 Prohibition on Gasoline-Powered Leaf Blowers. (Planning and Building 20962710)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Since leaf blowers became commercially available in the 1970s, many communities in California have debated their advantages and disadvantages. Leaf blowers are useful and convenient for maintenance needs but generate adverse effects such as air pollution and noise impacts. Today, more than 20 cities in California have adopted outright bans on gasoline-powered leaf blowers and over 80 cities have adopted some form of regulation over these machines. The city of Alameda (City) is in a state of climate emergency, and both the Climate Action and Resiliency Plan and the Planning Board recommend adoption of an Ordinance to prohibit the use of gasoline-powered leaf blowers citywide, effective January 1, 2023. The deferred effective date provides landscape professionals, who may be under contract, to phase out the use of the gasoline-powered leaf blowers. The reference to “gasoline-powered” includes all gasoline, diesel, and other combustion engine-powered leaf blowers.
BACKGROUND
Leaf blowers are commonly used in landscape maintenance for their effectiveness in moving loose debris, but despite their usefulness, the blowers are loud and generate air pollution. When leaf blowers first became widely available in the 1970s, the devices were motorized units that operated on gasoline and diesel fuel. A 2000 report prepared by the California Air Resources Board found that gasoline-powered leaf blowers have potential significant adverse impacts upon the general health, safety and welfare of residents. Leaf blowers also release carbon emissions into the air each year. Over the years, more than 20 cities in the state of California have banned gasoline leaf blowers, including the nearby cities of Berkeley, Piedmont, and Palo Alto, and another 80 California cities have adopted regulations on leaf blower usage. These cities have found that gas-powered leaf blowers disperse air pollutants over a much smaller area; causing the operator, as well as surrounding inhabitants, to come into contact with increased pollution. The abundant use of this type of equipment can potentially create significant clean air and health impacts for the community. Alameda residents have also inquired about regulating these devices in recent years.
In March 2019, the City Council unanimously passed a resolution declaring a climate emergency in Alameda. That same year, the City Council adopted the City of Alameda Climate Action and Resiliency Plan, which specifically calls for a ban on gas-powered leaf blowers to eliminate a source of air pollution and carbon emissions in the community.
In May 2021, the Planning Board held a public hearing and recommended that the City Council adopt the Ordinance with an effective date of January 1, 2023 to give landscape businesses and their clients adequate time to make adjustments to comply with the ban.
DISCUSSION
As recommended by the Planning Board, the Ordinance would prohibit the use of all gasoline, diesel, or other combustion engine-powered leaf blowers citywide, effective January 1, 2023. The purpose of deferring the effective date is to provide significant lead time to allow businesses and homeowners with existing landscape maintenance contracts, some of which may specify allowing the use of gas-powered blowers, to work toward phasing out such equipment. The Ordinance also requires any business within the City that sells gas-powered blowers to post a notice regarding the ban.
Like leaf blower ordinances adopted by other cities, a violation of the ban could be enforced criminally through an infraction citation or by the issuance of an Administrative Citation. Consistent with state law, infractions would subject the violator to a fine not to exceed $250, as determined by the court. In accordance with AMC Section 1-7.4, if an administrative citation is issued, the amount of the fine for a first time violator is $250, a second time violation within three years would trigger a fine of $500, and a third time violation within three years would trigger a fine of $1,000. The Ordinance identifies the responsible party as either the property owner, tenant or business owner, and the individual operating the gas-powered leaf blower, to provide maximum flexibility in enforcement options.
ALTERNATIVES
Regulation of leaf blowers in California has taken various forms. These regulations include outright bans, as recommended by staff, and regulation of the allowable days, hours, and location of usage. In addition to an outright ban on gasoline-powered blowers, the City Council may also consider regulating battery-operated and electric leaf blowers by limiting their use to certain days and times depending on the location in the City (i.e., residential neighborhoods or business parks). Staff is not recommending additional limitations on allowed leaf blowers at this time due to the additional enforcement resources that would be necessary to implement such limitations.
FINANCIAL IMPACT
There is no financial impact to the General Fund or any other City funds to adopt an ordinance amending Chapter XXIV of the Alameda Municipal Code (Public Health) to prohibit the use of gasoline-powered leaf blowers citywide.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The Ordinance is consistent with the adopted Climate Action and Resiliency Plan and the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
Adoption of the Ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to the general rule in Section 15061(b)(3) of the CEQA Guidelines that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance is specifically designed to reduce environmental impacts caused by devices that cause air quality impacts and generate harmful greenhouse gas emissions.
CLIMATE IMPACT
Adoption of an Ordinance banning gasoline powered leaf blowers is a recommended action in the City’s Climate Action and Resiliency Plan.
RECOMMENDATION
Conduct a public hearing and introduce an ordinance amending Alameda Municipal Code Chapter XXIV Public Health to add Section 24-14 Prohibition on Gasoline-Powered Leaf Blowers, to be effective January 1, 2023.
CITY MANAGER RECOMMENDATION
This proposed Ordinance is consistent with the City’s Climate Action and Resiliency Plan.
Respectfully submitted,
Andrew Thomas, Planning, Building and Transportation Director
By,
Allen Tai, City Planner
Financial Impact section reviewed,
Annie To, Finance Director
Exhibit:
1. 2000 Leaf Blower Report
cc: Eric Levitt, City Manager
Gerry Beaudin, Assistant City Manager